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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Environmental Planning and Assessment
Amendment (Sea Bed Mining and
Exploration) Bill 2024
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979
No 203 3
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2024
New South Wales
Environmental Planning and Assessment
Amendment (Sea Bed Mining and
Exploration) Bill 2024
Act No , 2024
An Act to amend the Environmental Planning and Assessment Act 1979 to prohibit the carrying
out of sea bed petroleum and mineral exploration and recovery and related development; and for
related purposes.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024 [NSW]
The Legislature of New South Wales enacts--
1 Name of Act
This Act is the Environmental Planning and Assessment Amendment (Sea Bed
Mining and Exploration) Act 2024.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
Page 2
Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024 [NSW]
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
Schedule 1 Amendment of Environmental Planning and
Assessment Act 1979 No 203
Schedule 10
Insert after Schedule 9--
Schedule 10 Sea bed petroleum and minerals
development
1 Interpretation
(1) In this schedule--
coastal waters of the State has the same meaning as in the Interpretation Act
1987, section 58.
exploration, for petroleum or a mineral, includes an activity that is directly
related to the exploration for petroleum or the mineral.
mineral has the same meaning as in the Offshore Minerals Act 1999.
petroleum has the same meaning as in the Petroleum (Offshore) Act 1982.
recovery, of petroleum or a mineral, includes an activity that is directly related
to the recovery of petroleum or the mineral.
sea bed includes subsoil beneath the sea bed.
(2) Despite subsection (1), the exploration for, or recovery of, a mineral does not
include the exploration for, or the recovery of, the mineral from the sea bed
that is carried out by means of underground mining from land in the State if
the exploration, or recovery, is carried out in accordance with the Mining Act
1992.
2 Sea bed petroleum and mineral exploration and recovery and related
development prohibited
(1) A person must not carry out--
(a) sea bed petroleum exploration or recovery, or sea bed mineral
exploration or recovery, in the coastal waters of the State, or
(b) other development within the State for the purposes of sea bed
petroleum exploration or recovery or sea bed mineral exploration or
recovery.
Maximum penalty--Tier 1 monetary penalty.
(2) Subsection (1) does not apply to the following--
(a) coastal protection works within the meaning of the Coastal
Management Act 2016,
(b) dredging that does not require an authorisation of a kind referred to in
section 4(1)(a) or (b).
(3) In subsection (1)(b), a reference to sea bed petroleum exploration or recovery,
or sea bed mineral exploration or recovery, is a reference to sea bed petroleum
exploration or recovery, or sea bed mineral exploration or recovery, whether
within the coastal waters of the State or elsewhere.
(4) This section has effect despite any provision of this Act or another law, other
than section 3.
(5) Development prohibited under this schedule is prohibited development for the
purposes of this Act.
Page 3
Environmental Planning and Assessment Amendment (Sea Bed Mining and Exploration) Bill 2024 [NSW]
Schedule 1 Amendment of Environmental Planning and Assessment Act 1979 No 203
3 Exemption regulations
(1) The regulations may exempt the following from the prohibition in section
2(1)--
(a) specified sea bed mineral exploration or recovery,
(b) specified development for the purposes of sea bed mineral exploration
or recovery.
(2) Before recommending the making of a regulation under this section, the
Minister must obtain the concurrence of the Minister administering the
Protection of the Environment Operations Act 1997.
(3) In this section--
mineral does not include coal and oil shale.
4 Grant and renewal of certain related authorisations prohibited
(1) A Minister must not grant or renew an authorisation of the following kind if
the authorisation relates to development prohibited under this schedule--
(a) the following under the Offshore Minerals Act 1999--
(i) a licence,
(ii) a special purpose consent,
(b) the following under the Petroleum (Offshore) Act 1982--
(i) a permit under the Act, Part 4, Division 2 for exploration in the
coastal waters of the State,
(ii) a licence under the Act, Part 4, Division 3 for the recovery of
petroleum from the coastal waters of the State,
(iii) a pipeline licence under the Act, Part 4, Division 4 for the
construction, wholly or partly within the coastal waters of the
State, of a pipeline to be used in connection with the recovery of
petroleum,
(iv) a lease,
(v) an access authority,
(vi) a special prospecting authority.
(2) A reference in subsection (1) to a Minister in relation to an Act means the
Minister within the meaning of the Act.
Page 4
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