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ARTICLE · 12 SEPTEMBER 2013

Proposed changes to the NSW Mining Policy

Holding Redlich
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The draft amendments followed soon after a NSW land court decision to reject the proposed expansion of a mining project.

AustraliaEnergy and Natural Resources

On 29 July 2013, the New South Wales Government released draft amendments to the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (Mining SEPP) which proposed to alter the weighting of considerations taken into account in the assessment for development applications for mining purposes in NSW. The proposed changes to the Mining SEPP provide that the economic impact of prospective mining projects are to be the "prinicipal consideration" relative to other factors (such as social and environmental impacts) during assessment.

The proposed changes follow soon after the NSW Land and Environment Court's decision to reject the proposed expansion of a Rio Tinto project in the Hunter Valley area (see commentary on the Bulga case below).

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