Consult DPI before proposals that could block significant mineral or extractive resources.
This direction applies when a planning proposal would prohibit mining, petroleum production or extractive industries, or permit land uses incompatible with State or regionally significant resources. The planning authority must consult the Secretary of the Department of Primary Industries to identify significant resources and existing operations, seek advice on development potential, and consider potential land use conflicts. Where a proposal restricts such resources or creates conflict, DPI must be given the proposal and 40 days to object.
Direction 8.1 exists to protect valuable underground and surface resources — coal, other minerals, petroleum and extractive materials (such as sand, gravel and hard rock quarry stone) — from being locked away by planning changes that would make it impossible or impractical to extract them in future. When a council or other planning authority is preparing a planning proposal (a proposal to change a local environmental plan), it must make sure that decision does not accidentally sterilise a resource that the State considers significant, either by banning mining/extraction outright or by allowing nearby land uses (like housing) that could not coexist with extraction.
Mechanically, the direction forces early consultation with the Department of Primary Industries (DPI). The planning authority must ask DPI to identify significant resources and existing operations in the area, get DPI's advice on their development potential, and then work through likely land-use conflicts. If the proposal would prohibit or restrict a significant resource, or create such conflicts, DPI must be formally sent the proposal and given 40 days to object, and any objection travels up to the Planning Secretary with the proposal.
The consequence of not following the direction is that the planning proposal can be held up or refused progression. A proposal is only allowed to be inconsistent with the direction if the planning authority can convince the Planning Secretary that the inconsistent parts are of minor significance.
All NSW relevant planning authorities (typically councils, but also other bodies) preparing a planning proposal that would prohibit or restrict mining, petroleum production or extractive industries, or permit land uses incompatible with significant resource development.
It is triggered when a planning proposal would either (a) prohibit the mining of coal or other minerals, production of petroleum, or winning/obtaining of extractive materials, or (b) restrict potential development of State or regionally significant resources by permitting a land use likely to be incompatible with such development.
A planning proposal may be inconsistent with the direction only if the relevant planning authority can satisfy the Planning Secretary (or a nominated officer) that the inconsistent provisions are of minor significance.
Requires consultation with the Secretary of the Department of Primary Industries (DPI); the objection process feeds into the statement to the Planning Secretary before community consultation under Schedule 1 to the Environmental Planning and Assessment Act. It commenced 1 March 2022 and replaces the previous Direction 1.3.
The planning authority must consult the Secretary of DPI to identify any resources of coal, other minerals, petroleum or extractive material of State or regional significance, and any existing mines, petroleum production or extractive industries in the area.
The authority must seek advice from the Secretary of DPI on the development potential of the significant resources identified.
The authority must identify and take into consideration issues likely to lead to land use conflict between other land uses and either the development of identified resources or existing resource development.
Where the proposal prohibits/restricts significant resources or creates identified conflicts, the authority must give DPI a copy plus notification of relevant provisions and allow 40 days for written objections.
Any objection and supporting information from DPI must be included with the statement to the Planning Secretary before community consultation under Schedule 1 to the Act.
Kiama's LGA contains hard-rock quarrying interests (the Illawarra region has significant basalt/blue metal extractive resources), so this direction can bite where a Kiama planning proposal would rezone land for housing or other sensitive uses near an existing or potential quarry, or would otherwise restrict access to a State or regionally significant extractive resource. In practice, any Kiama planning proposal near quarry land or identified extractive resource areas should trigger early DPI consultation and possibly the 40-day referral. It is less likely to be relevant for coal or petroleum, which are not features of the Kiama area.
8.1 Mining, Petroleum Production and Extractive Industries Objective The objective of this direction is to ensure that the future extraction of State or regionally significant reserves of coal, other minerals, petroleum and extractive materials are not compromised by inappropriate development. Application This direction applies to all relevant planning authorities when preparing a planning proposal that would have the effect of: (a) prohibiting the mining of coal or other minerals, production of petroleum, or winning or obtaining of extractive materials, or (b) restricting the potential development of resources of coal, other minerals, petroleum or extractive materials which are of State or regional significance by permitting a land use that is likely to be incompatible with such development. Direction 8.1 (1) In the preparation of a planning proposal affected by this direction, the relevant planning authority must: (a) consult the Secretary of the Department of Primary Industries (DPI) to identify any: i. resources of coal, other minerals, petroleum or extractive material that are of either State or regional significance, and ii. existing mines, petroleum production operations or extractive industries occurring in the area subject to the planning proposal, and (b) seek advice from the Secretary of DPI on the development potential of resources identified under (1)(a)(i), and (c) identify and take into consideration issues likely to lead to land use conflict between other land uses and: i. development of resources identified under (1)(a)(i), or ii. existing development identified under (1)(a)(ii). (2) Where a planning proposal prohibits or restricts development of resources identified under (1)(a)(i), or proposes land uses that may create land use conflicts identified under (1)(c), the relevant planning authority must: (a) provide the Secretary of DPI with a copy of the planning proposal and notification of the relevant provisions, (b) allow the Secretary of DPI a period of 40 days from the date of notification to provide in writing any objections to the terms of the planning proposal, and (c) include a copy of any objection and supporting information received from the Secretary of DPI with the statement to the Planning Secretary (or an officer of the Department nominated by the Secretary before undertaking community consultation in satisfaction of Schedule 1 to the Act. Consistency A planning proposal may be inconsistent with the terms of this direction only if the relevant planning authority can satisfy the Planning Secretary (or an officer of the Department nominated by the Secretary), that the provisions of the planning proposal that are inconsistent are of minor significance. Issued to commence 1 March 2022 (replaces previous Direction 1.3)
Reproduced from the NSW Department of Planning, Housing and Infrastructure (planning.nsw.gov.au), © State of New South Wales, under Creative Commons Attribution 4.0. Text extraction may introduce minor formatting artefacts — rely on the for anything decision-critical.
This is an unofficial reproduction provided for convenience. It is not the official version of the legislation. For the official, in-force version, see legislation.nsw.gov.au.