{"id":"nsw:epi-2021-0731","name":"State Environmental Planning Policy (Resources and Energy) 2021","slug":"state-environmental-planning-policy-resources-and-energy-2021","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"731 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181115,"registerId":"nsw-nsw:epi-2021-0731-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Policy","content":"#### 1 Name of Policy\n\n1.1 Name of Policy\n\n> This Policy is [State Environmental Planning Policy (Resources and Energy) 2021](/view/html/inforce/current/epi-2021-0731).","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Preliminary","content":"# Part 2 Preliminary\n\nPart 2.1 Preliminary","sortOrder":4},{"sectionNumber":"2","sectionType":"section","heading":"Aims of Chapter","content":"#### 2 Aims of Chapter\n\n2.1 Aims of Chapter\n\n> The aims of this Chapter are, in recognition of the importance to New South Wales of mining, petroleum production and extractive industries—\n> \n> > (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\n> \n> > (b) to facilitate the orderly and economic use and development of land containing mineral, petroleum and extractive material resources, and\n> \n> > (c) to promote the development of significant mineral resources, and\n> \n> > (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\n> \n> > (e) to establish a gateway assessment process for certain mining and petroleum (oil and gas) development—\n> > \n> > > (i) to recognise the importance of agricultural resources, and\n> > \n> > > (ii) to ensure protection of strategic agricultural land and water resources, and\n> > \n> > > (iii) to ensure a balanced use of land by potentially competing industries, and\n> > \n> > > (iv) to provide for the sustainable growth of mining, petroleum and agricultural industries.","sortOrder":5},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":31},{"sectionNumber":"Division 2","sectionType":"division","heading":"Development applications","content":"## Division 2 Development applications\n\nDivision 2 Development applications\n\nNote—\n\nClause 50A of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the [Strategic Agricultural Land Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021)) must be accompanied by—\n\n> (a) a gateway certificate, or\n\n> (b) a site verification certificate that certifies that the land on which the proposed development is to be carried out is not biophysical strategic agricultural land.","sortOrder":33},{"sectionNumber":"Division 3","sectionType":"division","heading":"Site verification certificates","content":"## Division 3 Site verification certificates\n\nDivision 3 Site verification certificates\n\nNote—\n\nClause 50A of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the [Strategic Agricultural Land Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021)) must be accompanied by—\n\n> (a) a gateway certificate, or\n\n> (b) a site verification certificate that certifies that the land on which the proposed development is to be carried out is not biophysical strategic agricultural land.","sortOrder":35},{"sectionNumber":"Division 4","sectionType":"division","heading":"Gateway certificates","content":"## Division 4 Gateway certificates\n\nDivision 4 Gateway certificates\n\nNote—\n\nClause 50A of the [Environmental Planning and Assessment Regulation 2000](/view/html/repealed/current/sl-2000-0557) requires that a development application for consent to mining or petroleum development on certain identified land (including land shown on the [Strategic Agricultural Land Map](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021)) must be accompanied by—\n\n> (a) a gateway certificate, or\n\n> (b) a site verification certificate that certifies that the land on which the proposed development is to be carried out is not biophysical strategic agricultural land.","sortOrder":39},{"sectionNumber":"Division 5","sectionType":"division","heading":"Gateway Panel","content":"## Division 5 Gateway Panel\n\nDivision 5 Gateway Panel","sortOrder":48},{"sectionNumber":"3","sectionType":"section","heading":"Aims, objectives etc","content":"#### 3 Aims, objectives etc\n\n3.1 Aims, objectives etc\n\n> This Chapter aims—\n> \n> > (a) to facilitate the development of extractive resources in proximity to the population of the Sydney Metropolitan Area by identifying land which contains extractive material of regional significance, and\n> \n> > (b) to permit, with the consent of the council, development for the purpose of extractive industries on land described in Schedule 3 or 4, and\n> \n> > (c) to ensure consideration is given to the impact of encroaching development on the ability of extractive industries to realise their full potential, and\n> \n> > (d) to promote the carrying out of development for the purpose of extractive industries in an environmentally acceptable manner, and\n> \n> > (e) to prohibit development for the purpose of extractive industry on the land described in Schedule 5 in the Macdonald, Colo, Hawkesbury and Nepean Rivers, being land which is environmentally sensitive.","sortOrder":63},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Prohibited development","content":"# Schedule 1 Prohibited development\n\nSchedule 1 Prohibited development\n\n(Section 2.11)\n\nOpen cut mining within the local government area of Lake Macquarie City, except in areas identified on the map marked “[State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 1—Lake Macquarie City](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021)” (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department) as areas in which open cut mining is permissible, whether with or without development consent.\n\nExtractive industries within the area identified on the map marked “[State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 2—Gosford City](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021)” (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department).\n\nOpen cut mining within the area identified on the map marked “[State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 3—Upper Hunter Shire](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021)” (being a map that is approved and signed by the Minister and copies of which are deposited in the head office of the Department).\n\nOpen cut mining within the area identified as “land where open-cut mining is prohibited” on the map named [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 4—Jerrys Plains](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021).\n\nOpen cut mining within the area identified as “Land where open-cut mining is prohibited” on the map named [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 5—Bulga](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021).\n\nOpen cut mining within the area identified as “Land where open-cut mining is prohibited” on the map named [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 6—Rocky Hill](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021).\n\nMining of coal within the area identified as “Land where coal mining is prohibited” on the map named [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 7—Benelabri](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021).\n\nMining of coal within the area identified as “Land where coal mining is prohibited” on the map named [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 8—Doyles Creek](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021).\n\nMining of coal within the area identified as “Land where coal mining is prohibited” on the map named [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 9—Watermark](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021).\n\nMining of coal within the area identified as “Land where coal mining is prohibited” on the map named [State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 10—Caroona](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021).\n\nPetroleum exploration, petroleum production and petroleum related works on land within the following local government areas—\n\n> (a) Coonamble,\n\n> (b) Dubbo Regional,\n\n> (c) Gilgandra,\n\n> (d) Gwydir,\n\n> (e) Mid-Western Regional,\n\n> (f) Muswellbrook,\n\n> (g) Narromine,\n\n> (h) Tamworth Regional,\n\n> (i) Upper Hunter,\n\n> (j) Walgett,\n\n> (k) Warren.\n\nPetroleum exploration, petroleum production and petroleum related works within the following local government areas, excluding land identified as “Land where petroleum exploration, petroleum production and petroleum related works are not prohibited” on the map marked “[State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007—Map 11—New England North West Region](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021)”—\n\n> (a) Gunnedah,\n\n> (b) Liverpool Plains,\n\n> (c) Moree Plains,\n\n> (d) Narrabri,\n\n> (e) Warrumbungle.\n\nOpen cut mining within the area identified as “Land where open-cut mining is prohibited” on the map named [State Environmental Planning Policy (Resources and Energy) 2021—Chapter 2—Map 12—Dartbrook](https://www.planningportal.nsw.gov.au/publications/environmental-planning-instruments/state-environmental-planning-policy-resources-and-energy-2021).\n\nExtractive industries on the bank or bed, and on land within 40m measured horizontally from the top of the bank, of the following rivers—\n\n> (a) the Macdonald River from its confluence with the Hawkesbury River and for its entire length within the City of Hawkesbury,\n\n> (b) the Colo River from its confluence with the Hawkesbury River and for its entire length within the City of Hawkesbury.\n\nExtractive industries on the bank or bed, and on land within 10m measured horizontally from the top of the bank, of the Hawkesbury-Nepean River downstream of the Wallacia Bridge, other than—\n\n> (a) land identified in Schedule 3, Division 5, and\n\n> (b) land to which [State Environmental Planning Policy (Precincts—Western Parkland City) 2021](/view/html/inforce/current/epi-2021-0728), Chapter 5 applies.\n\n**sch 1:** Am 2022 (629), Sch 3.18\\[2\\]; 2022 (649), sec 4.","sortOrder":78},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Areas where local council has requested coal seam gas development not be prohibited","content":"# Schedule 2 Areas where local council has requested coal seam gas development not be prohibited\n\nSchedule 2 Areas where local council has requested coal seam gas development not be prohibited\n\n(Section 2.12(2))\n\nNote—\n\nWhen Chapter 2 was made this Schedule was blank.","sortOrder":79},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3\n\n(Sections 3.1, 3.6, 3.7, 13, 3.10, 3.11, 3.12, 3.13)","sortOrder":80},{"sectionNumber":"4","sectionType":"section","heading":null,"content":"#### 4\n\n4\n\nLot 2, DP 733115, Greendale Road, Bringelly. Boral Bricks, Bringelly.","sortOrder":85},{"sectionNumber":"5","sectionType":"section","heading":null,"content":"#### 5\n\n5\n\nLots 4–8 and 10–14, DP 236527; Lots 1–2, DP 533788 and Part Lot 25 (Section 5), DP 2954, Cecil Road, Cecil Park. PGH Brickworks, Cecil Park.","sortOrder":86},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6\n\nLot 1, DP 106143 Cnr. Old Wallgrove Road and Burley Road, Horsley Park. PGH, Horsley Park.","sortOrder":87},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7\n\nLots 3 and 4, DP 235478; Lot 1, DP 206617; Lot E, DP 384514 Wallgrove Road, Horsley Park. Austral Plants 1 and 2, Horsley Park.","sortOrder":88},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8\n\nLot 2, DP 120673, Old Wallgrove Road, Horsley Park. Land in Conveyance Book 2842 No 807, excluding Lot 1, DP 579002, Old Wallgrove Road, Horsley Park, being Part Portion 32 and Part Portion 45, Parish of Melville, County of Cumberland. Austral Plant 3, Horsley Park.","sortOrder":89},{"sectionNumber":"9","sectionType":"section","heading":null,"content":"#### 9\n\n9\n\nLots 1–4, DP 233539; Lot 4, DP 229769, Wallgrove Road, Eastern Creek. Austral Brick Pit, Eastern Creek.","sortOrder":90},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10\n\nLot 3, DP 232574, Townson Road, Schofields. PGH Schofields.","sortOrder":91},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11\n\nLots 58, 59, 62, 66 and 69, DP 1358, Burfitt Road, Riverstone. Abax, Riverstone.","sortOrder":92},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12\n\nLot 4, DP 521268, Patons Lane, Erskine Park. Erskine Quarries, Erskine Park.","sortOrder":93},{"sectionNumber":"13","sectionType":"section","heading":null,"content":"#### 13\n\n13\n\nLots 17–23, DP 2566, Clifton Avenue, Kemps Creek. Khari and Ghossayn, Kemps Creek.","sortOrder":94},{"sectionNumber":"14","sectionType":"section","heading":null,"content":"#### 14\n\n14\n\nLots 1–3, DP 221313 and Lot 1, DP 716403, Elizabeth Drive, Kemps Creek. Nolans Quarrying and Mining, Kemps Creek.","sortOrder":95},{"sectionNumber":"15","sectionType":"section","heading":null,"content":"#### 15\n\n15\n\nLot 740, DP 810111; Lot 1, DP 542395, Elizabeth Drive, Badgerys Creek. Pacific Waste Management, Badgerys Creek.","sortOrder":96},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16\n\nLot 9A, DP 561214, Elizabeth Drive, Kemps Creek. Brandown, Kemps Creek.","sortOrder":97},{"sectionNumber":"17","sectionType":"section","heading":null,"content":"#### 17\n\n17\n\nLand covered by Mining Lease 554 and Special Lease 84/7, Wyee. Boral, Wyee.","sortOrder":98},{"sectionNumber":"19","sectionType":"section","heading":null,"content":"#### 19\n\n19\n\nLot 3, DP 623799, Adams Road, Luddenham. Ferndale Resources, Luddenham.","sortOrder":99},{"sectionNumber":"20","sectionType":"section","heading":null,"content":"#### 20\n\n20\n\nThe land covered by Mining Lease 6030; Mining Lease 6031; Mining Lease 6032 (clay) Sydney Mining Division. Monier Clay Pits, Londonderry.","sortOrder":100},{"sectionNumber":"21","sectionType":"section","heading":null,"content":"#### 21\n\n21\n\nThe land covered by Mining Lease 6024 (clay), Sydney Mining Division. Camide Clay Pits, Londonderry.","sortOrder":101},{"sectionNumber":"22","sectionType":"section","heading":null,"content":"#### 22\n\n22\n\nThe land identified on Sheet 1 of the map as Mulgoa clay/shale.","sortOrder":102},{"sectionNumber":"Division 6","sectionType":"division","heading":"Hard rock quarries of regional significance","content":"## Division 6 Hard rock quarries of regional significance\n\nDivision 6 Hard rock quarries of regional significance","sortOrder":119},{"sectionNumber":"Division 7","sectionType":"division","heading":"Hard rock deposits of regional significance","content":"## Division 7 Hard rock deposits of regional significance\n\nDivision 7 Hard rock deposits of regional significance","sortOrder":126},{"sectionNumber":"Division 8","sectionType":"division","heading":"Crushed sandstone quarries of regional significance","content":"## Division 8 Crushed sandstone quarries of regional significance\n\nDivision 8 Crushed sandstone quarries of regional significance","sortOrder":128},{"sectionNumber":"Division 9","sectionType":"division","heading":"Dimensional sandstone quarries of regional significance","content":"## Division 9 Dimensional sandstone quarries of regional significance\n\nDivision 9 Dimensional sandstone quarries of regional significance","sortOrder":137},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4\n\n(Sections 3.1, 3.6, 3.7, 3.9, 13, 3.13)","sortOrder":147},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedule 5\n\n(Sections 3.1, 3.15)","sortOrder":149},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":null,"content":"# Schedule 6\n\nSchedule 6\n\n(Sections 3.2, 3.4, 3.6)\n\n| Baulkham Hills | Hornsby |\n| Blacktown | Liverpool |\n| Camden | Parramatta |\n| Campbelltown | Penrith |\n| Fairfield | Sutherland Shire |\n| Gosford | Warringah |\n| Hawkesbury | Wollondilly |\n| Holroyd | Wyong |","sortOrder":153},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":null,"content":"# Schedule 7\n\nSchedule 7\n\n(Sections 3.4, 3.8, 12, 3.13)","sortOrder":154},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":null,"content":"# Schedule 8\n\nSchedule 8 (Repealed)\n\n**sch 8:** Rep 2021 (731), Sch 8.","sortOrder":157}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the policy appears to remain focused on its original stated purpose of regulating planning decisions for resources and energy projects in NSW. The multiple amendments since 2021 likely reflect refinements and updates rather than fundamental changes in scope, though the absence of substantive text prevents definitive confirmation."},"complexity_factors":["Operates as a State Environmental Planning Policy (SEPP), which interacts with and can override local environmental plans and other SEPPs — requiring understanding of a layered planning framework","Covers a wide and technically diverse range of industries (mining, petroleum, renewable energy, transmission infrastructure) each with distinct regulatory requirements","Intersects with multiple other pieces of legislation including the Environmental Planning and Assessment Act 1979, Mining Act 1992, and Petroleum (Onshore) Act 1991","Has been amended multiple times since commencement (6 versions in under 3 years), meaning professionals must track which version applied at any given time","Resource and energy projects typically involve complex environmental impact assessment (EIA) processes with specialist technical requirements","Only metadata and status information was available in the provided text — the substantive provisions were not included, making full analysis impossible and suggesting the full document is considerably lengthy and detailed","Significant discretionary powers likely vested in the Minister and planning authorities, creating uncertainty for applicants and affected parties"],"plain_english_summary":"This NSW State Environmental Planning Policy sets the planning rules and assessment processes for resources and energy projects — mines, gas, renewables, and related infrastructure — determining what approvals are needed, what environmental impacts must be assessed, and what conditions apply.  \n\nIt affects mining and energy developers, landowners and nearby communities, local councils (whose controls can be overridden), and planning authorities deciding approvals. It consolidates and updates earlier resource-and-energy planning rules, shaping whether projects proceed and under what conditions."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with predecessor instruments the Policy consolidates resource planning statewide and adds new procedural and substantive controls: explicit gateway/site‑verification processes (ss 2.26–2.36, 2.29–2.36), mapped exclusion zones and schedules (s 2.7; schs 1–5), and binding non‑discretionary environmental standards (s 2.16). It also carries over and amends transitional arrangements for existing approvals (ss 2.47–2.49) and repeals earlier regional SEPPs (s 3.3(2)), so scope has shifted from mainly permissibility to a more structured, process‑driven regulatory framework."},"complexity_factors":["Extensive definitions and cross‑references to multiple other Acts, policies and technical documents (eg. Environmental Planning and Assessment Act 1979; Aquifer Interference Policy; Noise Policy for Industry) (see s 1.3, s 2.16).","Multiple decision pathways and status categories (exempt, complying, development with consent, prohibited, designated development) with distinct eligibility tests and operational limits (see ss 2.8–2.15, sch 1).","Spatially specific rules implemented by maps and large schedules identifying sites, exclusion zones and special areas (see ss 2.7, schedules 1–7).","New procedural gatekeeping: site verification certificates administered by the Planning Secretary and gateway certificates determined by a Gateway Panel with strict timelines and referral obligations (see ss 2.26–2.36, 2.29–2.36).","Mandatory quantitative non‑discretionary standards for mining impacts (noise, PM2.5/PM10, airblast, ground vibration, aquifer interference) that constrain consent authority discretion if complied with (see s 2.16).","Referral and expert input requirements (IES Committee and Minister for Regional Water) create multi‑agency review and time limits, adding procedural complexity (see s 2.30).","Transitional and savings provisions and explicit repeal/continuation of earlier instruments increase interpretive complexity for existing approvals and applications (see ss 1.4, 2.47–2.49, 3.3).","Consent authority arrangements vary by context (local council or Minister for parts of Western Division) and some local plan provisions are sidelined or rendered inoperative where inconsistent (see ss 2.3, 2.6, 2.10).","Technical compliance and ongoing obligations (rehabilitation plans, resource recovery optimisation, transport controls) impose operational and monitoring burdens on proponents and conditions on consents (see ss 2.21–2.23, 2.22).","Discretion remains in many areas (eg. imposing conditions, assessing compatibility and public benefit), requiring case‑by‑case evaluation despite some hard limits (see ss 2.16(1)–(2), 2.17–2.19)."],"plain_english_summary":"This State Environmental Planning Policy sets the rules for mining, petroleum and extractive industries across New South Wales: what is permitted, what is exempt or complying, and what is prohibited. It creates procedural gateways (site‑verification and gateway certificates), non‑discretionary environmental standards (noise, air, aquifer limits) and maps/schedules that locate restricted or significant resource land. It affects landowners, developers, local councils, the Planning Secretary and the Mining and Petroleum Gateway Panel because it determines who decides approvals, what conditions apply and the compliance steps required."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":2038},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"This 2021 Policy consolidates and re-enacts the previous State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 and Sydney Regional Environmental Plan No 9—Extractive Industry. While the document is lengthy, its scope reflects a codification of existing resource planning controls rather than a significant expansion beyond the original intent of those predecessor instruments."},"complexity_factors":["Multiple operative Chapters (Chapter 2 for statewide resources; Chapter 3 for Sydney Region extractive industry) with different aims and consent authorities","47 defined terms in section 2.2 alone, plus incorporation of definitions from the Standard Instrument (Local Environmental Plans) and other Acts","Extensive cross-referencing to at least 15 other statutes (e.g., Mining Act 1992, Petroleum (Onshore) Act 1991, Environmental Planning and Assessment Act 1979)","Complex conditional logic for exempt and complying development with nested geographical and operational exceptions (e.g., exempt development permitted only if 'minimal environmental impact', on 'approved' sites, and meeting specific setbacks/standards)","Multi-layered Gateway assessment process involving referrals to the Independent Expert Scientific Committee (IES Committee) and Minister for Regional Water, with strict statutory timeframes (60/70/90-day windows)","Geographic complexity requiring reference to multiple digital and paper maps (Strategic Agricultural Land Map, Additional Rural Village Land Map, Schedule land parcels) that are updated separately from the text","Savings and transitional provisions (sections 2.47–2.49) that interact with repealed legislation (Part 3A projects) and grandfather existing approvals","Specific prohibited areas listed in Schedule 1 referencing 12 separate maps by name"],"plain_english_summary":"This NSW planning policy (the **Resources and Energy SEPP**) controls where and how mining, oil and gas extraction, and quarrying can happen across the state.\n\n**Who it affects**\n- Mining and gas companies seeking to dig or drill\n- Farmers and landowners on **strategic agricultural land**\n- Local councils assessing development applications\n- Residents near mines, quarries or gas fields\n\n**What it does**\n- **Permission rules**: Sets out what resource activities need council or government approval (development consent), what is banned outright (such as open-cut mining in specific areas listed in Schedule 1), and what minor works can proceed without approval (exempt development like safety equipment or small sheds).\n- **Protection for farmland**: Establishes a **Gateway Panel** process. Before large mining or petroleum projects can apply for consent on high-value agricultural land (\"biophysical strategic agricultural land\" or \"critical industry cluster land\"), they must obtain a **gateway certificate** proving the project won't significantly damage the land's productivity or water resources.\n- **Coal Seam Gas (CSG) bans**: Prohibits CSG exploration and production in residential zones, future housing growth areas, rural villages, and within a 2-kilometre buffer of these areas (section 2.12). Local councils can request exemptions for specific land.\n- **Sydney-specific rules (Chapter 3)**: Identifies specific sand, clay and rock quarries in the Sydney region that are vital for construction, while banning extractive industry in sensitive river zones (Macdonald, Colo, Hawkesbury and Nepean Rivers).\n- **Environmental safeguards**: Requires consent authorities to consider impacts on water (groundwater and surface water), threatened species, greenhouse gas emissions, noise, dust and land rehabilitation before approving projects.\n\n**Why it matters**\nThe policy attempts to balance the economic benefits of extracting coal, gas and construction materials against the need to protect prime farmland, water supplies, and residential areas from incompatible industrial activity."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/state-environmental-planning-policy-resources-and-energy-2021","history":"/api/acts/state-environmental-planning-policy-resources-and-energy-2021/history","analysis":"/api/acts/state-environmental-planning-policy-resources-and-energy-2021/analysis","conflicts":"/api/acts/state-environmental-planning-policy-resources-and-energy-2021/conflicts","importantCases":"/api/acts/state-environmental-planning-policy-resources-and-energy-2021/important-cases","documents":"/api/acts/state-environmental-planning-policy-resources-and-energy-2021/documents"}}