Contents (2007 - 65)
State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
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.