48Mining in notification areas—requirement for consent authorities to consult with Dams Safety NSW

48 Mining in notification areas—requirement for consent authorities to consult with Dams Safety NSW

48 Mining in notification areas—requirement for consent authorities to consult with Dams Safety NSW

(1) Dams Safety NSW may, by order published in the Gazette, declare an area of land that—

(a) surrounds, or is in the vicinity of, a declared dam, and

(b) is described in the order,

as a notification area for the purposes of this section.

(2) The order under which an area of land is declared as a notification area must identify the area by map.

(3) The map identifying land declared as a notification area must be published on the public website of Dams Safety NSW or, if no such website is available, the public website of the Department. Dams Safety NSW may also arrange for any such map to be published on the NSW planning portal.

(4) A consent authority must, before granting development consent for the carrying out of any mining operations under the Mining Act 1992 in a notification area—

(a) refer the application for development consent to Dams Safety NSW, and

(b) take into consideration any matters that are raised by Dams Safety NSW in relation to the application within 28 days (or such other period as is agreed between the consent authority and Dams Safety NSW) after the application is referred to Dams Safety NSW.

(5) A reference in this section—

(a) to an application for development consent includes a reference to an application to modify an existing development consent, and

(b) to the granting of development consent includes a reference to the modification of a development consent.

(6) In this section, consent authority, development consent and NSW planning portal have the same meanings as in the Environmental Planning and Assessment Act 1979.