Australia: Draft changes establishing a gateway process for mining
An international Planning and Environment law update from our member in Melbourne, Australia. Many ADVOC firms have expertise in various aspects of international Planning law and international Environment law. For more information, please visit the Practice Group page or contact email@example.com
On 15 November 2012, the Department of Planning and Infrastructure (the Department) released the following three key documents involved in the implementation of the new Gateway process for mining and coal seam gas proposals:
- Draft Amendment to the State Environmental Planning Policy (Mining and Petroleum Production and Extractive Industries) 2007 (the Mining SEPP);
- Proposed changes to the Environmental Planning and Assessment Act 1979 and Regulations; and
- Draft cost benefit analysis methodology for mining and coal seam gas (exhibited by New South Wales Treasury).
The Department is calling for submissions on these documents from the public and interested stakeholders. Submissions close 14 December 2012.
The proposed changes to the Mining SEPP will enable the SEPP to:
- Identify strategic agricultural land through cadastral maps;
- Make provisions for applications to be made to the Director General of the Department for verification of whether land is 'biophysical' for the purposes of the Mining SEPP;
- Make provisions for publicly available site verification criteria which will outline the criteria and processes for undertaking site verification;
- Make provisions for the Gateway Panel to issue Gateway Certificates (with or without conditions) generally within 3 months of receipt of an application for a gateway certificate;
- Make provisions allowing the Gateway Panel to provide advice to the Minister;
- Make provisions for Site Verification Certificate Applications, Gateway Certificate Applications Site Verification Certificates, and Gateway Certificates to be available on the Department's website;
- Make provisions in relation to certain applications for State significant mining or coal seam gas development; and
- Make savings and transitional arrangements to effect pending applications (including Part 3A projects).
Related changes to the Environmental Planning and Assessment Act 1979 and Regulations are proposed to give effect to the changes in the Mining SEPP outlined above.
NSW Treasury have also released a document outlining cost benefit analysis methodology to be implemented in this development for mining and coals seam gas. The document outlines how to undertake a cost benefit analysis, preferred rates of measure, timeframes, risk allocation and distribution effects.
Please feel free to contact a member of our team for further information and assistance in making a submission.
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