State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
Division 4 Gateway 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.
17F Applications for gateway certificates
(1) An application for a gateway certificate in respect of proposed mining or petroleum development on SA land is to be made to the Gateway Panel.(2) An application may be made only by the person who proposes to carry out the proposed mining or petroleum development.(3) If the applicant is not the owner of the land concerned, the application may be made only if notice of the application is given:(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) An application 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) a description of the proposed development,(iv) whether the land is biophysical strategic agricultural land or critical industry cluster land, or both, and(b) be in the form (if any) approved by the Gateway Panel from time to time.
17G Referral of applications
(1) Before determining an application for a gateway certificate relating to development on land that is biophysical strategic agricultural land, the Gateway Panel:(a) must refer the application to the IES Committee and the Minister for Primary Industries for advice regarding the impact of the proposed development on water resources, and(b) must take the following into consideration:(i) any written advice received by the Panel from the IES Committee within 60 days of the referral concerned,Note.This 60-day period may be extended for a period of up to 30 days if the Gateway Panel requests that the applicant provide the Panel with further information (see clause 17J (2)).(ii) any written advice received by the Panel from the Minister for Primary Industries within 70 days of the referral concerned.Note.This 70-day period may be extended for a period of up to 30 days if the Gateway Panel requests that the applicant provide the Panel with further information (see clause 17J (2)).(2) 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.
17H Determination of applications
(1) The Gateway Panel must determine an application by issuing a gateway certificate in accordance with this Division.(2) A gateway certificate must:(a) state that the Gateway Panel is of the opinion that:(i) the proposed development meets the relevant criteria (an unconditional certificate), or(ii) the proposed development does not meet the relevant criteria (a conditional certificate), and(b) include the Gateway Panel’s reasons for the formation of the opinion stated in the certificate (and the reasons for the making of any recommendations included in the certificate).(3) A conditional gateway certificate:(a) is to include recommendations of the Gateway Panel to address the proposed development’s failure to meet the relevant criteria, and(b) may also include a recommendation that specified studies or further studies be undertaken by the applicant regarding the proposed development.(4) The relevant criteria are as follows:(a) in relation to biophysical strategic agricultural land— that the proposed development will not significantly reduce the agricultural productivity of any biophysical strategic agricultural land, based on a consideration of the following:(i) any impacts on the land through surface area disturbance and subsidence,(ii) any impacts on soil fertility, effective rooting depth or soil drainage,(iii) increases in land surface micro-relief, soil salinity, rock outcrop, slope and surface rockiness or significant changes to soil pH,(iv) any impacts on highly productive groundwater (within the meaning of the Aquifer Interference Policy),(v) any fragmentation of agricultural land uses,(vi) any reduction in the area of biophysical strategic agricultural land,(b) in relation to critical industry cluster land—that the proposed development will not have a significant impact on the relevant critical industry based on a consideration of the following:(i) any impacts on the land through surface area disturbance and subsidence,(ii) reduced access to, or impacts on, water resources and agricultural resources,(iii) reduced access to support services and infrastructure,(iv) reduced access to transport routes,(v) the loss of scenic and landscape values.(5) In forming an opinion as to whether a proposed development meets the relevant criteria, the Gateway Panel is to have regard to:(a) the duration of any impact referred to in subclause (4), and(b) any proposed avoidance, mitigation, offset or rehabilitation measures in respect of any such impact.
17I Time for determination of applications
(1) The Gateway Panel must determine an application within 90 days of it being made.(2) If the Gateway Panel does not issue a gateway certificate before the expiry of the period required under this clause (and has not rejected the application), the Director-General is, by order in writing, to direct the Panel to issue a certificate in respect of the proposed development within 30 days of making the direction or such longer period as is specified in the direction.(3) If the Gateway Panel does not issue a gateway certificate within the period required by a direction under this clause, the Panel must, immediately after the expiry of that period, issue an unconditional certificate in respect of the proposed development.(4) For the avoidance of doubt, an application under this Division may be rejected only in accordance with clause 17J (3) (a).
17J Gateway Panel may request further information before determining application
(1) One request for further information permitted The Gateway Panel may make one request that the applicant provide the Panel with further information. The applicant is to provide that information within 30 days of the request.(2) “Clock stopped” while applicant responds to request During the period beginning on the making of the request and ending on the provision of the information or the expiry of the 30-day period (whichever occurs first), time ceases to run for the purpose of calculating the time periods referred to in clauses 17G (1) (b) and 17I (1).(3) Effect of failure to respond to request If an applicant fails to provide the Gateway Panel with the requested information within the 30-day period, the Panel must:(a) reject and not determine the application, or(b) continue to determine the application within the period required under this Division, as extended by subclause (2).(4) For the avoidance of doubt, the Gateway Panel:(a) may not make a request under this clause after the expiry of the 90-day period referred to in clause 17I (1), and(b) may, in determining an application, have regard to any requested information provided after the expiry of the 30-day period referred to in subclause (1).
17K Duration of gateway certificates
A gateway certificate remains current for a period of 5 years (or such shorter period as is specified in the certificate) after the date on which it is issued by the Gateway Panel.
17L Amendment of gateway certificates
(1) A gateway certificate may be amended on application to the Gateway Panel.(2) Clauses 17I and 17J apply to an application for an amendment of a gateway certificate with all necessary changes.(3) The Gateway Panel may determine, as it sees fit, whether any of the other provisions of this Division are to apply to such an application in a particular case.
17M Notification of gateway certificates
(1) The Gateway Panel must:(a) notify the applicant in writing of its determination of the application, and(b) if it issues a gateway certificate, give a copy of the gateway certificate to the applicant.(2) The Gateway Panel must give a copy of the following documents to the Director-General and must cause any such copy to be published on the Gateway Panel’s website (or, if there is no such website, the Department’s website):(a) each application for a gateway certificate,(b) any written advice received by the Gateway Panel under clause 17G,(c) each gateway certificate issued by the Gateway Panel.