New South Wales Bills New South Wales Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Wyong Special Area (Protection) Bill 2016
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to protect certain land at Wyong from mining and mining-related
activities. This is achieved by prohibiting the granting, renewal or modification of licences, leases,
claims and authorities, and the granting of planning approvals, that allow persons to prospect for,
and mine, minerals and petroleum on that land. The land concerned is the site of the Wallarah 2
coal mine project.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Clause 3 defines terms used in the proposed Act. Wyong special area is defined to mean the land
subject to certain exploration licences and an authorisation granted under the Mining Act 1992
(namely, EL6514, EL4911 and A405).
Clause 4 prohibits the grant or renewal of any mining authorisation in relation to land in the
Wyong special area and the making of any changes to the conditions to which such an
authorisation is subject.
Clause 5 prohibits the grant or renewal of any petroleum title in relation to land in the Wyong
special area and the making of any changes to the conditions to which such a title is subject.
b2016-118.d03
Wyong Special Area (Protection) Bill 2016 [NSW]
Explanatory note
Clause 6 provides that a planning approval is not to be given under the Environmental Planning
and Assessment Act 1979 in relation to development for the purposes of prospecting and mining
activities on land in the Wyong special area and cancels any such planning approval already given.
Page 2
Introduced by Mr D R Harris, MP First print
New South Wales
Wyong Special Area (Protection) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Prohibition on grant of mining authorisations relating to Wyong special
area 3
5 Prohibition on grant of petroleum titles relating to Wyong special area 4
6 Restrictions on certain planning approvals relating to Wyong special
area 4
b2016-118.d03
New South Wales
Wyong Special Area (Protection) Bill 2016
No , 2016
A Bill for
An Act to prohibit the granting, renewal or modification of exploration, prospecting and mining
authorities and titles for minerals and petroleum, and certain planning approvals, that relate to land
at Wyong that is the site of the Wallarah 2 coal mine project; and for other purposes.
Wyong Special Area (Protection) Bill 2016 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Wyong Special Area (Protection) Act 2016. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Definitions 6
In this Act: 7
mine means to extract material from land for the purpose of recovering minerals or 8
petroleum from the material so extracted or to rehabilitate land (other than a derelict 9
mine site) from which material has been extracted. 10
mineral means any substance prescribed by the regulations under the Mining Act 11
1992 and includes coal and oil shale, but does not include uranium or petroleum. 12
mining authorisation means any of the following: 13
(a) an exploration licence under the Mining Act 1992 granting the holder the right 14
to prospect for minerals on the land specified in the licence, 15
(b) an assessment lease under that Act granting the holder the right to prospect for 16
minerals on the land specified in the lease, 17
(c) a mining lease under that Act granting the holder the right to prospect on and 18
mine the land specified in the lease, carry out primary treatment operations 19
necessary to separate the mineral or minerals from the material from which 20
they are recovered and carry out any mining purpose on that land, 21
(d) a mineral claim under that Act granting the holder the right to prospect for 22
minerals specified in the claim. 23
petroleum means any of the following: 24
(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid 25
state, 26
(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid 27
or solid state, 28
(c) any naturally occurring mixture of one or more hydrocarbons, whether in a 29
gaseous, liquid or solid state, and one or more of the following: 30
(i) hydrogen sulphide, 31
(ii) nitrogen, 32
(iii) helium, 33
(iv) carbon dioxide, 34
(v) water, 35
(d) any substance referred to in paragraph (a), (b) or (c) that has been returned to 36
a natural reservoir, 37
but does not include coal, oil shale or any other mineral. 38
petroleum mining operations means operations carried out in the course of mining 39
for petroleum. 40
petroleum prospecting operations means operations carried out in the course of 41
prospecting for petroleum. 42
Page 2
Wyong Special Area (Protection) Bill 2016 [NSW]
petroleum title means any of the following: 1
(a) an exploration licence under the Petroleum (Onshore) Act 1991 granting the 2
holder the exclusive right to prospect for petroleum on the land comprised in 3
the licence, 4
(b) an assessment lease under that Act granting the holder the exclusive right to 5
prospect for petroleum and to assess any petroleum deposit on the land 6
comprised in the lease, 7
(c) a production lease under that Act granting the holder the exclusive right to 8
conduct petroleum mining operations in and on the land comprised in the 9
lease, 10
(d) a special prospecting authority under that Act granting the holder the exclusive 11
right to conduct speculative geological, geophysical or geochemical surveys 12
or scientific investigations in relation to petroleum in respect of the land 13
comprised in the authority. 14
planning approval means any of the following: 15
(a) development consent under Part 4 of the Environmental Planning and 16
Assessment Act 1979 (including consent for State significant development), 17
(b) the modification of any such development consent, 18
(c) the modification of an approval given under Part 3A of that Act (as continued 19
in force) to carry out a project, 20
(d) an approval within the meaning of Part 5 of that Act, 21
(e) an approval of State significant infrastructure within the meaning of Part 5.1 22
of that Act, 23
(f) the modification of an approval referred to in paragraph (e). 24
prospecting for minerals means carrying out works on, or removing samples from, 25
land for the purpose of testing the mineral bearing qualities of the land. 26
prospecting for petroleum means carrying out works on, or removing samples from, 27
land for the purpose of testing the quality and quantity of petroleum in the land and 28
the potential to recover petroleum from the land. 29
Wyong special area means land subject to the following current and former mining 30
authorisations: 31
(a) exploration licence number EL6514 renewed on and from 24 October 2011, 32
(b) exploration licence number EL4911 dated October 1995, 33
(c) authorisation number A405 dated 1995. 34
Note. The Interpretation Act 1987 contains definitions and other provisions that affect the 35
interpretation and application of this Act. 36
4 Prohibition on grant of mining authorisations relating to Wyong special area 37
(1) The Minister administering the Mining Act 1992 must not: 38
(a) grant any mining authorisation in relation to land in the Wyong special area, or 39
(b) renew any mining authorisation in relation to land in the Wyong special area, 40
or 41
(c) vary, omit or impose any condition to which a mining authorisation in relation 42
to land in the Wyong special area is subject. 43
(2) To avoid doubt, this section extends to prohibiting the Minister from granting any 44
mining authorisation of a particular type in relation to land to a person who holds a 45
different type of mining authorisation in relation to that land. 46
Page 3
Wyong Special Area (Protection) Bill 2016 [NSW]
5 Prohibition on grant of petroleum titles relating to Wyong special area 1
(1) The Minister administering the Petroleum (Onshore) Act 1991 must not: 2
(a) grant any petroleum title in relation to land in the Wyong special area, or 3
(b) renew any petroleum title in relation to land in the Wyong special area, or 4
(c) vary, omit or impose any condition to which a petroleum title in relation to 5
land in the Wyong special area is subject. 6
(2) To avoid doubt, this section extends to prohibiting the Minister from granting any 7
petroleum title of a particular type in relation to land to a person who holds a different 8
type of petroleum title in relation to that land. 9
6 Restrictions on certain planning approvals relating to Wyong special area 10
(1) Planning approval cannot be given or granted for any of the following purposes: 11
(a) prospecting for any mineral on, over or beneath the surface of land in the 12
Wyong special area, 13
(b) mining for any mineral on, over or beneath the surface of land in the Wyong 14
special area, 15
(c) petroleum prospecting operations on, over or beneath the surface of land in the 16
Wyong special area, 17
(d) petroleum mining operations on, over or beneath the surface of land in the 18
Wyong special area. 19
(2) Any planning approval given or granted for any of the purposes specified in 20
subsection (1) before the commencement of this Act is cancelled. 21
(3) Any planning approval that is given or granted in contravention of this section after 22
the commencement of this Act has no effect. 23
Page 4
[Index] [Search] [Download] [Related Items] [Help]