New South Wales Consolidated Acts

MINING ACT 1992 - SECT 65

65 Development consents under Environmental Planning and Assessment Act 1979

(1) The Minister must not grant a mining lease over land if development consent is required for activities to be carried out under the lease unless an appropriate development consent is in force in respect of the carrying out of those activities on the land.

Note : Section 380AA prevents an application for development consent to mine coal from being made or granted unless the applicant is the holder of an authority that is in force in respect of coal and the land concerned.

(2) Nothing in this Act permits an activity, for which development consent is required, to be carried out without the consent being obtained in accordance with the Environmental Planning and Assessment Act 1979 .

(3) If a mining lease is granted over land for which an appropriate development consent has been given (being a mining lease granted and a development consent given before the commencement of Schedule 7.11 to the Environmental Planning and Assessment Amendment (Infrastructure and Other Planning Reform) Act 2005 )--

(a) any condition (being a special purpose condition within the meaning of Division 2 of Part 2 of Schedule 1, as in force immediately before that commencement) imposed on the development consent by a consent authority, or by a body hearing an appeal from a consent authority, is void, and

(b) the development consent (to the extent only to which it relates to the use of the land concerned for the purpose of obtaining minerals) is taken to have been given free of the condition.

(4) In this section, a reference to granting a mining lease over land includes a reference to imposing a condition on a mining lease relating to the carrying out of an ancillary mining activity on land (whether or not within the mining area of the mining lease).

(5) The Minister may reject an application for a mining lease if the applicant, before the expiration of the period, if any, prescribed by the regulations or a longer period specified by the decision-maker, has failed to provide to the Minister evidence that--

(a) an application for the development consent required by this section has been made, or

(b) the development consent has been granted and is in force.

(6) To avoid doubt--

(a) an application rejected under this section is taken never to have been made, and

(b) the Minister is not required to notify the applicant before the rejection.