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This is a Bill, not an Act. For current law, see the Acts databases.
Mining Amendment (Safeguarding
Agricultural Land and Water) Bill 2009
No , 2009
A Bill for
An Act to amend the Mining Act 1992 to make provision for protecting agricultural
land and water from mining.
Clause 1 Mining Amendment (Safeguarding Agricultural Land and Water) Bill 2009
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Mining Amendment (Safeguarding Agricultural Land 3
and Water) Act 2009. 4
2 Commencement 5
This Act commences on the date of assent to this Act. 6
Page 2
Mining Amendment (Safeguarding Agricultural Land and Water) Bill 2009
Amendment of Mining Act 1992 No 29 Schedule 1
Schedule 1 Amendment of Mining Act 1992 No 29 1
Section 11B 2
Insert after section 11A: 3
11B Safeguarding agricultural land and water from mining 4
(1) In this section: 5
aquifer means a geological structure or formation that is 6
permeated with water or is capable of being permeated with 7
water. 8
EPA Act means the Environmental Planning and Assessment 9
Act 1979. 10
planning approval means any of the following: 11
(a) development consent under Part 4 of the EPA Act, 12
(b) approval under Part 3A of the EPA Act to carry out a 13
project to which that Part applies, 14
(c) the modification of any such development consent or 15
approval. 16
prime agricultural land means land identified as Class 1 or 2 17
land in accordance with the document entitled Agricultural Land 18
Classification produced by the Department of Primary Industries 19
and as in force from time to time, and includes any land of a kind 20
prescribed by the regulations, but does not include any land of a 21
kind excluded by the regulations. 22
(2) Words and expressions used in this section that are defined in the 23
EPA Act have the same meaning as in that Act. 24
(3) Restriction on granting authorities 25
Despite any other provision of this Act, an authority cannot be 26
granted over or beneath the surface of any of the following land 27
(referred to in this section as protected land): 28
(a) prime agricultural land, 29
(b) land on which, or within 1 kilometre of which, is situated 30
a river or aquifer that feeds prime agricultural land. 31
(4) Restriction on planning approvals 32
Planning approval cannot be given or granted for the purposes of 33
the carrying out of mining operations over or beneath the surface 34
of protected land. 35
(5) Any planning approval that is given or granted in contravention 36
of subsection (4) has no effect. 37
Page 3
Mining Amendment (Safeguarding Agricultural Land and Water) Bill 2009
Schedule 1 Amendment of Mining Act 1992 No 29
(6) Subsections (4) and (5) have effect despite the provisions of the 1
EPA Act or any environmental planning instrument. 2
(7) Inventory of protected land 3
The Director-General of the Department of Primary Industries is 4
to maintain an inventory of protected land. The inventory must 5
contain maps that enable protected land to be identified and must 6
be made available for public inspection on the Department's 7
website. 8
(8) Disputes in relation to protected land 9
If any dispute arises as to whether or not any particular land is 10
protected land, any party to the dispute may apply to the Land and 11
Environment Court for a determination of the matter (in which 12
case the Court has jurisdiction to hear and determine the matter). 13
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