New South Wales Bills Explanatory Notes

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STATE ENVIRONMENTAL PLANNING (PERMISSIBLE MINING) BILL 1996

[Act 1996 No 27]
New South Wales
State Environmental Planning

(Permissible Mining) Bill 1996

Explanatory note

This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to validate State Environmental Planning Policy
No 45--Permissibility of Mining, and anything done or omitted in reliance
on it. The text of the Policy is set out in Schedule 1 to the proposed Act.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Ace.

Clause 2 provides for the commencement of the proposed Act on the date of
assent.

Clause 3 contains definitions of Policy (being State Environmental
Planning Policy No 45-Permissibility of Mining) and Principal Act (being
the Environmental Planning and Assessment Act 1979).

State Environmental Planning (Permissible Mining) Bill 1996 [Act 1996 No 27]
Explanatory note

Clause 4 contains validations arising from the decision of the Land and
Environment Court in Rosemount Estates Pty Ltd and Iain Gavin Nairn
Gidley-Baird v Minister for Urban Affairs and Planning and Bengalla
Mining Company Pty Limited on 6 March 1996. Clause 4 (1) validates the
making and publication of the Policy. Clause 4 (2) validates anything done or
omitted to be done pursuant to the Policy. Clause 4 (3) specifically validates
the development consent granted by the Minister for Urban Affairs and
Planning and referred to in that decision.

Schedule 1 contains the text of State Environmental Planning Policy
No 45--Permissibility of Mining, published in Gazette No 94 of 4 August
1995.

Explanatory note page 2

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