ENVIRONMENTAL IMPACT STATEMENT OBERON EARTHMOVING PTY LIMITED Section 3 – Planning and Legislative Context Middle Creek Quarries Report No.930/01 3-1 Section 3 Planning and Legislative Context P REAMBLE This section considers the planning and legislative context within which the Quarry would operate and describes any environmental issues that are raised from these instruments that should be addressed within the EIS. Relevant NSW State environmental planning legislation and local government legislation is included in the review as well as any additional policies and guidelines that are relevant to the Proposal.
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Section 3 – Planning and Legislative Context Middle Creek Quarries
Report No.930/01
3-1
Section 3
Planning and Legislative
Context
PREAMBLE
This section considers the planning and legislative context within which the Quarry would operate and describes any environmental issues that are raised from these instruments that should be addressed within the EIS. Relevant NSW State environmental planning legislation and local government legislation is included in the review as well as any additional policies and guidelines that are relevant to the Proposal.
have been proposed to suitably avoid and minimise impacts upon flora and fauna such that the
proposal would not have a significant impact (see Section 4.7.5).
2 Meaning the receiving of waste, other than hazardous waste, restricted solid waste, liquid waste or special
waste, from off site and its processing, otherwise than for the recovery of energy 3 It is noted that certain waste materials may be accepted by the Applicant for application to the land of the
Project Site following approval of the development consent, under the relevant Resource Recovery Order and
Section 3 – Planning and Legislative Context Middle Creek Quarries
Report No.930/01
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Part 3 of the Mining SEPP sets out a number of matters that a consent authority must consider
when assessing a development application for mining, petroleum production or extractive
industry. Table 3.1 presents a summary of each element requiring consideration and a reference
to the section in this EIS where each element is addressed.
Table 3.1
Application of SEPP (Mining, Petroleum Production and Extractive Industries) 2007 Page 1 of 2
Relevant SEPP Clause Description Section
12: Compatibility with other land uses
Consideration is given to:
the existing uses and approved uses of land in the vicinity of the development;
4.2.5 the potential impact on the preferred land uses (as considered by the
consent authority) in the vicinity of the development; and
any ways in which the development may be incompatible with any of those existing, approved or preferred land uses.
The respective public benefits of the development and the existing, approved or preferred land uses are evaluated and compared.
4.13
Measures proposed to avoid or minimise any incompatibility are considered.
4
12A Voluntary land acquisition and mitigation policy
Before determining an application for consent for State significant development for the purposes of mining, petroleum production or extractive industry, the consent authority must consider any applicable provisions of the voluntary land acquisition and mitigation policy.
Not Applicable (Not SSD)
12AB: Non-discretionary development standards for mining
Consideration is given to development standards that, if complied with, prevents the consent authority from requiring more onerous standards for those matters.
Noted
13: Compatibility with mining, petroleum production or extractive industry
Consideration is given to whether the development is likely to have a significant impact on current or future mining, petroleum production or extractive industry and ways in which the development may be incompatible. 2.1.3,
4.13, 5.2.2 & 5.3.3
Measures taken by the Applicant to avoid or minimise any incompatibility are considered.
The public benefits of the development and any existing or approved mining, petroleum production or extractive industry must be evaluated and compared.
14: Natural resource and environmental management
Consideration is given to ensuring that the development is undertaken in an environmentally responsible manner, including conditions to ensure:
impacts on significant water resources, including surface and groundwater resources, are avoided or minimised;
4.3
impacts on threatened species and biodiversity are avoided or minimised; and
4.7
greenhouse gas emissions are minimised and an assessment of the greenhouse gas emissions (including downstream emissions) of the development is provided.
4.5
consider any certification by the Office of Environment and Heritage or the Director-General of the Department of Primary Industries that measures to mitigate or offset the biodiversity impact of the proposed development will be adequate.
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Table 3.1 (Cont’d)
Application of SEPP (Mining, Petroleum Production and Extractive Industries) 2007 Page 2 of 2
Relevant SEPP Clause Description Section
15: Resource recovery
The efficiency of resource recovery, including the reuse or recycling of material and minimisation of the creation of waste, is considered.
2.1.3, 2.7, 2.9.4
16: Transportation The following transport-related issues are considered.
The transport of some or all of the materials from the Project Site by means other than public road.
2.9
Limitation of the number of truck movements that occur on roads within residential areas or roads near to schools.
2.9
The preparation of a code of conduct for the transportation of materials on public roads.
4.6.3
17: Rehabilitation The rehabilitation of the land affected by the development is considered including:
the preparation of a plan that identifies the proposed end use and landform of the land once rehabilitated;
2.14 and Figure 2.5
the appropriate management of development generated waste; 2.7.1
remediation of any soil contaminated by the development; and 2.14.4.1
the steps to be taken to ensure that the state of the land does not jeopardize public safety, while being rehabilitated or at the completion of rehabilitation.
2.14
State Environmental Planning Policy (Infrastructure) 2007 3.4.3
The aim of the ‘Infrastructure SEPP’ is to facilitate the effective delivery of infrastructure
across NSW.
The Infrastructure SEPP is relevant to the Proposal as it allows development (with consent) for
the purpose of waste or resource management facilities to be carried out on land where the local
environmental planning instrument may not permit this. Specifically, Clause 121 of Division 23
states that:
Development for the purpose of waste or resource management facilities, other than
development referred to in subclause (2), may be carried out by any person with consent
on land in a prescribed zone.
Clause 120 of Division 23 defines the Prescribed Zone as including land zoned RU1 Primary
Production.
State Environmental Planning Policy (Rural Lands) 2008 3.4.4
The aims of the ‘Rural Lands SEPP’ are to facilitate development on rural land that is orderly
and economic, promotes the social, economic and environmental welfare of the State and
avoids land use conflicts with existing agriculture. It also allows government authorities to
identify State significant agricultural land and ensure the ongoing viability of agriculture in the