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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 4
Part 4 Miscellaneous
18   Receipt and disposal of waste
Nothing in this Policy makes permissible (with or without consent) the use of land for the receipt or disposal of waste brought on to the land from other land, even if that use is or may be ancillary or incidental to development that is permissible under this Policy.
Note.
 For example, this Policy does not make it permissible to dispose of off-site waste on the site of an extractive industry that is permissible under this Policy even if the disposal is for the purposes of rehabilitation of the site.
18A   Designated development
Development for the purposes of extractive industries that are located in the Western Division and that obtain or process for sale, or reuse, more than 15,000 cubic metres of extractive material per year or more than 40,000 cubic metres in total is declared to be designated development for the purposes of the Act.
19   Savings and transitional—general
(1)  This Policy does not apply to or with respect to an application for an approval under Part 3A of the Act or development consent under Part 4 of the Act that had been made but not finally determined before the commencement of this Policy.
(2)  An application for development consent that was made before the commencement of the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) Amendment 2010, but was not finally determined before that commencement, is to be determined as if that Policy (other than Schedule 1 [3]) had not been made.
20   Savings and transitional—coal seam gas development in certain exclusion zones
(1)  Clause 9A extends to:
(a)  an application for development consent made, but not finally determined, before the commencement of that clause, and
(b)  a Part 3A project or concept plan application made, but not finally determined, before the commencement of that clause, and
(c)  the following requests and applications made, but not finally determined, before the commencement of that clause:
(i)  a request to modify an approved project,
(ii)  an application to modify a development consent (including an application to modify a development consent referred to in clause 8J (8) of the Environmental Planning and Assessment Regulation 2000).
(1A)  Clause 9A does not prohibit the carrying out of the following coal seam gas development:
(a)  development that is a transitional Part 3A project (within the meaning of Schedule 6A to the Act), but only if:
(i)  the project was approved (whether before or after the repeal of Part 3A) or is the subject of an approved concept plan (whether approved before or after the repeal of Part 3A) before the commencement of that clause, and
(ii)  the carrying out of the development complies with the conditions of the approval of the approved project or the approved concept plan (as in force on the commencement of that clause),
(b)  development for which development consent has been granted before the commencement of that clause, but only if the carrying out of the development complies with the conditions of the development consent (as in force on the commencement of that clause).
(1B)  Clause 9A does not prohibit the carrying out of coal seam gas development if:
(a)  the development is authorised by either of the following:
(i)  an approval to modify a transitional Part 3A project of a kind referred to in subclause (1A) (a),
(ii)  a modification of a development consent for development of a kind referred to in subclause (1A) (b), and
(b)  the Minister or consent authority who modifies the project or development consent is satisfied that the coal seam gas development authorised by the modification is of minimal environmental impact, and
(c)  any development so authorised that involves the drilling or operation of a petroleum well relates to a well that was approved as at 3 October 2013 as part of development of a kind referred to in subclause (1A) (a) or (b) and does not result in any increase in the depth or lateral extent of the well, and
(d)  the carrying out of the development so authorised complies with the conditions of the modified approval or the conditions of the modified development consent.
(1C)  To avoid doubt, subclause (1B) (c) does not apply to the drilling or operation of a petroleum well that was not approved as referred to in subclause (1B) even if that well is, or is to be, located within the drill site area of a petroleum well that was approved as referred to in subclause (1B) (c).
(2)  Words and expressions used in this clause have the same meaning as they have in Schedule 6A (Transitional arrangements—repeal of Part 3A) to the Act.
20A   SEPP to be reviewed by Minister
The Minister is to arrange for this Policy to be reviewed (and a report of the review made public) before the end of September 2015.
21   Savings and transitional—mining and petroleum development on strategic agricultural land
(1)  Part 4AA of this Policy does not apply to or with respect to an application for development consent under Part 4 of the Act if the relevant environmental assessment requirements under Part 2 of Schedule 2 to the Environmental Planning and Assessment Regulation 2000 for the development were notified by the Director-General on or before 10 September 2012.
(1A)  In addition to subclause (1), Part 4AA of this Policy does not apply to or with respect to an application for development consent under Part 4 of the Act that involves mining or petroleum development within the meaning of Part 4AA if:
(a)  the land to which the application relates was not shown (whether in whole or in part) on the Strategic Agricultural Land Map before 28 January 2014, and
(b)  the relevant environmental assessment requirements under Part 2 of Schedule 2 to the Environmental Planning and Assessment Regulation 2000 for the development were notified by the Director-General on or before 3 October 2013.
(2)  However, the Minister or the Director-General, in dealing with an application referred to in subclause (1) or (1A), may seek the advice of the Gateway Panel.