33Savings and transitional arrangements for coal mining—Upper Hunter Strategic Assessment Agreement

#### 33 Savings and transitional arrangements for coal mining—Upper Hunter Strategic Assessment Agreement 33 Savings and transitional arrangements for coal mining—Upper Hunter Strategic Assessment Agreement > > (1) In this clause— > > > > coal mining means new coal mining operations or expansions of existing coal mining operations in the area to which the Upper Hunter Biodiversity Plan applies. > > > > development includes an activity to which Part 5 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) applies. > > > > Upper Hunter Biodiversity Plan means the biodiversity plan relating to coal mining in the Upper Hunter Valley to which the Upper Hunter Strategic Assessment Agreement relates and that— > > > > > (a) is a policy, plan or program under section 146 of the [Environment Protection and Biodiversity Conservation Act 1999](http://www.legislation.gov.au/) of the Commonwealth which identifies biodiversity values in the strategic assessment area, priorities for conservation and mechanisms to achieve desired conservation outcomes, and > > > > > (b) is endorsed under that Act by the Commonwealth Minister responsible for administering that Act before or within 30 months after the commencement of the new Act. > > > > Upper Hunter Strategic Assessment Agreement means the agreement made on 20 September 2012 between the Commonwealth of Australia and the State of New South Wales in relation to the strategic assessment of a biodiversity plan for coal mining in the Upper Hunter Valley of New South Wales. > > > (2) The Ministers administering the new Act and the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) may, by a joint notice published in the Gazette, approve of biodiversity assessment of a specified development, or class of development, relating to coal mining being undertaken in accordance with the Upper Hunter Biodiversity Plan. > > > (3) Biodiversity assessment of proposed development is undertaken in accordance with the Upper Hunter Biodiversity Plan if— > > > > > (a) that Plan has assessed the impact on biodiversity values of development of the class concerned, and > > > > > (b) the terms and conditions of the planning approval for the proposed development, or for carrying out the proposed development, reflect the measures to avoid or mitigate those impacts, or to offset any residual impacts, that are required by that Plan. > > > (4) If biodiversity assessment of proposed development is undertaken in accordance with the Upper Hunter Biodiversity Plan— > > > > > (a) the proposed development is not likely to significantly affect threatened species for the purposes of Part 7 of the new Act, and > > > > > (b) an assessment of the impact of the proposed development on biodiversity is not required for the purposes of Part 7 of the new Act or the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), and > > > > > (c) a planning approval body or a determining authority is not required to take into consideration the likely impact on biodiversity of the proposed development. > > > (5) This clause does not prevent the biodiversity assessment of proposed development to which this clause applies being undertaken in accordance with Part 7 of the new Act instead of the Upper Hunter Biodiversity Plan. > > > (6) This clause applies whether or not the development concerned is also an approved action under the [Environment Protection and Biodiversity Conservation Act 1999](http://www.legislation.gov.au/) of the Commonwealth. > > Note. > > The above savings and transitional provision was foreshadowed in Schedule 9 to the new Act when the Bill for the new Act was enacted. > > **cl 33:** Am 2019 (42), cl 3.