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Contents (2007 - 65)
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
Current version for 1 September 2017 to date (accessed 20 October 2017 at 06:56)
Part 2 Clause 10A
10A   Additional exempt development for land that is not within an environmentally sensitive area of State significance
(1)  This clause applies to development on land that is not within an environmentally sensitive area of State significance.
(2)  Development for any of the following purposes is exempt development if it is of minimal environmental impact and is on land that is the site of an approved mine, an approved petroleum production facility or an approved extractive industry:
(a)  the construction, maintenance and use of toilet and shower facilities, but only if the facilities:
(i)  are connected to a public sewer, or
(ii)  have an on-site sewage management facility, including any related land application area within the meaning of section 68A of the Local Government Act 1993, or
(iii)  consist of temporary chemical closets approved under section 68 of the Local Government Act 1993,
(b)  the construction, maintenance and use of a shed, but only if:
(i)  the shed is set back at least 100 metres from any public road and at least 200 metres from any dwelling that is not associated with the mine, petroleum production facility or extractive industry, and
(ii)  the shed does not cover an area of more than 1,000 square metres (in the case of the site of an approved mine) or 500 square metres (in the case of the site of an approved petroleum production facility or an approved extractive industry), and
(iii)  the shed is not more than 15 metres high (in the case of the site of an approved mine) or 10 metres high (in the case of the site of an approved petroleum production facility or an approved extractive industry), and
(iv)  any spillage from chemicals or fuel stored in the shed will be caught by an appropriate and adequately sized bund, and
(v)  the shed is located on land that has been lawfully cleared of vegetation, and
(vi)  the shed meets the relevant deemed-to-satisfy provisions of the Building Code of Australia,
(c)  the installation, maintenance and use of infrastructure for the drainage of water from the mine, petroleum production facility or extractive industry, but only if the drained water is stored in, treated or otherwise managed by a lawful approved facility.
(3)  Development for the purposes of the construction, maintenance and use of a road on land that is the site of an approved mine is exempt development, but only if:
(a)  the development is of minimal environmental impact, and
(b)  the road does not create an additional intersection with a public road, and
(c)  the road is located on land that has been lawfully cleared of vegetation, and
(d)  the construction and maintenance of the road is consistent with best practice industry standards as outlined in the document titled Managing urban stormwater: Soils and construction (Volume 2C Unsealed roads), published by the Department of Environment and Climate Change and dated January 2008.
Note.
 Under section 76 of the Act, exempt development may be carried out without the need for development consent under Part 4 of the Act or for assessment under Part 5 of the Act.
The section states that exempt development:
(a)  must be of minimal environmental impact, and
(b)  cannot be carried out in critical habitat of an endangered species, population or ecological community (identified under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994), and
(c)  cannot be carried out in a wilderness area (identified under the Wilderness Act 1987).