MINING ACT 1992 - SECT 380AA
Restrictions on planning applications for coal mining
MINING ACT 1992 - SECT 380AA
Restrictions on planning applications for coal mining
380AA Restrictions on planning applications for coal mining
(1) An
application for development consent, or for the modification of a development
consent, to mine for coal cannot be made or determined unless (at the time it
is made or determined) the applicant is the holder of an authority that is in
force in respect of coal and the land where mining for coal is proposed to be
carried out, or the applicant has the written consent of the holder of such an
authority to make the application.
Note--: In this Act,
"development consent" means a development consent under the
Environmental Planning and Assessment Act 1979 , Part 4 or an approval under
that Act, Part 3A or Division 5.2.
(2) For that purpose, an authority in
respect of coal need not be in force in respect of the whole of the land to
which the application for development consent relates but must be in force for
the land where mining for coal is proposed.
(3) For the purposes of this
section, an authority that is a mining lease is considered to be in force in
respect of the land on which it authorises prospecting or mining for coal, and
not in respect of land on which it only authorises the carrying out of
ancillary mining activities (and not prospecting or mining for coal). A mining
lease is not an authority for the purposes of this section if it is for
ancillary mining activities only.
(4) The Secretary must notify the
appropriate planning authority of any decision under this Act to cancel or
refuse to renew an authority in respect of coal if the Secretary is aware that
an application for development consent, or for the modification of a
development consent, to mine for coal on the land concerned has been made but
not determined.
(5) In this section--
"application" includes request.
"appropriate planning authority" means--
(a) the Planning Secretary in the
case of an application for development consent for State significant
development, State significant infrastructure or a transitional Part 3A
project under the Environmental Planning and Assessment Act 1979 , or
(b)
the consent authority under that Act in relation to any other application.
