State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
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 4.15(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 recommended amenity noise levels, as determined in accordance with Table 2.2 of the Noise Policy for Industry, for residences that are private dwellings.(4) Cumulative air quality level The development does not result in a cumulative annual average level greater than 25 µg/m3 of PM10 or 8 µg/m3 of PM2.5 for private dwellings.(5) Airblast overpressure Airblast overpressure caused by the development does not exceed—(a) 120 dB (Lin Peak) at any time, andmeasured at any private dwelling or sensitive receiver.(b) 115 dB (Lin Peak) for more than 5% of the total number of blasts over any period of 12 months,(6) Ground vibration Ground vibration caused by the development does not exceed—(a) 10 mm/sec (peak particle velocity) at any time, andmeasured at any private dwelling or sensitive receiver.(b) 5 mm/sec (peak particle velocity) for more than 5% of the total number of blasts over any period of 12 months,(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.Noise Policy for Industry means the document entitled Noise Policy for Industry published by the Environment Protection Authority and in force as at the commencement of this clause.PM2.5 means particulate matter less than 2.5 µm in aerodynamic equivalent diameter.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, centre-based child care facility or place of public worship.