Stakeholders have until 21 July to comment on the proposed
Mining SEPP amendment.
The NSW Government has released a draft amendment to its State
mining policy which would remove the requirement to make the
significance of a mineral resource the "principal
consideration" under that policy in the determination of an
application for planning approval for mining.
What is the proposed change?
The proposed amendment would remove clause 12AA of State
Environmental Planning Policy (Mining, Petroleum Production and
Extractive Industries) 2007 (Mining SEPP), which
deals with the significance of the resource in the assessment of
The Environmental Planning and Assessment Act 1979 makes it
clear that economic and social factors as well as environmental
factors must be taken into account in assessing an application for
planning approval, and the removal of clause 12AA will not change
It is also important to keep in mind that the "principal
consideration" requirement in clause 12AA applies only to the
various considerations in Part 3 of the Mining SEPP, and it does
not make the significance of a resource the "principal
consideration" of all considerations under the Act.
Consequently, even if the proposed amendment is made, a consent
authority will need to consider the significance of the resource,
and the economic and social effects of the proposal to extract it,
when assessing a development application for that proposal.
Clayton Utz communications are intended to provide
commentary and general information. They should not be relied upon
as legal advice. Formal legal advice should be sought in particular
transactions or on matters of interest arising from this bulletin.
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