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ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 50A Special provisions relating to development applications relating to mining or petroleum development on strategic agricultural land

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 50A

Special provisions relating to development applications relating to mining or petroleum development on strategic agricultural land

50A Special provisions relating to development applications relating to mining or petroleum development on strategic agricultural land

(1) This clause applies to a development application that relates to mining or petroleum development (within the meaning of Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 ) on the following land--
(a) land shown on the Strategic Agricultural Land Map,
(b) any other land that is the subject of a site verification certificate.
(2) A development application to which this clause applies must be accompanied by--
(a) in relation to proposed development on land shown on the Strategic Agricultural Land Map as critical industry cluster land--a current gateway certificate in respect of the proposed development, or
(b) in relation to proposed development on any other land--
(i) a current gateway certificate in respect of the proposed development, or
(ii) a site verification certificate that certifies that the land on which the proposed development is to be carried out is not biophysical strategic agricultural land.
(3) This clause does not apply to or with respect to a development application if the relevant environmental assessment requirements under Part 2 of Schedule 2 of this Regulation were notified by the Planning Secretary on or before 10 September 2012.
(3A) In addition to subclause (3), this clause does not apply to or with respect to a development application if--
(a) the land to which the application relates was not shown (whether in whole or in part) on the Strategic Agricultural Land Map before 28 January 2014, and
(b) the relevant environmental assessment requirements under Part 2 of Schedule 2 for the development were notified by the Planning Secretary on or before 3 October 2013.
(3B) However, the Minister or the Planning Secretary, in dealing with an application referred to in subclause (3) or (3A), may seek the advice of the Gateway Panel.
(4) In this clause,
"biophysical strategic agricultural land" ,
"critical industry cluster land" and
"Strategic Agricultural Land Map" have the same meanings as they have in State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 .