While the amendment to the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007, or Mining SEPP, notably introduced coal seam gas exclusion zones, it also launched the Mining and Petroleum Gateway Panel.
Staffed by two groundwater experts, two agricultural scientists, an agricultural scientist and underground coal mining engineer Dr Russell Frith, the panel will assess projects before a development application can be lodged through an up to 90-day assessment.
“If the Gateway Panel considers that the proposal meets the relevant criteria in the Mining SEPP, it will issue an unconditional certificate to the applicant,” the state’s Planning Department said.
“If the panel considers that it does not meet some or all of the relevant criteria it will issue a conditional certificate, which may include recommendations such as further studies or modifications to the project.
“The applicant can proceed with a development application in either case but must address the recommendations of the Gateway Panel in the development application.
“The consent authority must also consider the Gateway Panel’s recommendations.”
With the amendment introducing areas of “biophysical strategic agricultural land” and “critical industry clusters” for further environmental protection, the department said any project located on BSAL must also be referred to Primary Industries Minister Katrina Hodgkinson and the Commonwealth Independent Expert Scientific Committee for advice on potential impacts to water resources.
In the case of the Upper Hunter Valley, Hodgkinson said the CIC involved extensive consultation with maps covering 464 viticulture and 297 equine properties.
“When the NSW government released its aquifer interference policy last September, it ensured this state put in place the best groundwater protection framework of any jurisdiction in Australia,” Hodgkinson said.
“Today’s announcement takes the NSW government one step further towards balancing the responsible growth of the mining and resource industries with the needs of primary industries and communities.”
Despite the additional green tape risk to new longwall projects in the identified BSAL and CIC areas, the NSW Farmers Association said the gateway process did not rule that any agricultural land was off limits.
“In addition, it applies post-exploration, meaning that all parties will go through the risk, expense and uncertainty of exploration in areas where mining may be prohibited,” the lobby group said.
“The Gateway Panel has no power to prevent inappropriate projects. In essence, there is no ‘gate’ and no ability for projects to be denied a gateway certificate.”
The NSW Minerals Council said the details announced today would impose significant additional requirements and conditions on many mining project proposals in the state.
“While the NSW mining industry has accepted the need for strategic regional land use plans, we remain concerned about the impact of adding more bureaucratic duplication and delays onto an already rigorous and lengthy planning assessment process,” the lobby group said.
“With the planning system review still ongoing after two-and-a-half years and many other aspects of the assessment process uncertain, there remains a lot more work to do to return much-needed confidence for investors in the NSW mining sector.
“However, now the long-awaited gateway process is in place at least there is some certainty for the industry around this aspect of the assessment process.”
