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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 12:30)
Part 3
Part 3 Development applications—matters for consideration
12AA   (Repealed)
12AB   Non-discretionary development standards for mining
(1)  The object of this clause is to identify development standards on particular matters relating to mining that, if complied with, prevents the consent authority from requiring more onerous standards for those matters (but that does not prevent the consent authority granting consent even though any such standard is not complied with).
(2)  The matters set out in this clause are identified as non-discretionary development standards for the purposes of section 79C (2) and (3) of the Act in relation to the carrying out of development for the purposes of mining.
Note.
 The development standards do not prevent a consent authority from imposing conditions to regulate project-related noise, air quality, blasting or ground vibration impacts that are not the subject of the development standards.
(3) Cumulative noise level The development does not result in a cumulative amenity noise level greater than the acceptable noise levels, as determined in accordance with Table 2.1 of the Industrial Noise Policy, for residences that are private dwellings.
(4) Cumulative air quality level The development does not result in a cumulative annual average level greater than 30 µg/m3 of PM10 for private dwellings.
(5) Airblast overpressure Airblast overpressure caused by the development does not exceed:
(a)  120 dB (Lin Peak) at any time, and
(b)  115 dB (Lin Peak) for more than 5% of the total number of blasts over any period of 12 months,
measured at any private dwelling or sensitive receiver.
(6) Ground vibration Ground vibration caused by the development does not exceed:
(a)  10 mm/sec (peak particle velocity) at any time, and
(b)  5 mm/sec (peak particle velocity) for more than 5% of the total number of blasts over any period of 12 months,
measured at any private dwelling or sensitive receiver.
(7) Aquifer interference Any interference with an aquifer caused by the development does not exceed the respective water table, water pressure and water quality requirements specified for item 1 in columns 2, 3 and 4 of Table 1 of the Aquifer Interference Policy for each relevant water source listed in column 1 of that Table.
Note.
 The taking of water from all water sources must be authorised by way of licences or exemptions under the relevant water legislation.
(8)  The Minister is to review a non-discretionary development standard under this clause if a government policy on which the standard is based is changed.
(9)  In this clause:
Aquifer Interference Policy means the document entitled NSW Aquifer Interference Policy published by the NSW Office of Water, Department of Primary Industries and in force as at the commencement of this clause.
Industrial Noise Policy means the document entitled NSW Industrial Noise Policypublished by the Environment Protection Authority and in force as at the commencement of this clause.
PM10 means particulate matter less than 10 µm in aerodynamic equivalent diameter.
private dwelling means residential accommodation owned by a person other than a public authority or a company operating a mine.
sensitive receiver means a hospital, school classroom, child care centre or place of public worship.
12   Compatibility of proposed mine, petroleum production or extractive industry with other land uses
Before determining an application for consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must:
(a)  consider:
(i)  the existing uses and approved uses of land in the vicinity of the development, and
(ii)  whether or not the development is likely to have a significant impact on the uses that, in the opinion of the consent authority having regard to land use trends, are likely to be the preferred uses of land in the vicinity of the development, and
(iii)  any ways in which the development may be incompatible with any of those existing, approved or likely preferred uses, and
(b)  evaluate and compare the respective public benefits of the development and the land uses referred to in paragraph (a) (i) and (ii), and
(c)  evaluate any measures proposed by the applicant to avoid or minimise any incompatibility, as referred to in paragraph (a) (iii).
12A   Consideration of voluntary land acquisition and mitigation policy
(1)  In this clause:
the voluntary land acquisition and mitigation policy means the policy by that name published by the Minister in the Government Gazette on 19 December 2014.
(2)  Before determining an application for consent for State significant development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider any applicable provisions of the voluntary land acquisition and mitigation policy and, in particular:
(a)  any applicable provisions of the policy for the mitigation or avoidance of noise or particulate matter impacts outside the land on which the development is to be carried out, and
(b)  any applicable provisions of the policy relating to the developer making an offer to acquire land affected by those impacts.
(3)  To avoid doubt, the obligations of a consent authority under this clause extend to any application to modify a development consent for State significant development for the purposes of mining, petroleum production or extractive industry.
(4)  This clause extends to applications made, but not determined, before the commencement of this clause.
13   Compatibility of proposed development with mining, petroleum production or extractive industry
(1)  This clause applies to an application for consent for development on land that is, immediately before the application is determined:
(a)  in the vicinity of an existing mine, petroleum production facility or extractive industry, or
(b)  identified on a map (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department and publicly available on the Department’s website) as being the location of State or regionally significant resources of minerals, petroleum or extractive materials, or
Note.
 At the commencement of this Policy, no land was identified as referred to in paragraph (b).
(c)  identified by an environmental planning instrument as being the location of significant resources of minerals, petroleum or extractive materials.
Note.
 Sydney Regional Environmental Plan No 9—Extractive Industry (No 2—1995) is an example of an environmental planning instrument that identifies land as containing significant deposits of extractive materials.
(2)  Before determining an application to which this clause applies, the consent authority must:
(a)  consider:
(i)  the existing uses and approved uses of land in the vicinity of the development, and
(ii)  whether or not the development is likely to have a significant impact on current or future extraction or recovery of minerals, petroleum or extractive materials (including by limiting access to, or impeding assessment of, those resources), and
(iii)  any ways in which the development may be incompatible with any of those existing or approved uses or that current or future extraction or recovery, and
(b)  evaluate and compare the respective public benefits of the development and the uses, extraction and recovery referred to in paragraph (a) (i) and (ii), and
(c)  evaluate any measures proposed by the applicant to avoid or minimise any incompatibility, as referred to in paragraph (a) (iii).
14   Natural resource management and environmental management
(1)  Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at ensuring that the development is undertaken in an environmentally responsible manner, including conditions to ensure the following:
(a)  that impacts on significant water resources, including surface and groundwater resources, are avoided, or are minimised to the greatest extent practicable,
(b)  that impacts on threatened species and biodiversity, are avoided, or are minimised to the greatest extent practicable,
(c)  that greenhouse gas emissions are minimised to the greatest extent practicable.
(2)  Without limiting subclause (1), in determining a development application for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider an assessment of the greenhouse gas emissions (including downstream emissions) of the development, and must do so having regard to any applicable State or national policies, programs or guidelines concerning greenhouse gas emissions.
(3)  Without limiting subclause (1), in determining a development application for development for the purposes of mining, the consent authority must consider any certification by the Chief Executive of the Office of Environment and Heritage or the Director-General of the Department of Primary Industries that measures to mitigate or offset the biodiversity impact of the proposed development will be adequate.
15   Resource recovery
(1)  Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider the efficiency or otherwise of the development in terms of resource recovery.
(2)  Before granting consent for the development, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at optimising the efficiency of resource recovery and the reuse or recycling of material.
(3)  The consent authority may refuse to grant consent to development if it is not satisfied that the development will be carried out in such a way as to optimise the efficiency of recovery of minerals, petroleum or extractive materials and to minimise the creation of waste in association with the extraction, recovery or processing of minerals, petroleum or extractive materials.
16   Transport
(1)  Before granting consent for development for the purposes of mining or extractive industry that involves the transport of materials, the consent authority must consider whether or not the consent should be issued subject to conditions that do any one or more of the following:
(a)  require that some or all of the transport of materials in connection with the development is not to be by public road,
(b)  limit or preclude truck movements, in connection with the development, that occur on roads in residential areas or on roads near to schools,
(c)  require the preparation and implementation, in relation to the development, of a code of conduct relating to the transport of materials on public roads.
(2)  If the consent authority considers that the development involves the transport of materials on a public road, the consent authority must, within 7 days after receiving the development application, provide a copy of the application to:
(a)  each roads authority for the road, and
(b)  the Roads and Traffic Authority (if it is not a roads authority for the road).
Note.
 Section 7 of the Roads Act 1993 specifies who the roads authority is for different types of roads. Some roads have more than one roads authority.
(3)  The consent authority:
(a)  must not determine the application until it has taken into consideration any submissions that it receives in response from any roads authority or the Roads and Traffic Authority within 21 days after they were provided with a copy of the application, and
(b)  must provide them with a copy of the determination.
(4)  In circumstances where the consent authority is a roads authority for a public road to which subclause (2) applies, the references in subclauses (2) and (3) to a roads authority for that road do not include the consent authority.
17   Rehabilitation
(1)  Before granting consent for development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider whether or not the consent should be issued subject to conditions aimed at ensuring the rehabilitation of land that will be affected by the development.
(2)  In particular, the consent authority must consider whether conditions of the consent should:
(a)  require the preparation of a plan that identifies the proposed end use and landform of the land once rehabilitated, or
(b)  require waste generated by the development or the rehabilitation to be dealt with appropriately, or
(c)  require any soil contaminated as a result of the development to be remediated in accordance with relevant guidelines (including guidelines under section 145C of the Act and the Contaminated Land Management Act 1997), or
(d)  require steps to be taken to ensure that the state of the land, while being rehabilitated and at the completion of the rehabilitation, does not jeopardize public safety.