State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
Division 2 Development applications
Note.Clause 50A of the Environmental Planning and Assessment Regulation 2000 requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the Strategic Agricultural Land Map) must be accompanied by:
(a) a gateway certificate, or
(b) a site verification certificate that certifies that the land on which the proposed development is to be carried out is not biophysical strategic agricultural land.
17B Assessment of development applications
(1) Before determining an application for development consent for mining or petroleum development that is accompanied by a gateway certificate, the consent authority must:(a) refer the application to the Minister for Primary Industries for advice regarding the impact of the proposed development on water resources, and(b) consider:(i) any recommendations set out in the certificate, and(ii) any written advice provided by the Minister for Primary Industries in response to a referral under paragraph (a), and(iii) any written advice of the Gateway Panel in relation to the development given as part of the consultations undertaken by the Director-General under clause 3 (4A) (b) of Schedule 2 to the Environmental Planning and Assessment Regulation 2000, and(iv) any written advice of the IES Committee provided to the Gateway Panel as referred to in clause 17G (1) (whether that advice was received before or after the expiry of the 60-day period referred to in clause 17G (1) (b) (i)), and(v) any cost benefit analysis of the proposed development submitted with the application.(2) In determining an application for development consent for mining or petroleum development that is accompanied by a gateway certificate, the consent authority must consider whether any recommendations set out in the certificate have or have not been addressed and, if addressed, the manner in which those recommendations have been addressed.(3) The Minister for Primary Industries, when providing advice under this clause on the impact of the proposed development on water resources, must have regard to:(a) the minimal impact considerations set out in the Aquifer Interference Policy, and(b) the other provisions of that Policy.