22Approvals for development within mine subsidence districts

#### 22 Approvals for development within mine subsidence districts 22 Approvals for development within mine subsidence districts > > (1) An application for approval to alter or erect improvements, or to subdivide land, within a mine subsidence district is to be made in a form approved by the Chief Executive. > > > (2) The Chief Executive may require any applicant for approval under this section to provide such particulars as the Chief Executive may specify in a notice sent to the applicant. > > > (3) The Chief Executive may grant an approval under this section either subject to conditions or unconditionally or may refuse to grant the approval. > > > > Note. > > > > Such conditions may include conditions relating to the class or nature of improvements, the height, weight, type of material, number of storeys and method of construction of any improvements within the district. Such conditions may vary according to the location, class or nature of such improvements. > > > (3A) Without limiting subsection (3), the Chief Executive may refuse to grant the approval if the Chief Executive is satisfied the land to which the application relates may subside as a result of the historical or future extraction of coal undertaken in the mine subsidence district. > > > (4) Any approval given under this section ceases to have effect if the erection, alteration or subdivision concerned is not commenced within the period specified in the approval (being a period of at least 2 years, but not more than 5 years, commencing on the date of the approval). > > > (5) However, the Chief Executive may, if the Chief Executive thinks fit, grant an extension or renewal of an approval given under this section. > > > (6) For the purposes of subsection (4), the alteration or erection of improvements on land or the subdivision (involving physical work) of land is commenced when building, engineering or construction work relating to that alteration, erection or subdivision is physically commenced on the land. > > > (7) Without limiting the generality of subsection (3), the Chief Executive may refuse to grant an approval that relates to— > > > > > (a) the alteration or erection of improvements over land, or > > > > > (b) the subdivision of land, > > > > being land that, in the opinion of the Chief Executive, may subside if the coal in the land were extracted by underground methods. > > > (8) Nothing in this section affects the provisions of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) relating to the subdivision of land. > > > (9) If the approval of any person under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) is required for the erection or alteration of an improvement within a mine subsidence district or for the subdivision of any land in a mine subsidence district, the Chief Executive may refuse an application for approval of the erection, alteration or subdivision if the applicant for the approval has not produced to the Chief Executive the approval of that person to the erection, alteration or subdivision. > > **s 22:** Am 2024 No 48, Sch 1\[29\].