New South Wales Consolidated Regulations

WESTERN DIVISI0N REGIONAL ENVIRONMENTAL PLAN NO 1--EXTRACTIVE INDUSTRIES - REG 11

11 Development consent-Schedule 1 land

(1) This clause applies to the land to which the environmental planning instruments referred to in Schedule 1 apply.

(2) A person shall not carry out development for the purpose of an extractive industry on land to which this clause applies without the consent of the consent authority.

(5) The consent authority must in determining whether consent should be granted take into consideration:

(a) the present use and any potential use of the land to which the application relates, and

(b) the anticipated effect of the development on the capacity of the land to sustain after extraction its present or any other level of agricultural production, and

(c) the environmental impact of the proposed development on the use and management of Crown lands adjoining or in the locality of the proposed development, and

(d) whether an archaeological survey is required for an extractive industry proposed to be carried out on land within 300 metres of a bank of any river or lake.