Under Consideration

Department of Planning & Environment

Proposed amendments to the VLAMP and Mining SEPP

The Environment Protection Authority’s (EPA) has revised its policies for noise and air quality impacts.

This has resulted in:
• changes to air quality assessment criteria for fine particles (PM10) from 30 µg/m3 to 25 µg/m3;
• the introduction of new regulation of very fine particles (PM2.5) at 25 µg/m3 (24 hour) and 8 µg/m3 (annual); and
• changes to the noise assessment criteria to slightly modify assessment noise levels (however no changes to cumulative noise levels were made).

These changes have triggered a review of the Voluntary Land Acquisition and Mitigation Policy (VLAMP) to ensure the thresholds for the grant of voluntary acquisition and mitigation rights are consistent with the EPA’s policies. These rights may be granted by the consent authority when a State significant resources project is determined.

As part of the review, the VLAMP has also been updated to provide clearer and more thorough explanations of policy, including policy related to:
• negotiated agreements;
• acquisition and mitigation operational processes;
• the valuation of land that is to be acquired; and
• the regulation of impacts on land subject to acquisition rights.

As a function of the changes it is proposed to amend the State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 (the Mining SEPP). It is proposed that, following the completion of the VLAMP review:

• Clause 12AB of the Mining SEPP will be revised to update the non-discretionary standards with the EPA’s revised policies for air and noise. The non-discretionary standards mean that a consent authority cannot require more onerous air and noise standards than the revised assessment criteria; and
• Clause 12A of the Mining SEPP will be revised to refer to the revised VLAMP. This clause requires the consent authority to give consideration to the VLAMP before determining an application.

The proposed amendments to the VLAMP and Mining SEPP are currently on exhibition until 16 February 2018.

You can view the relevant documents below and have your say online.
Attachments & Resources
View Online Submissions
Website Submissions - Govt, Agency & Org.
Website Submissions - Public Feedback
Key dates and other information
Exhibition Commences 30/11/2017
Exhibition Concludes 16/02/2018
Type Policies