New South Wales Consolidated Regulations

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 - REG 119A

119A Special provisions relating to applications under section 4.55(2) relating to strategic agricultural land

(1) This clause applies to an application to modify a development consent under section 4.55(2) of the Act that relates to mining or petroleum development (within the meaning of Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 ) on the following land--

(a) land shown on the Strategic Agricultural Land Map,

(b) any other land that is the subject of a site verification certificate.

(2) An application to which this clause applies must be accompanied by--

(a) in relation to land shown on the Strategic Agricultural Land Map as critical industry cluster land--a current gateway certificate in respect of the proposed development to be carried out under the modified consent, or

(b) in relation to any other land--

(i) a current gateway certificate in respect of the proposed development to be carried out under the modified consent, or

(ii) a site verification certificate that certifies that the land concerned is not biophysical strategic agricultural land.

(3) For the avoidance of doubt, Part 4AA of State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (other than Divisions 2 and 5) applies (with all necessary changes) to an application to which this clause applies as if it were an application for development consent.

(4) For the avoidance of doubt, a site verification certificate or a gateway certificate for the purposes of this clause may be issued with respect to the part of land or the part of the proposed development to which the modification relates (rather than the whole of the land or the whole development to which the consent relates).

(5) This clause does not apply to or with respect to an application under section 4.55(2) of the Act that was made, but not determined, on or before 10 September 2012.

(5A) In addition to subclause (5), this clause does not apply to or with respect to an application under section 4.55(2) of the Act if--

(a) the land to which the application relates was not shown (whether in whole or in part) on the Strategic Agricultural Land Map before 28 January 2014, and

(b) the application was made, but not determined, on or before 3 October 2013.

(5B) However, the Minister or the Planning Secretary, in dealing with an application referred to in subclause (5) or (5A), may seek the advice of the Gateway Panel.

(6) In this clause,
"biophysical strategic agricultural land" ,
"critical industry cluster land" and
"Strategic Agricultural Land Map" have the same meanings as they have in State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 .