State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007
Division 5 Gateway Panel
17N Constitution of Gateway Panel
(1) The Minister is to constitute the Mining and Petroleum Gateway Panel.(2) The Minister must consult with the Minister for Resources and Energy and the Minister for Primary Industries on the proposed membership of the Gateway Panel.
17O Functions of Gateway Panel
The Gateway Panel has the following functions:(a) to determine applications for gateway certificates,(b) to provide advice to the consent authority under clause 17B (1) of this Policy in relation to applications for development consent,(c) to provide advice to the Minister or the Director-General under clause 21 (2) of this Policy in relation to applications for development consent,(d) to provide advice to the Director-General under clause 3 (4A) (b) of the Environmental Planning and Assessment Regulation 2000 in relation to the preparation of environmental assessment requirements,(e) such other functions as may be imposed or conferred on the Panel by this Policy or any other law.
17P Members of Gateway Panel
(1) The Gateway Panel is to consist of not less than 3 persons appointed by the Minister.(2) A person is qualified for appointment as a member of the Gateway Panel if the person has expertise in any one or more of the disciplines of agricultural science, hydrogeology or mining and petroleum development.(3) In appointing the members of the Gateway Panel, the Minister is to ensure, as far as practicable, that the members have expertise in a mix of the disciplines referred to in subclause (2).(4) One of the members of the Gateway Panel is, by the member’s instrument of appointment or a further instrument signed by the Minister, to be appointed as the chairperson of the Panel.
17Q Constitution of Gateway Panel for particular matters
(1) For the purpose of carrying out any of its functions, the Gateway Panel is to be constituted by 3 members.(2) The members for the purpose of exercising a function of the Gateway Panel are to be determined by the chairperson.(3) The Gateway Panel may, at any time, exercise by the same members or different members, one or more of its functions.
17R Term and other conditions of office
A member of the Gateway Panel:(a) holds office for such term (not exceeding 3 years) as is determined by the Minister, and(b) ceases to hold office in such circumstances as are determined by the Minister, and(c) is entitled to such remuneration, if any, and to the payment of such expenses, if any, as are determined by the Minister, and(d) holds office subject to such conditions as are determined by the Minister.
17S Pecuniary interests
A member of the Gateway Panel who has a pecuniary interest (within the meaning of sections 442 and 443 of the Local Government Act 1993) in any matter that is the subject of a decision or advice by the Panel and who is present at a meeting of the Panel at which the matter is being considered:(a) must disclose the interest to the meeting as soon as practicable, and(b) must not take part in the consideration or discussion of the matter, and(c) must not vote on any question relating to the matter.
17T Procedure at meetings
Subject to clause 17U, the procedure at meetings of the Gateway Panel is to be determined by the Minister or, in the absence of any such determination, by the Panel.
The quorum at a meeting of the Gateway Panel is a majority of the members for the time being of the Panel.