These changes will require fresh thinking and an adaptation of traditional approaches to secure approvals.

The SRLUP is proposed to be implemented through strategic regional land use plans for NSW regional areas that identify high value agricultural land and critical industry clusters. This will be called strategic agricultural land.

If a proposed state-significant mining or coal seam gas project is within two kilometres of identified strategic agricultural land, the ‘gateway process’ is triggered. this creates an additional layer of environmental assessment.

An independent panel of experts (Gateway Panel) will assess the impacts of major resource projects on strategic agricultural land and make a determination on whether each project should proceed to lodgement of a development application. In addition to the proponent submission, the Gateway Panel may consider views from relevant stakeholders.

The Gateway Panel will determine approvals based on an assessment against specific criteria, including a public benefits test using a cost benefit analysis.

Identified criteria for the Gateway Panel’s consideration include surface area disturbance, subsidence, impact on access to agricultural resources and access to services, infrastructure, transport routes, scenic and landscape values, land surface relief, soil fertility and impacts on groundwater (including potential aquifer impacts modelling based on two years of data).

However, there is no direction on how the Gateway Panel will prioritise between the competing aspects and criteria against which a project is to be assessed.

Released alongside the draft SRLUP is the draft aquifer interference policy, which proposes to increase protection for productive aquifers underlying strategic agricultural land.

The policy identifies strict assessment criteria using a harm minimisation approach to water resources and their dependent ecosystems.

The Gateway Panel also is likely to receive advice on aquifer interference issues by the Commonwealth Independent Expert Panel.

In exceptional circumstances, the NSW government may declare a project to be “of exceptional value to the state”, and exempt it from the gateway process.

However, for all other projects this process could terminate a project prior to a development application being lodged.

This is a significant risk for all mining and coal seam gas projects in NSW in the future.

The policies as drafted have created a level of apprehension and uncertainty from stakeholders as to how these policies will work in practice and the potential for overlapping regulatory frameworks.

What is clear is the draft policies have created a great deal of interest, with more than 1600 submissions received and more than 1000 people attending public forums in NSW during the two-month public exhibition period.

When finalised, the policies will be carefully scrutinised by all stakeholders of coal seam gas and mining projects in NSW.

It is also clear that proponents seeking a major project approval will need to develop strategic planning frameworks at an early stage and will have additional and earlier regulatory constraints to overcome to achieve their social licence to operate.

Todd Robinson leads Golder Associates’ planning approvals group at Golder in Sydney.