INQUIRY INTO THE NSW PLANNING FRAMEWORK NSW MINERALS

INQUIRY INTO THE NSW PLANNING FRAMEWORK NSW MINERALS COUNCIL OPENING STATEMENT 17 AUGUST 2009

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY NSWMC’S PRIMARY OBJECTIVES § Ensure that the legislative and regulatory framework is relevant and effective for an industry which is operating in highly competitive domestic and international markets ��

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY ECONOMIC CONTRIBUTION § $14 billion production value § $1. 5 billion in royalties § 47, 000 directly employed, predominantly in regional NSW �� § Over 200, 000 indirectly employed

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY IMPORTANCE OF AN EFFECTIVE PLANNING FRAMEWORK § Attract investment in highly competitive domestic and global markets § Improve government service delivery through efficiency gains �� § Create economic growth, jobs, mineral royalties, fees and taxes

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY PRINCIPLES FOR AN EFFECTIVE PLANNING FRAMEWORK § Certainty § Timeliness § Efficiency § Flexibility ��

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY SEQUENTIAL APPROVALS Project Approval Mining Lease 17 months 4 months (policy 60 days) EPL �� Management Plans >18 months �� Subsidence Management 21 months (policy 6 months) Secondary Approvals (eg water licence, local council, RTA) Pre Project Approval Post Project Approval >24 months

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY APPROVALS ASSESSED CONCURRENTLY Project Approval Mining Lease �� EPL Management �� Subsidence Management Secondary Approvals Pre Project Approval Post Project Approval

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY DUPLICATION IN APPROVAL CONDITIONS Project Approval EPL Secondary Approvals and Management Plans Mining Lease �� • Operating conditions • Monitoring • Reporting • Auditing • Enforcement Duplicative/conflicting conditions and operating requirements

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY INTEGRATED APPROVAL CONDITIONS Project Approval Interagency protocols clearly outline jurisdiction of each approval EPL Mining Lease • Operating conditions • Monitoring • Reporting • Auditing • Enforcement Integrated set of conditions – no duplication or conflicts Secondary Approvals

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY SOLUTIONS 1. Part 3 A framework – Apply in practice, recognising primacy of Do. P and the Part 3 A Project Approval 2. Management Plans – Ensure they are restricted to �� management rather than secondary approval process 3. Interagency protocols – Implement a whole of government approach to achieve ‘one assessment – one approval’ 4. Service delivery standards – Implement statutory timeframes/policy commitments; adequate resourcing of departments

NSW MINERALS COUNCIL NSW PLANNING FRAMEWORK INQUIRY SOLUTIONS § Adequate guidance material – Develop so that proponents, government and community are clear on roles, responsibilities and requirements �� § EPBC Act – Implement approval bilateral agreement to remove duplication § Exempt and complying development – Broaden provisions in Mining SEPP § Strategic planning – Implement in regional areas to develop common vision and optimise investment