New South Wales Consolidated Regulations

CAMDEN LOCAL ENVIRONMENTAL PLAN NO 46 - REG 26

26 Development within mine subsidence district

(1) This clause applies to land within an area which has been proclaimed as a mine subsidence district under section 15 of the Mine Subsidence Compensation Act 1961 .

(2) The Council shall not consent to the carrying out of development on the land to which this clause applies unless it has first obtained the concurrence of the Mine Subsidence Board to the carrying out of the development.

(3) In deciding whether concurrence should be granted as referred to in subclause (2), the Mine Subsidence Board shall take into consideration:

(a) the potential use of the land for mining purposes,

(b) whether coal resources will be sterilised by the proposed development and the measures (if any) to be taken to prevent that sterilisation,

(c) whether conditions to prevent the surface effects of mine subsidence should be imposed on the granting of consent to the carrying out of the development, and

(d) whether granting concurrence to the carrying out of the development is likely to encourage development applications which, if granted, would be likely to sterilise coal resources.