State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
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, orNote.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).