STATE ENVIRONMENTAL PLANNING POLICY (MINING, PETROLEUM PRODUCTION AND EXTRACTIVE INDUSTRIES) 2007 - REG 7 Development permissible with consent

STATE ENVIRONMENTAL PLANNING POLICY (MINING, PETROLEUM PRODUCTION AND EXTRACTIVE INDUSTRIES) 2007 - REG 7

7 Development permissible with consent

(1) Mining Development for any of the following purposes may be carried out only with development consent--

(a) underground mining carried out on any land,

(b) mining carried out--

(i) on land where development for the purposes of agriculture or industry may be carried out (with or without development consent), or

(ii) on land that is, immediately before the commencement of this clause, the subject of a mining lease under the Mining Act 1992 or a mining licence under the Offshore Minerals Act 1999 ,

(c) mining in any part of a waterway, an estuary in the coastal zone or coastal waters of the State that is not in an environmental conservation zone,

(d) facilities for the processing or transportation of minerals or mineral bearing ores on land on which mining may be carried out (with or without development consent), but only if they were mined from that land or adjoining land,

(e) mining on land that is reserved as a state conservation area under the National Parks and Wildlife Act 1974 ,

(f) extracting a bulk sample as part of resource appraisal of more than 20,000 tonnes of coal or of any mineral ore.

(2) Petroleum production Development for any of the following purposes may be carried out only with development consent--

(a) petroleum production on land on which development for the purposes of agriculture or industry may be carried out (with or without development consent),

(b) petroleum production on land that is, immediately before the commencement of this clause, the subject of a production lease under the Petroleum (Onshore) Act 1991 ,

(c) petroleum production in any part of a waterway, an estuary in the coastal zone or coastal waters of the State that is not in an environmental conservation zone,

(d) facilities for the processing or transportation of petroleum on land on which petroleum production may be carried out (with or without development consent), but only if the petroleum being processed or transported was recovered from that land or adjoining land,

(e) petroleum production on land that is reserved as a state conservation area under the National Parks and Wildlife Act 1974 ,

(3) Extractive industry Development for any of the following purposes may be carried out with development consent--

(a) extractive industry on land on which development for the purposes of agriculture or industry may be carried out (with or without development consent),

(b) extractive industry in any part of a waterway, an estuary in the coastal zone or coastal waters of the State that is not in an environmental conservation zone.

(4) Co-location of industry If extractive industry is being carried out with development consent on any land, development for any of the following purposes may also be carried out with development consent on that land--

(a) the processing of extractive material,

(b) the processing of construction and demolition waste or of other material that is to be used as a substitute for extractive material,

(c) facilities for the processing or transport of extractive material,

(d) concrete works that produce only pre-mixed concrete or bitumen pre-mix or hot-mix.

(5) This clause is subject to clause 6 and to clause 8K of the Environmental Planning and Assessment Regulation 2000 .

Note : Clause 8K of the Environmental Planning and Assessment Regulation 2000 makes special arrangements for mining operations under a mining lease that was in force on 15 December 2005. The arrangements apply only for a limited transitional period or until the operations are approved under Part 3A of the Act, after which the operations will be subject to the usual development consent or approval requirements (including, for example, in relation to any expansion or intensification, or enlargement of the area, of the operations).