New South Wales Consolidated Regulations

WINGECARRIBEE LOCAL ENVIRONMENTAL PLAN 1989 - REG 48

48 Development within 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 .

Note: Nothing in this clause affects any requirement under the Mine Subsidence Compensation Act 1961 .

(3) In deciding whether consent should be granted to development on land to which this clause applies, the council must 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.