FROM the NSW Department of Planning

This is a Circular from the NSW Department of Planning. In Feb 2007, the then Minister Frank Sartor declared open cut mining illegal in the Lake Macquarie Area.

Auger mining is open cut mining..........

State Environmental Planning Policy
(Mining, Petroleum Production and
Extractive Industries) 2007
This circular is to advise mining, petroleum production and extractive industries, councils,
developers and the community of the gazettal of a policy to regulate mining, petroleum
production and extractive industries in NSW.
Introduction
On Friday 16 February 2007, the State
Environmental Planning Policy (Mining, Petroleum
Production and Extractive Industries) 2007 was
gazetted. The SEPP consolidates and updates
many existing planning provisions related to
mining, petroleum production and extractive
industries as well as introducing new provisions to
ensure that potential environmental and social
impacts are adequately addressed during the
assessment and determination of development
proposals.
The SEPP complements reforms made in August
2005 to improve the relationship between the
Mining Act 1992 and the Environmental Planning
and Assessment Act 1979 (EP&A Act) in the
assessment and approval of mines. These
amendments revoked the provisions that allowed
mines to expand without the need for a
transparent assessment of their impacts or
consent under the EP&A Act once a mining lease
had been granted.
The Department of Planning has been developing
initiatives for improved practices and performance
of the mining, petroleum production and extractive
industries to avoid, minimise or manage impacts
on communities and the environment. Along with
the SEPP, it is intended that these and other
initiatives will lead to improved environmental
performance and increased community
participation throughout the development
assessment and approval process.
The SEPP has been developed in consultation
with relevant NSW agencies, the Local
Government and Shires Associations, Association
of Mine Related Councils, environmental groups
and industry representatives.
Application and aims of the SEPP
The SEPP applies State-wide. The SEPP aims to
provide for the proper management and
development of mining, petroleum production and
extractive material resources; to facilitate the
orderly use and development of areas where the
resources are located; and, to establish
appropriate planning controls to encourage
sustainable management of these resources.
Land-use compatibility
An assessment of land-use compatibility is now
required as part of an application for a new mine,
quarry or petroleum production facility. In addition,
a land-use compatibility assessment will also be
required for any proposed development adjacent
to an existing mine, quarry or petroleum
production facility or development on land
identified as containing minerals, extractive
materials or petroleum resources.Natural resource and environmental
management
The SEPP highlights some key natural resource
and environmental management issues that must
be addressed when assessing new mining,
petroleum production and extractive industries
proposals, including:
�� impacts on significant water resources,
including surface and groundwater resources
�� impacts on biodiversity including threatened
species
�� greenhouse gas emissions (including
downstream emissions) having regard to any
applicable State or national policies, programs
or guidelines concerning greenhouse gas
emissions.
Efficient resource recovery
The SEPP requires that the efficiency of resource
recovery must be considered when assessing a
development application for a mine, quarry or
petroleum production facility, to ensure that:
�� important primary resources are not wasted
through poor operational practices
�� reuse and recycling of materials are promoted
�� the creation of waste from the extraction and
processing of materials is minimised.
Managing transport impacts
Existing State Environmental Planning Policy No.
11 – Traffic Generating Developments provisions
have been integrated into the new SEPP. In
addition, the new SEPP aims to:
�� promote the use of rail or conveyor transport
as an alternative to transporting material by
road
�� limit or prevent truck movements along roads
in residential areas or near schools
�� require the preparation and implementation of
a code of conduct for truck drivers
transporting materials on public roads to
improve road safety outcomes.
Site rehabilitation
Rehabilitation strategies will be required upfront
for all mines, quarries and petroleum production
sites as part of the development approval process.
Consolidating, updating and
clarifying permissibility provisions
The SEPP provides a clear direction for the
assessment of mining, petroleum production and
extractive industry proposals. It cuts red tape by
combining a number of existing policies (SEPP
No. 37 – Continued Mining and Extractive
Industries, SEPP No. 45 – Mining Permissibility)
into one consistent set of rules.
The new policy includes provisions for:
�� prohibited development
�� permissible development
�� complying development
�� exempt development.
The SEPP provides for the prohibiting of specified
mining, petroleum and extractive industry
development. The SEPP allows the Government
to override existing or proposed mining leases and
any other environmental planning instruments to
prohibit new mines in specified areas.

Schedule 1
lists as prohibited open cut mining within the Lake
Macquarie local government area.

Despite the
provisions of any other environmental planning
instrument, development listed in Schedule 1 of
the SEPP cannot be carried out with or without
development consent.
Transitional arrangements
The SEPP does not apply to or with respect to an
application for development consent under Part 4
or an approval under Part 3A of the EP&A Act that
has been made but not finally determined before
16 February 2007.
Further information
A copy of State Environmental Planning Policy
(Mining, Petroleum Production and Extractive
Industries) 2007 is available from the
Parliamentary Counsel Office’s website at
www.legislation.nsw.gov.au.
Note: This and other Department of Planning
circulars are published on the web at
www.planning.nsw.gov.au/planningsystem/practic
enotes.
Authorised by:
Sam Haddad
Director General
Important note
This circular does not constitute legal advice. The information
is provided as a basic summary only. Users are advised to
seek professional advice and refer to the relevant legislation,
as necessary, before taking action in relation to any matters
covered by this circular.

© State of New South Wales through the Department of Planning
www.planning.nsw.gov.au

Disclaimer: While every reasonable effort has been made to ensure that this
document is correct at the time of publication, the State of New South Wales,
its agencies and employees, disclaim any and all liability to any person in
respect of anything or the consequences of anything done or omitted to be
done in reliance upon the whole or any part of this document.
The assessment will be used to determine the
potential for land-use conflict and land-use
constraint in respect to adjacent land uses.