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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 19:45)
Part 4 Clause 20
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.