(b) to establish a legal framework aimed at ensuring that— S. 2(1)(b)(i) substituted by No. 6/2009 s. 5(1)(a). (i) mineral and stone resources are developed in ways that minimise adverse impacts on the environment and the community; and (ii) consultation mechanisms are effective and appropriate access to information is provided; and S. 2(1)(b)(iii) substituted by No. 6/2009 s. 5(1)(b). (iii) land which has been mined or from which stone has been extracted or removed is rehabilitated; and S. 2(1)(b)(iv) amended by No. 6/2009 s. 5(1)(c). (iv) just compensation is paid for the use of private land for exploration or mining; and (v) conditions in licences and approvals are enforced; and S. 2(1)(b)(vi) amended by No. 86/1993 s. 4. (vi) dispute resolution procedures are effective; and s. 2 S. 2(1)(b)(vii) inserted by No. 86/1993 s. 4, amended by Nos 82/2000 s. 3, 55/2010 s. 47. (vii) the health and safety of the public is protected in relation to work being done under a licence; and S. 2(1)(c) inserted by No. 82/2000 s. 3, amended by No. 6/2009 s. 5(2). (c) to recognise that the exploration for, and mining or extraction of, mineral resources and stone must be carried out in a way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994. S. 2(2) repealed by No. 6/2009 s. 5(3). * * * * *
S. 4(1) def. of chief administrator amended by No. 86/1993 s. 5(1)(b), repealed by No. 76/1998 s. 31(a)(i). * * * * * S. 4(1) def. of Chief Inspector inserted by No. 6/2009 s. 6(1). Chief Inspector means the Chief Inspector employed under section 90(1)(a); S. 4(1) def. of chief mining inspector amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(d). * * * * * s. 4 S. 4(1) def. of Code of practice repealed by No. 86/1993 s. 5(1)(a), new def. of Code of Practice inserted by No. 63/2006 s. 6(1)(c). Code of Practice means a Code of Practice made under Part 8A as amended and in force for the time being; S. 4(1) def. of community engagement plan inserted by No. 63/2006 s. 6(1), amended by No. 6/2009 s. 6(2)(a). community engagement plan has the meaning set out in sections 40(3)(b)(ii) and 77G(3)(c);
(c) quartz (other than quartz crystals); or (d) slate or gravel; or (e) clay (other than fine clay, bentonite or kaolin); or (ea) peat; or (f) sand, earth or soil; or (g) other similar materials; S. 4(1) def. of stratum of land inserted by No. 86/1993 s. 5(1)(f). stratum of land means a part of land consisting of a space of any shape below, on or above the surface of the land or partly below and partly above the surface of the land, all of the dimensions of which are limited; S. 4(1) def. of tailings amended by No. 86/1993 s. 5(1)(g)(i)(ii), substituted by No. 82/2000 s. 4(i). tailings means any waste mineral, stone or other material that was produced during the course of mining (whether before or after 6 November 1991), and includes any mineral, stone or material that is or was discarded from plant or machinery used for extracting minerals; S. 4(1) def. of tourist mine repealed by No. 59/2010 s. 42(1)(c). * * * * * s. 4 S. 4(1) def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 64.1). Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; S. 4(1) def. of unrestricted Crown land inserted by No. 86/1993 s. 5(1)(h). unrestricted Crown land means any Crown land (whether reserved or not) other than— (a) land to which paragraph (a) or (b) of section 6 applies; or (b) restricted Crown land;
(4) The Minister must make sure that notice of an exemption is— (a) published in the Government Gazette; and (b) recorded in the mining register. (5) The Minister may revoke an exemption by notice— (a) published in the Government Gazette; and (b) recorded in the mining register. S. 7(6) inserted by No. 82/2000 s. 7(2). (6) The Minister may state in a notice revoking an exemption that the land that was the subject of the exemption is to become available for one or more licences on or after the date specified in the notice by the Minister. S. 7(7) inserted by No. 82/2000 s. 7(2). (7) The Minister must ensure that a copy of the revocation of an exemption is lodged in the mining register. S. 7A inserted by No. 82/2000 s. 8. 7A Minister may declare meaning of graticular section s. 7A (1) The Minister may from time to time, by notice published in the Government Gazette, declare the meaning of a graticular section for the purposes of this Act. (2) In making a declaration, the Minister may apply, adopt or incorporate (with or without modification) any matter contained in any document as at the time the declaration is made or at any time before then. S. 7B inserted by No. 82/2000 s. 8. 7B Ministers may declare low impact exploration activity s. 7B The Minister and the Minister administering the Conservation, Forests and Lands Act 1987 may from time to time, by notice published in the
(b) may be renewed in accordance with the provisions of this Part; and (c) applies to the area, not less than 1 nor more than 500 graticular sections, specified in the licence, unless the Minister decides otherwise. S. 13(4) inserted by No. 82/2000 s. 12(2). (4) In issuing an exploration licence, the Minister may specify on the licence that it is to remain current for a period of up to 5 years from the date on which it is registered. 14 Mining licences S. 14(1) amended by No. 82/2000 s. 13(1). (1) The holder of a mining licence who obtains a work authority is entitled to carry out mining on the land covered by the licence and— (a) to explore for minerals; and (b) to construct any facilities specified in the licence, including drives, roads, water races, tailing dumps, tailing dams, drains, dams, reservoirs and pipe-lines; and (c) to do anything else that is incidental to that mining. (2) The licensee may— S. 14(2)(a) amended by No. 86/1993 s. 7(1)(a). (a) use, for any mining purpose, any tailings produced by the licensee during work under the licence or a former licence or a former title within the meaning of clause 2 of Schedule 2 (whether before or after 6 November 1991); or S. 14(2)(b) amended by No. 86/1993 s. 7(1)(b)(i)(ii). (b) with the consent of the Minister and in accordance with any conditions imposed by the Minister on that consent, dispose of any tailings referred to in paragraph (a). s. 14 S. 14(2A) inserted by No. 86/1993 s. 7(2). (2A) A licensee must not dispose of any tailings referred to in subsection (2)(a) otherwise than
(d) that is the subject of any other application that— (i) has not been determined; and (ii) has, because of section 23, a higher priority than the present application; or (e) that is exempted under this or any other Act from being subject to— (i) an exploration licence, if the application is for an exploration licence; or (ii) a mining licence, if the application is for a mining licence; or (f) that is subject to a current minerals exemption; or s. 25 S. 25(1)(g) amended by No. 63/2006 s. 11(1). (g) that is subject to the tender process under section 27, unless the licence is granted to the successful tenderer; or S. 25(1)(h) amended by No. 86/1993 s. 11(1), repealed by No. 82/2000 s. 19(b). * * * * * S. 25(1)(i) inserted by No. 86/1993 s. 11(1). (i) that is limited to a particular stratum unless the Minister is satisfied that the applicant can obtain reasonable access to and use of the land. (2) Otherwise, the Minister may grant or refuse a licence after considering any objections made under section 24. S. 25(3) amended by No. 86/1993 s. 11(2). (3) The Minister may grant a licence if the applicant has substantially complied with this Act or the regulations (provided that the applicant complies with section 15(6)(a), (b), (c) and (d)), and may
S. 39A inserted by No. 63/2006 s. 25. 39A Licensee's duty to consult with community A licensee has a duty to consult with the community throughout the period of the licence by— (a) sharing with the community information about any activities authorised by the licence that may affect the community; and (b) giving members of the community a reasonable opportunity to express their views about those activities. 40 Work plan s. 39A S. 40(1) amended by Nos 76/1998 s. 31(b), 82/2000 s. 37(1). (1) A licensee who proposes to do work under the licence must lodge a work plan with the Department Head. S. 40(1AA) inserted by No. 57/2009 s. 26(1). (1AA) A work plan lodged under subsection (1) must— (a) specify the location at which work is to be carried out; or (b) if the exact location is not known, specify the area within which work is to be carried out. S. 40(1A) amended by No. 82/2000 s. 37(2). (1A) This section does not apply to low impact exploration work. (2) If— (a) an applicant for an exploration licence indicates in the application that the program of work referred to in section 15(6)(c) will be the work plan for the licence; and
S. 40(4) amended by Nos 86/1993 s. 19(e)(f), 76/1998 s. 31(b), substituted by No. 82/2000 s. 37(4). (4) The Department Head must give a licensee a written notice approving, refusing to approve, or asking for changes to, a work plan within 30 days after the last of any of these events that are applicable— (a) the licensee notifying the Department Head that all required planning approvals have been granted (other than any permit that it is not necessary to obtain as a result of section 42(7)); (b) the Minister administering the Environment Effects Act 1978 submitting an assessment to the Minister under section 42(7); (c) the granting or refusal of any application under section 26B relating to the licence; (d) the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2); S. 40(4)(e) substituted by No. 63/2006 s. 26(4). (e) the Crown land Minister giving the Minister comments under section 40(3A); s. 41 (f) the lodging of the work plan. S. 40(5) inserted by No. 82/2000 s. 37(4). (5) The Department Head must not approve a work plan before the events described in subsections (4)(a), (b), (c), (d) and (e) occur (if applicable). S. 40(6) inserted by No. 82/2000 s. 37(4). (6) In approving a work plan, the Department Head may specify that certain conditions must be observed by the licensee in carrying out the work plan. S. 40(7) inserted by No. 82/2000 s. 37(4). (7) If the Department Head asks for changes to be made to a work plan, subsection (4) applies to the revised work plan as if it was the original work plan.
(b) the report is made available for public inspection and comment for at least 28 days; and (c) after considering any comments made during that period, that Minister submits an assessment of the report to the Minister; and S. 42A(3)(d) amended by No. 57/2009 s. 28(3). (d) the variation, in the form that it is approved by the Department Head, substantially complies with any requirements recommended by that assessment. 43 Commencement of work under exploration licence s. 43 S. 43(1) amended by Nos 86/1993 s. 23(a)(i)(iii), 82/2000 s. 42(1)(a)(d), 63/2006 s. 31(1)(a). (1) The holder of an exploration licence must not carry out any work on the land covered by the licence unless— (a) the licensee has an approved work plan; and S. 43(1)(ab) inserted by No. 57/2009 s. 29. (ab) in the case of an area work plan within the meaning of section 41AD(4), the licensee has submitted the relevant area work plan schedule containing the prescribed information to the Department Head not less than 21 days before carrying out any work on the land affected; and (b) the licensee has entered into a rehabilitation bond in accordance with section 80; and S. 43(1)(ba) inserted by No. 63/2006 s. 31(1)(b). (ba) the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and
S. 44(3) repealed by No. 86/1993 s. 25(e). * * * * * S. 44(4) amended by No. 86/1993 s. 25(f). (4) A consent under subsection (1) or (2)— (a) must not be unreasonably withheld; and (b) may be granted subject to conditions. S. 44(5) amended by No. 86/1993 s. 25(f)(g). (5) A person or body whose consent is sought under subsection (1) or (2) must, within 28 days (or any longer period allowed by the Minister) after the consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent. s. 44 S. 44(6) substituted by No. 82/2000 s. 44(2). (6) A person or body that does not comply with subsection (5) in relation to any land is deemed to have given the consent sought. S. 44(7) amended by No. 86/1993 s. 25(f). (7) A person or body that refuses to consent under subsection (1) or (2) must, within 7 days after the decision to refuse, give the licensee a statement in writing of the reasons for the decision. S. 44(8) amended by No. 82/2000 s. 44(1). (8) A licensee may only do work under the licence at a depth of more than 0·75 metres below any land that is within 100 metres of— (a) a waterway that is owned by, vested in or managed or controlled by the Melbourne and Metropolitan Board of Works or an Authority under the Water Act 1989; or (b) any main drains, sewers, aqueducts, channels or pipelines of that Board or such an Authority— s. 44 after consultation with the Board or Authority and in compliance with any conditions specified by the Board or Authority.
S. 46(1) amended by No. 74/2000 s. 3(Sch. 1 item 83.2), substituted by No. 82/2000 s. 46(1), amended by No. 63/2006 s. 35(2). (1) The Minister may authorise a licensee to do work within the area prohibited by section 45(1)(a)(i) or within 100 metres below that area— (a) after considering the advice of the Mining and Environment Advisory Committee; or (b) after consultation with the municipal council in whose municipal district an area is situated, and any community group or member of the community whom the Minister considers should be consulted about the proposed work. (2) A licensee who does work in accordance with an authority under subsection (1) is not guilty of an offence under section 45(1). S. 46(3) amended by No. 82/2000 s. 46(2). (3) A licensee who does work in accordance with an authority under subsection (1), or with the consent of a person or body under section 45(4), must repair any damage caused to the protected building or site by the work. S. 46(4) inserted by No. 63/2006 s. 35(3). (4) In this section work has the same meaning as it has in section 45(7). S. 47 repealed by No. 82/2000 s. 47, new s. 47 inserted by No. 63/2006 s. 36. 47 New consent or authorisation for certain work plan variations (1) A licensee must obtain a consent under section 45 (a new consent) to do mining work (the new work) that is proposed by a variation to an approved work plan under section 41 or 41AA if— (a) the new work affects all or part of any mining work within an area of land prohibited by section 45(1), being mining work—
(b) the Department Head considers that the new work will result in significant changes to that exploration work. (3) In this section work has the same meaning as it has in section 45(7). (4) This section applies despite section 45A. S. 47A inserted by No. 86/1993 s. 26, substituted by No. 82/2000 s. 48. 47A Management of worksites s. 47A (1) A licensee holding a mining licence must appoint a manager to control and manage the licence worksites. S. 47A(2) repealed by No. 6/2009 s. 17(1). * * * * * S. 47A(3) repealed by No. 6/2009 s. 17(1). * * * * * (4) The licensee must provide the manager with sufficient means to enable the manager to ensure that all obligations placed on the licensee by or under this Act with respect to the licence worksites are met. In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. S. 47A(5) amended by No. 6/2009 s. 17(2). (5) The licensee may appoint himself or herself to be the manager of the licence worksites. s. 47A _______________
(2) A tourist fossicking authority is current for the time, not exceeding 2 years, specified in the authority. S. 59(3) substituted by No. 82/2000 s. 51(2). (3) A consent granted under subsection (1) or (1A)— (a) may be granted subject to conditions; and (b) may be withdrawn at any time by the person who granted it. S. 59(4) inserted by No. 82/2000 s. 51(2). (4) If a person is validly on any land under this section, he or she may remove from the land any minerals discovered by him or her on the land. S. 60 amended by No. 76/1998 s. 31(f). 60 Application for tourist fossicking authority s. 60 A person may apply to the Department Head in accordance with the regulations for a tourist fossicking authority. 61 Grant or refusal of tourist fossicking authority S. 61(1) amended by No. 76/1998 s. 31(g)(i). (1) The Department Head may grant or refuse an application. S. 61(2) amended by No. 76/1998 s. 31(g)(i). (2) The Department Head may grant an application on any terms and conditions specified in the authority. S. 61(3) repealed by No. 76/1998 s. 31(g)(ii). * * * * * 62 Obligations of holder (1) The holder of a tourist fossicking authority must not— (a) use any equipment for the purposes of excavation on the land, other than hand tools; or (b) use explosives on the land; or
(c) remove or damage any tree or shrub on the land; or S. 62(1)(d) substituted by No. 16/2006 s. 198(Sch. 2 item 5(8)). (d) disturb any Aboriginal cultural heritage (within the meaning of the Aboriginal Heritage Act 2006) on the land. 100 penalty units. s. 62 (2) The holder of a tourist fossicking authority must make sure that a person who searches for minerals under that authority does not do anything specified in subsection (1)(a), (b), (c) or (d). 100 penalty units. S. 62(3) amended by No. 25/2008 s. 15. (3) The holder of a tourist fossicking authority must repair any damage to the land arising out of the searching for minerals under that authority by any person. 50 penalty units. Pt 5 Div. 3 (Heading and ss 63–67) amended by Nos 86/1993 s. 28, 82/2000 ss 61(b), 72(a), 6/2009 s. 19, repealed by No. 59/2010 s. 41. * * * * * _______________ S. 68 amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 52(1). * * * * *
(1) The holder of a consent under section 77A is, during the currency of the consent, entitled to carry out any surveys or other operations that are authorised by the consent for the purpose of searching for the stone specified in the consent on the land in respect of which the consent is granted. (2) In carrying out any of those surveys or operations the holder of a consent under section 77A must proceed in an expeditious manner without causing unnecessary damage and without interfering with the existing use of the land to a greater extent than is necessary. S. 77F inserted by No. 6/2009 s. 20. 77F Power of Minister to cancel or suspend consent etc. (1) The Crown land Minister may at any time— (a) cancel or suspend a consent under section 77A if the holder of the consent has contravened any provision of this Act or any condition, limitation or restriction to which the consent is subject; or (b) withdraw, from the operation of a consent granted under section 77A, any land which is required for any public purpose and cancel the part of the consent that relates to the land withdrawn; or (c) at the request of the holder of the consent, cancel the consent either wholly or in part. (2) The holder of a consent under section 77A may apply to the Tribunal for review of a decision of the Crown land Minister to cancel or suspend the consent under subsection (1)(a) or cancel part of the consent under subsection (1)(b). Division 2—Work Plans and Extractive Industry Work Authorities
Pt 9 Div. 1 (Heading) inserted by No. 63/2006 s. 46. Division 1—Employment of inspectors 90 Employment of inspectors s. 90 S. 90(1) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 134.4). (1) There may be employed under Part 3 of the Public Administration Act 2004— S. 90(1)(a) substituted by No. 82/2000 s. 61(a), amended by No. 6/2009 s. 33(1)(a). (a) a Chief Inspector; and S. 90(1)(b) amended by No. 6/2009 s. 33(1)(b). (b) such number of inspectors as are necessary for the purposes of this Act. S. 90(2) amended by No. 46/1998 s. 7(Sch. 1). (2) A person must not be employed under subsection (1) unless he or she has appropriate qualifications and experience. S. 90(3) amended by Nos 82/2000 s. 61(b), 6/2009 s. 33(2). (3) The Chief Inspector has all the powers of an inspector. S. 91 (Heading) inserted by No. 6/2009 s. 34(1). S. 91 amended by Nos 82/2000 s. 61(b), 6/2009 s. 34(2). 91 Delegation by Chief Inspector s. 91 The Chief Inspector may, by instrument—
Assent Date: 7.11.01 Commencement Date: Ss 3(1), 4–6 on 8.11.01: s. 2 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Accident Compensation (Amendment) Act 2001, No. 82/2001 Assent Date: 11.12.01 Commencement Date: S. 34 on 28.10.02: Government Gazette 24.10.02 p. 2859 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks ( and Marine Sanctuaries) Act 2002, No. 40/2002 Assent Date: 18.6.02 Commencement Date: S. 29 on 16.11.02: s. 2 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002 Endnotes Assent Date: 29.10.02 Commencement Date: Ss 20–24 on 30.10.02: s. 2 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Fisheries (Amendment) Act 2003, No. 56/2003 Assent Date: 16.6.03 Commencement Date: S. 11(Sch. item 12) on 17.6.03: s. 2 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks (Additions and Other Amendments) Act 2004, No. 64/2004 Assent Date: 12.10.04 Commencement Date: S. 34 on 13.10.04: s. 2(1) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004 Assent Date: 19.10.04 Commencement Date: S. 56 on 20.10.04: s. 2(1); s. 55 on 1.4.05: Government Gazette 24.3.05 p. 546 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 134) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 69) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Brown Coal Royalties) Act 2005, No. 89/2005 Endnotes Assent Date: 29.11.05 Commencement Date: 1.1.06: s. 2 : All of Act in operation Aboriginal Heritage Act 2006, No. 16/2006 (as amended by No. 63/2006) Assent Date: 9.5.06 Commencement Date: S. 198(Sch. 2 item 5) on 28.5.07: Government Gazette 24.5.07 p. 921 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Statute Law (Further Revision) Act 2006, No. 29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 23) on 7.6.06: s. 2(1) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 33) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks and (Reserves) Acts (Amendment) Act 2006, No. 57/2006 Assent Date: 15.8.06 Commencement Date: S. 31 on 16.8.06: s. 2(1) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006