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Contents (2007 - 65)
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State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
Current version for 2 September 2015 to date (accessed 21 July 2017 at 12:35)
Part 2 Clause 11
11   Complying development
(1)  This clause applies to development that is not on any of the following land:
(a)  land within an environmentally sensitive area of State significance,
(b)  land identified in Schedule 1 to the Water NSW Regulation 2013.
(2)  Development for any of the following purposes is complying development if it is on the site of an approved mine, an approved petroleum production facility or approved extractive industry:
(a)  the construction, maintenance and use of communication facilities, electricity distribution lines or water pipelines,
(b)  subdivision for the purpose of making an adjustment to the boundary of a lot, being an adjustment that will retain all services within the existing lots and that will not:
(i)  create any additional lots or dwelling entitlements, or
(ii)  change the area of any lot by more than 10%,
(c)  the use of any mobile plant that crushes, separates, treats or sizes minerals or mineral-bearing ores, gravel or rock, or of any associated ancillary equipment, but only if:
(i)  the use is in one location only and for a total period of not more than 12 months (in any period), and
(ii)  the use is carried out more than 1 kilometre from any dwelling or school not associated with the mine, petroleum production facility or extractive industry, and
(iii)  the intended processing capacity does not exceed 150 tonnes per day or 30,000 tonnes per year, and
(iv)  the use is carried out between 7 am and 5 pm on weekdays and 8 am and 1 pm on Saturdays,
Note.
 Examples of associated ancillary equipment include generators, dredges and drills.
(d)  the reconstruction or alteration of, or addition to, a building, but only if neither the height nor the footprint area of the building will exceed by more than 10% the height or footprint area, respectively, of the original building.
(3)  Development for the purposes of liquid petroleum gas storage containers on the site of an approved petroleum production facility or approved extractive industry is complying development, but only if:
(a)  the storage containers together have a capacity to store, at any one time, a total of not more than 3 tonnes of gas, and
(b)  the storage containers comply with Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids.
(4)  Development for any of the following purposes is complying development if it is on the site of an approved mine:
(a)  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, and
(ii)  the shed covers an area of more than 1,000 square metres but not more than 3,000 square metres, and
(iii)  the shed is not more than 15 metres high, 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,
(b)  an upgrade of processing equipment or expansion of processing equipment that does not result in the capacity of the equipment exceeding by more than 10% the original capacity for the mine as approved,
(c)  the construction, maintenance and use of fuel bowsers and fuel, gas and oil storage tanks, but only if the storage tanks:
(i)  have a capacity to store, at any one time, a total of not more than 50,000 litres, and
(ii)  comply with Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids, including any requirements in relation to spill management, and
(iii)  are located on land that has been lawfully cleared of vegetation,
(d)  the construction, maintenance and use of storage tanks for the purposes of storing inert gases or stone dust, but only if the storage tanks:
(i)  have a capacity to store, at any one time, a total of not more than 50 tonnes, and
(ii)  comply with Australian Standard AS 1940—2004, The storage and handling of flammable and combustible liquids, and
(iii)  are located on land that has been lawfully cleared of vegetation,
(e)  the construction, maintenance and use of a coal storage facility, but only if:
(i)  the storage capacity of the facility does not exceed 5,000 tonnes, and
(ii)  the facility is located on land that has been lawfully cleared of vegetation,
(f)  the construction, maintenance and use of temporary buildings, but only if each building:
(i)  is constructed, maintained and used for a total period of not more than 24 months (in any period), and
(ii)  is not more than 1 storey in height, and
(iii)  meets the relevant deemed-to-satisfy provisions of the Building Code of Australia, and
(iv)  is located on land that has been lawfully cleared of vegetation.