New South Wales Consolidated RegulationsWhere application is made in accordance with the provisions of this Ordinance by the owner or lessee of a mine for permission for the erection upon the mine of any building required in connection with the mining, working, treatment or disposal of minerals, or for the alteration or extension of any such building, the interim development authority shall not be entitled to refuse permission, and shall not be entitled to impose conditions upon the grant thereof, unless it is satisfied that it is expedient so to do on the ground:
(a) that the design or external appearance of the building as proposed to be erected, altered or extended, would seriously injure the amenities of the neighbourhood, and is reasonably capable of modification, or
(b) that the proposed building or extension ought to be, and can reasonably be, situated elsewhere upon such mine,or unless the mine is comprised in a locality in respect of which a direction under clause 5 of this Ordinance is in force with respect to development of any description specified in clause 7 of Schedule 1 to this Ordinance.