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