381Prospecting unaffected by environmental planning instruments

381 Prospecting unaffected by environmental planning instruments

381 Prospecting unaffected by environmental planning instruments

(1) If a person is authorised under this Act to prospect on any land—

(a) nothing in, or done under, an environmental planning instrument operates so as to prevent the person from carrying on prospecting operations on that land, and

(b) to the extent to which anything in, or done under, any such instrument would so operate, it is of no effect in relation to the person.

(2) A reference in this section to an environmental planning instrument does not include a reference to a State environmental planning policy made on or after the commencement of this subsection.

s 381: Am 2005 No 43, Sch 7.11 [6] [7]; 2022 No 21, Sch 1[138].