State Environmental Planning Policy (Resources and Energy) 2021 (2021-731) (NSW)

State Environmental Planning Policy (Resources and Energy) 2021

Chapter 1 Preliminary

1.1 Name of Policy This Policy is State Environmental Planning Policy (Resources and Energy) 2021.

1.2 Commencement This Policy commences on 1 March 2022 and is required to be published on the NSW legislation website.

1.3 Definitions In this Policy— the Act means the Environmental Planning and Assessment Act 1979.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Policy.

1.4 Transferred provisions The Interpretation Act 1987, section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule.

Note— The Interpretation Act 1987, section 30A provides— (a) the transfer of a provision does not affect the operation or meaning of the provision, and (b) a transferred provision is to be construed as if it had not been transferred.

Chapter 2 Mining, petroleum production and extractive industries

Part 2.1 Preliminary

2.1 Aims of Chapter The aims of this Chapter are, in recognition of the importance to New South Wales of mining, petroleum production and extractive industries— (a) to provide for the proper management and development of mineral, petroleum and extractive material resources for the purpose of promoting the social and economic welfare of the State, and (b) to facilitate the orderly and economic use and development of land containing mineral, petroleum and extractive material resources, and (c) to promote the development of significant mineral resources, and (d) to establish appropriate planning controls to encourage ecologically sustainable development through the environmental assessment, and sustainable management, of development of mineral, petroleum and extractive material resources, and (e) to establish a gateway assessment process for certain mining and petroleum (oil and gas) development— (i) to recognise the importance of agricultural resources, and (ii) to ensure protection of strategic agricultural land and water resources, and (iii) to ensure a balanced use of land by potentially competing industries, and (iv) to provide for the sustainable growth of mining, petroleum and agricultural industries.