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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 21 October 2017 at 19:46)
Part 3 Clause 12AB
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, centre-based child care facility or place of public worship.