[Jeanette McIntosh]

Good morning

I have had a request to change the rating category from Mining to Farmland. A Mining Lease has been approved and a Development Application is under review.

At what point do Councils change the category to/from Mining? I have spoken to one Council who applies the Mining category from the date of the Mining Lease.

Can you respond to jeanette.mcintosh@lachlan.nsw.gov.au ore 0409 328053.

Thanks for your help.

[Andrew Butcher]

Hi Jeanette

Was just on the website when this post came up and think you might find the answer in the following court case; Mangoola Coal Operations Pty Limited v Muswellbrook Shire Council [2021] NSWCA 46

You can find it under categorisation below the case law link.

Hope you are well and keeping safe.

Regards,
Andrew

[Ian Clayton]

Hi Jeanette,

When we have had new mines commencing in our area, we have used the date of commencement of the mining lease. This was appropriate in our cases, as approvals were already in place and works to start mining were commencing.

It’s important to remember the dominant use test. A mining lease on it’s own with no mining related activities having commenced might not be sufficient to categorise the land as mining. The case Andrew has pointed to is essentially around the determination of dominant use.

I’d suggest carefully examining what activities are actually occurring on the land and what approvals are in place. The development approval should help identify what mining is proposed and the intended timeframes.

Regards,
Ian

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