The Mining and Petroleum Gateway Panel (‘Gateway Panel’) is a subcommittee of the Independent Planning Commission that conducts Gateway assessments and issues Gateway certificates for proposed mining and petroleum developments.
The Gateway Panel is part of the NSW Government’s Strategic Regional Land Use Policy framework that is designed to protect agricultural and water resources from the potential impacts of mining and coal seam gas activities.
The Gateway Panel has the following functions:
- to determine applications for gateway certificates
- to provide advice to the consent authority in relation to applications for development consent
- to provide advice to the Minister for Planning and Public Spaces or the Planning Secretary in relation to applications for development consent
- to provide advice to the Planning Secretary in relation to the preparation of environmental assessment requirements
- such other functions as may be imposed or conferred on the Gateway Panel by any law.
The Gateway Panel’s assessments are conducted against targeted scientific criteria relating to agricultural and water impacts. When the proposed development is located on BASL, the project must also be referred to the Minister for Primary Industries, for advice on the project's impacts under the Aquifer Interference Policy.
In addition, the Gateway application must also be referred to the Commonwealth Independent Expert Scientific Committee for advice on potential impacts on water resources.
A Gateway assessment is an independent, scientific assessment of the impact of new State significant mining and coal seam gas proposals on strategic agricultural land and its associated water resources.
Strategic agricultural land comprises:
- Biophysical Strategic Agricultural Land (BSAL) – this is land that has the best quality soil and water resources and can sustain high levels of productivity
- Critical Industry Cluster (CIC) land is land that contains a concentration of significant agricultural industries potentially impacted by coal seam gas or mining development.
The Mining and Petroleum Gateway Panel oversees the Gateway assessment process, which must occur before an applicant can submit certain mining and petroleum-related development applications.
The Gateway assessment process must be undertaken when mining and petroleum developments are proposed to be located on:
- the 2.8 million hectares of BSAL that has been mapped across NSW
- the equine or viticulture CICs in the Upper Hunter region.
Following each assessment, the panel can issue two types of Gateway certificate – a certificate which confirms the proposal meets the scientific criteria, or a conditional certificate which may include recommendations such as further studies or modifications to the project.
Once the applicant has a Gateway certificate, they can proceed with a development application. The development application will then be subject to a full merit assessment under the Environmental Planning and Assessment Act 1979.
The Gateway Panel can also provide advice at the request of the Minister for Planning and Public Spaces or Planning Secretary. Such advice would relate to the potential agricultural and water impacts of mining or coal seam gas production proposals for which a development application or modification application has been lodged, or environmental assessment requirements are being prepared.
The Gateway Panel can also provide input on the Secretary’s Environmental Assessment Requirements (SEARs) for projects where the time limit for issuing a Gateway certificate has lapsed.
The Gateway Panel must consist of at least three people appointed by the Chair of the Commission. In making these appointments, the Commission must consult with:
- the Minister for Planning and Public Spaces
- the Minister for Resources
- the Minister for Energy and Utilities
- the Minister for Primary Industries
Members are required to have expertise in agricultural science, hydrogeology, or mining and petroleum development. A member of the Commission may be appointed as a member of the MPGP.
One of the members of the Gateway Panel will be appointed as the chair of the Panel.
On 22 July 2024, the following experts were re-appointed to the Mining and Petroleum Gateway Panel for three-year terms:
- Professor Neal Menzies AM, Dean of Agriculture, School of Agriculture and Food science, University of Queensland (expert in agriculture and soil science). Professor Menzies is also a Deputy Chair of the Independent Planning Commission.
- Professor Ian Anderson, Director, Hawkesbury Institute for the Environment (expert in agriculture and soil science)
- Dr Clinton Foster PSM, former Chief Scientist of GeoScience Australia (expert in petroleum geology and exploration)
- Mr Hugh Middlemis, HydroGeoLogic (expert in hydrogeology)
- Dr Catherine Moore, GNS Science (expert in hydrogeology).
The Chair of the Mining and Petroleum Gateway Panel will determine which members constitute the Panel to exercise its functions in relation to a particular matter. The Gateway Panel can perform its functions at any time, either with the same members or with different ones.
A member of the Gateway Panel who has a pecuniary interest (within the meaning of sections 442 and 443 of the Local Government Act 1993) in any matter that is the subject of a decision or advice by the Panel and who is present at a meeting of the Panel at which the matter is being considered:
- must disclose the interest to the meeting as soon as practicable, and
- must not take part in the consideration or discussion of the matter, and
- must not vote on any question relating to the matter.