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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 23 October 2017 at 11:40)
Part 4AA Division 3
Division 3 Site verification certificates
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.
17C   Site verification certificates—biophysical strategic agricultural land
(1)  The Director-General may issue a site verification certificate in respect of specified land certifying, in the Director-General’s opinion, that the land is or is not biophysical strategic agricultural land.
(2)  The owner of land may apply to the Director-General for a site verification certificate in respect of the land if:
(a)  any one or more of the following has occurred:
(i)  written notice of an intention to obtain an access arrangement in relation to the land under section 142 of the Mining Act 1992 has been served,
(ii)  an access arrangement in relation to the land under Division 2 of Part 8 of the Mining Act 1992 has been agreed or determined,
(iii)  written notice of an intention to obtain an access arrangement in relation to the land under section 69E of the Petroleum (Onshore) Act 1991 has been served,
(iv)  an access arrangement in relation to the land under Part 4A of the Petroleum (Onshore) Act 1991 has been agreed or determined, and
(b)  the land is not subject to a pending development application (or modification application) for mining or petroleum development.
(3)  A person who proposes to carry out mining or petroleum development on land shown on the Strategic Agricultural Land Map may apply to the Director-General for a site verification certificate in respect of the land, but only if the person gives notice of the application:
(a)  by written notice to the owner of the land before the application is made, or
(b)  by advertisement published in a newspaper circulating in the area in which the development is to be carried out no later than 30 days before the application is made.
(4)  Only one certificate may be issued under this clause in respect of the same land.
(5)  In this clause:
modification application means an application to modify a development consent and includes:
(a)  a request to modify an approved project within the meaning of Schedule 6A to the Act, and
(b)  an application for the modification of a development consent referred to in clause 8J (8) of the Environmental Planning and Assessment Regulation 2000.
owner of land, in relation to land subject to a mining lease under the Mining Act 1992, does not include the holder of the lease.
17D   Applications for site verification certificates
(1)  An application for a site verification certificate must:
(a)  be in writing and include the following information:
(i)  the name and address of the applicant,
(ii)  the address, and particulars of title, of the subject land,
(iii)  whether the land is shown as biophysical strategic agricultural land on the Strategic Agricultural Land Map, and
(b)  be in the form (if any) approved by the Director-General from time to time, and
(c)  be accompanied by the relevant fee (if any) specified in the regulations.
(2)  The Director-General must have regard to the criteria set out in the Site Verification Protocol when determining an application for a site verification certificate.
(3)  The Director-General is to determine an application within 21 days of it being made.
17E   Notification of applications for and issue of site verification certificates
(1)  A copy of each application for a site verification certificate must be published on the Department’s website.
(2)  A copy of each site verification certificate issued by the Director-General must:
(a)  be published on the Department’s website, and
(b)  be given to the relevant local council.