mine means any land on which mining is taking place under a licence; miner's right means a miner's right under Part 5; S. 4(1) def. of mineral amended by Nos 7/1994 s. 4, 71/2001 s. 3(1)(a). mineral means any substance which occurs naturally as part of the earth's crust— (a) including— (i) oil shale and coal; and (ii) hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and (iii) any substance specified in Schedule 4; (b) excluding water, stone, peat or petroleum; minerals exemption means an exemption that was granted under section 293 or 293A of the Mines Act 1958 and that was current immediately before the commencement of this section; S. 4(1) def. of mineral resource inserted by No. 59/2010 s. 4(c). mineral resource means a concentration of a mineral or minerals that is or may be economically viable to mine; mining means extracting minerals from land for the purpose of producing them commercially, and includes processing and treating ore; S. 4(1) def. of mining infringement repealed by No. 6/2009 s. 6(3)(c). * * * * *
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 with the consent of the Minister under subsection (2)(b) and in accordance with any conditions imposed by the Minister on that consent. Penalty applying to this subsection: 60 penalty units. (3) A mining licence— S. 14(3)(a) amended by No. 56/1995 s. 40. (a) is current for the time specified in the licence, not exceeding 20 years from the date on which it is registered unless the Minister decides otherwise; and (b) may be renewed in accordance with the provisions of this Part; and (c) applies to the land described in the licence. S. 14(4) amended by Nos 59/2010 s. 7(1), 43/2012 s. 3(Sch. item 30). (4) The area of the land described in a licence must not exceed 260 hectares, unless the Minister decides a greater area may be required to mine a mineral resource. S. 14(5) inserted by No. 82/2000 s. 13(2), substituted by No. 59/2010 s. 7(2). (5) A mining licence does not entitle the holder of the licence to only explore for a mineral resource during the currency of the licence. S. 14(6) inserted by No. 82/2000 s. 13(2). (6) However, the Minister may, by notice in writing, authorise the holder of such a mining licence to only explore for minerals for a specified period of up to 2 years.
S. 18(b) amended by Nos 82/2000 s. 15, 63/2006 s. 10(2)(a), substituted by No. 16/2006 s. 198(Sch. 2 item 5(4)) (as amended by No. 63/2006 s. 61(Sch. item 1.4)). (b) any registered Aboriginal party (within the meaning of the Aboriginal Heritage Act 2006) for an area to which the application relates; and S. 18(c) inserted by No. 63/2006 s. 10(2)(b), amended by No. 68/2014 s. 22. (c) if the application is for a mining licence or prospecting licence, the Executive Director (within the meaning of the Heritage Act 1995). New s. 19 inserted by No. 82/2000 s. 16. 19 Withdrawal of application (1) An applicant for a licence may withdraw the application, either in whole or in part, by delivering a signed notice of withdrawal to the Minister. (2) A withdrawal takes effect on the delivery of the notice to the principal office of the Department Head. Ss 19, 20 amended by No. 76/1998 s. 31(b), repealed by No. 82/2000 s. 17. * * * * * S. 21 repealed by No. 82/2000 s. 17. * * * * *
S. 36(1) amended by No. 82/2000 s. 31(1). (1) The Minister may, by instrument served on the licensee, determine that one of two or more licences of the same type held by the same person over adjoining areas applies to the combined areas. (2) The Minister may nominate which licence covers the combined areas and must cancel the other licence or licences. S. 36(2A) inserted by No. 82/2000 s. 31(2). (2A) The Minister may act under this section— (a) at the request of the licensee; or (b) on the Minister's own initiative, after consultation with the licensee. (3) An amalgamation has no effect until the instrument of amalgamation is registered. (4) A cancellation has no effect until the instrument of cancellation is registered. S. 36(4A) inserted by No. 63/2006 s. 21. (4A) On an amalgamation of licences coming into effect the term of the licence nominated under subsection (2) is to be the term of whichever of the amalgamated licences is to expire first. S. 36(5) inserted by No. 82/2000 s. 31(3). (5) If one of the licences amalgamated under this section was a mining lease under the Mines Act 1958 that became a mining licence as a result of section 129, for the remainder of the term for which the licence remains current the rental payable for the amalgamated licence is the sum of the amounts that would have been payable for each of the amalgamated licences had they not been amalgamated. S. 36A inserted by No. 82/2000 s. 32. 36A Expedited procedure for replacement of invalidated title (1) This section applies if—
S. 41AC (Heading) amended by No. 64/2012 s. 31(1). S. 41AC inserted by No. 57/2009 s. 27. 41AC Chief Inspector to be notified of reportable events in relation to exploration or mining S. 41AC(1) amended by No. 64/2012 s. 31(2). (1) A licensee must report to the Chief Inspector in accordance with the regulations a reportable event as soon as practicable after the reportable event occurs. S. 41AC(2) amended by No. 64/2012 s. 31(3). (2) In this section, reportable event means an event arising out of exploration or mining prescribed as a reportable event for the purposes of this section. S. 41AD (Heading) amended by No. 68/2014 s. 42. S. 41AD inserted by No. 57/2009 s. 27. 41AD Licensee to submit area work plan schedule (1) A licensee who has lodged an area work plan must not carry out any work on the land to which the area work plan relates unless the licensee has submitted to the Department Head, not less than 21 days before carrying out that work, an area work plan schedule containing the prescribed information in relation to that work plan. (2) If an approved cultural heritage management plan (within the meaning of the Aboriginal Heritage Act 2006) is required under that Act or regulations made under that Act in respect of work on land to which an area work plan relates, an area work plan schedule is taken not to have been submitted under subsection (1) unless the area work plan schedule is accompanied by a copy of the approved cultural heritage management plan. (3) An area work plan schedule that is required to be submitted with a copy of an approved cultural heritage management plan under subsection (2) must be consistent with the approved cultural heritage management plan.
S. 54D inserted by No. 63/2006 s. 37. 54D Terms of reference On appointing a panel, the Minister must specify the terms of reference of the panel. S. 54E inserted by No. 63/2006 s. 37. 54E Terms and conditions of appointment (1) A member of a panel is appointed for the term that is specified in the instrument of his or her appointment. (2) A member of a panel, other than a member who is employed by or on behalf of the Crown, is entitled to receive any fees and allowances fixed by the Minister in the instrument of his or her appointment. Division 2—Procedure of panels S. 54F inserted by No. 63/2006 s. 37. 54F Procedure of panel (1) A panel may call for and consider written submissions from any persons having an interest in the matter referred to it. (2) A panel may hold a public hearing. (3) If a panel holds a public hearing, it must give a reasonable opportunity to be heard by it to any person who has stated in a written submission that the person wishes to be heard with respect to that submission. S. 54G inserted by No. 63/2006 s. 37. 54G Directions about hearings (1) A panel may give directions about— (a) the times and places of hearings; and (b) matters preliminary to hearings; and (c) the conduct of hearings.
S. 69(1A) inserted by No. 63/2006 s. 38(2). (1A) The mining register may be kept in electronic form. S. 69(2) amended by No. 82/2000 s. 52(2). (2) The Department Head must, by any means he or she considers appropriate— (a) register the following documents— (i) licences; S. 69(2)(a)(ia) inserted by No. 82/2000 s. 52(3)(b). (ia) instruments of refusal of applications for licences; (ii) compensation agreements; (iii) rehabilitation bonds; S. 69(2)(a)(iiia) inserted by No. 63/2006 s. 38(3). (iiia) consents given under section 45; S. 69(2)(a)(iiib) inserted by No. 63/2006 s. 38(3). (iiib) authorisations given under section 46; (iv) approved work plans; S. 69(2)(a)(v) substituted by No. 82/2000 s. 52(3)(a). (v) work authorities; (vi) instruments of renewal of licences, including notice of decreased area and of any changed conditions; (vii) instruments of refusal to renew licences; (viii) instruments of variation of licences;
(ix) instruments of amalgamation of licences; (x) notices of surrender of licences; (xi) instruments of cancellation of licences; S. 69(2)(a)(xii) amended by No. 86/1993 s. 29. (xii) instruments of variation, suspension, revocation or addition of licence conditions; (xiii) approved instruments of transfer of licences; S. 69(2)(a)(xiv) amended by No. 82/2000 s. 52(3)(c). (xiv) instruments for creating, assigning or affecting interests in, or conferred by, licences (including mortgages); (xv) instruments for the devolution of licences or interests in, or conferred by, licences; S. 69(2) (a)(xva) inserted by No. 64/2012 s. 36. (xva) instruments (including mortgages) for the termination or cancellation of interests in, or conferred by, licences; S. 69(2) (a)(xvb) inserted by No. 68/2014 s. 43(1). (xvb) written undertakings entered into under section 107; S. 69(2)(a)(xvi) amended by Nos 91/1994 s. 28(1), 52/1998 s. 311(Sch. 1 item 64.5). (xvi) determinations of the Tribunal or the Supreme Court as to the amount of compensation payable; (xvii) any other prescribed documents; and (b) record in the register the prescribed information contained in— (i) any document registered under paragraph (a); and
(ii) any other document that is required to be lodged under this Act; and (c) endorse on the document and in the register the date and time of registration. S. 69(3) amended by No. 82/2000 s. 52(2). (3) The Department Head may— (a) approve forms of documents referred to in subsection (2)(a) for registration; and (b) register a document by registering either the original or a copy; and (c) determine the form of an extract from the register. S. 69(4) amended by No. 82/2000 s. 52(2). (4) The Department Head may refuse to accept for registration any document referred to in subsection (2)(a) that does not contain the prescribed information or that is not in an approved form. S. 69(5) inserted by No. 68/2014 s. 43(2). (5) The Department Head may refuse to accept for registration an approved instrument of transfer if the proposed transferee has not paid all outstanding fees, bonds, royalties and rents in respect of the licence agreed to under section 33B. 70 Effect of registration (1) A document referred to in section 69(2)(a) (other than one referred to in subparagraph (xiv), (xv) or (xvi)) has no effect until it is registered. (2) A document referred to in section 69(2)(a)(xiv) or (xv) is ineffective for creating, assigning or affecting any interest in or conferred by a licence, or for the devolution of a licence or any interest in or conferred by a licence, until it is registered. (3) A licence, on registration, confers on the licensee a proprietary interest in the land covered by the
S. 74(1) amended by No. 82/2000 s. 52(2). (1) The Department Head must— (a) allow access at all reasonable times to the register; and (b) provide information from the register; and S. 74(1)(c) amended by No. 82/2000 s. 52(4). (c) provide a copy of a registered licence; and S. 74(1)(ca) inserted by No. 63/2006 s. 39. (ca) provide a copy of a registered consent given under section 45; and S. 74(1)(cb) inserted by No. 63/2006 s. 39. (cb) provide a copy of a registered authorisation given under section 46; and S. 74(1)(d) inserted by No. 82/2000 s. 52(4). (d) provide a copy of a registered work plan; and S. 74(1)(e) inserted by No. 82/2000 s. 52(4). (e) provide a copy of a registered variation to a work plan— to any person who pays the prescribed fee. S. 74(1A) inserted by No. 82/2000 s. 52(5). (1A) In complying with subsections (1)(d) and (e), the Department Head must exclude from any copy provided any information that is, in the opinion of the Department Head, of a confidential or commercially sensitive nature. S. 74(2) amended by No. 82/2000 s. 52(2). (2) The Department Head may provide information to a prescribed person in connection with— (a) the establishment of; or (b) the operation of; or (c) the satisfaction of enquiries to—
(c) refuse to approve the work plan— and notify, and give a statement of reasons for the decision to, the person who lodged the plan. S. 77H inserted by No. 6/2009 s. 20, amended by No. 59/2010 s. 44, substituted by No. 10/2014 s. 28. 77H Application for variation of work plan (1) The holder of an extractive industry work authority who— (a) proposes to vary an approved work plan; or S. 77H(1)(b) amended by No. 47/2015 s. 12. (b) is directed by the Department Head under section 77HA or clause 3A of Schedule 9 to lodge an application for approval of a variation of a work plan— must lodge an application for approval of the variation with the Department Head. (2) An application for approval of a variation must contain the prescribed information. (3) A proposed specified variation that is the subject of an application must be statutorily endorsed. S. 77HA inserted by No. 10/2014 s. 28. 77HA Department Head may direct holder to lodge application for variation of work plan (1) The Department Head may, on his or her own initiative, determine that an approved work plan be varied. (2) On making a determination, the Department Head must give the holder of the extractive industry work authority written notice of the proposed variation, and the reasons for it, and give the holder an opportunity to comment on the proposal. (3) After considering any comments made by the holder of the work authority, the Department
vary the approved work plan in respect of the declared quarry. (2) The application must contain the prescribed quarry stability information. S. 77KB(3) amended by No. 10/2014 s. 30. (3) Section 77H(2) and (3) apply to an application lodged under this section. S. 77L inserted by No. 6/2009 s. 20. 77L Period of extractive industry work authority An extractive industry work authority remains in force for the period for which the carrying out of an extractive industry is permitted on the land under the relevant planning scheme or a planning permit unless— (a) the work authority is sooner cancelled; or (b) in the case of Crown land, the Crown land Minister's consent is revoked, lapses or otherwise ceases to have effect; or (c) it is varied under section 77M. S. 77M inserted by No. 6/2009 s. 20. 77M Variation of an extractive industry work authority (1) The Minister may, by instrument served on the holder of the extractive industry work authority, vary the work authority, or vary, suspend or revoke a condition of the extractive industry work authority or add a new condition. (2) The Minister may act under subsection (1)— (a) at the request of the holder of the work authority; or S. 77M(2)(b) amended by No. 47/2015 s. 14(1). (b) if the Minister decides it is necessary for the rehabilitation or stabilisation of the land to
S. 77S(1) substituted by No. 68/2014 s. 48(1). (1) A person who applies for an extractive industry work authority in respect of land which is the subject of a licence under Part 2 must, on the same day that the applicant lodges the application— (a) send a copy of the application to any holder of a licence under Part 2 relating to the land or any part of the land to which the application applies; and (b) send a notice to any holder of a licence referred to in paragraph (a) seeking consent to the granting of the extractive industry work authority. (2) The applicant for an extractive industry work authority over land in respect of which there is a licence under Part 2 must forward to the Minister— (a) a copy of any consent to the granting of an extractive industry work authority that the licensee has given to the applicant; and S. 77S(2)(b) amended by No. 68/2014 s. 48(2). (b) if the licence is an exploration licence, and the licensee is withholding consent to the granting of an extractive industry work authority, evidence that the applicant has given the licensee a copy of the application under subsection (1)(a) and a notice seeking consent under subsection (1)(b). S. 77S(3) amended by No. 53/2011 s. 6(b) (as amended by No. 43/2012 s. 3(Sch. item 43)). (3) If land that is the subject of an application for an extractive industry work authority is also the subject of a licence under Part 2, the Minister must not grant an extractive industry work authority over the land unless— (a) the Minister is satisfied that the licensee has consented to the granting of an extractive industry work authority; or (b) if the licence is an exploration licence and the licensee is withholding consent, the
statutory endorsement means an endorsement of a work plan or a variation to an approved work plan under section 77TD. S. 77TB inserted by No. 59/2010 s. 45. 77TB Application of Part This Part applies to— (a) a work plan for work in respect of which a planning permit under the Planning and Environment Act 1987 is required; or (b) a variation of an approved work plan for a variation to work— (i) that is being carried out in accordance with the approved work plan; and (ii) in respect of which a planning permit under the Planning and Environment Act 1987 is required. S. 77TC inserted by No. 59/2010 s. 45, amended by No. 64/2012 s. 37. 77TC Giving of work plan or variation to approved work plan for statutory endorsement A licensee, a holder of an extractive industry work authority or a person who proposes to apply for an extractive industry work authority may, as the case requires, give to the Department Head, for statutory endorsement, a work plan or a variation to an approved work plan. S. 77TD inserted by No. 59/2010 s. 45. 77TD Department Head may endorse work plan or variation to approved work plan S. 77TD(1) substituted by No. 10/2014 s. 33(1). (1) Subject to this Part, on receiving a work plan or a variation to an approved work plan, the Department Head must, by written notice within 28 days— (a) ask for changes to be made to the work plan or variation to an approved work plan; or
section 46(5) of that Act that a statement of reasons will not be given. New Pt 7 (Heading) inserted by No. 6/2009 s. 20. S. 77U inserted by No. 6/2009 s. 20. 77U Definitions In this Part— auditor means an environmental auditor appointed under section 53S of the Environment Protection Act 1970; S. 77U def. of authority amended by Nos 55/2010 s. 56(1), 10/2014 s. 37. authority means― (a) an exploration licence, a mining licence, a prospecting licence or a retention licence under Part 2; or * * * * * (c) an extractive industry work authority; authority holder means the holder of an authority. 78 Licensee must rehabilitate land S. 78(1) amended by Nos 76/1998 s. 31(h), 59/2010 s. 27(1). (1) The holder of a mining licence or prospecting licence must rehabilitate land in accordance with the rehabilitation plan approved by the Department Head. S. 78(2) amended by Nos 86/1993 s. 30(1), 59/2010 s. 27(2). (2) The holder of an exploration licence or retention licence must rehabilitate land in accordance with the conditions in the licence. S. 78(3) repealed by No. 86/1993 s. 30(2). * * * * *
S. 82(1) amended by Nos 76/1998 s. 31(k), 6/2009 s. 27(a). (1) The Minister must return the bond or bonds to the authority holder or former authority holder as soon as possible if the Minister is satisfied— S. 82(1)(a) amended by No. 6/2009 s. 27(b). (a) that the land has been rehabilitated as required by section 78 or 78A (as the case may be); and (b) that the rehabilitation is likely to be successful. S. 82(2) amended by Nos 6/2009 s. 27(c), 68/2014 s. 51. (2) If the land is private land the Minister must not return the bond or bonds to the holder or former holder of a mining licence or prospecting licence or the holder or former holder of an extractive industry work authority until after the owner of the land and the council in whose municipal district the land is situated have been consulted. S. 82(3) inserted by No. 82/2000 s. 55, amended by Nos 6/2009 s. 27(d), 29/2011 s. 3(Sch. 1 item 60.3). (3) The Minister may, as a condition of returning a bond or bonds to an authority holder or a former authority holder, require that person to enter into a further rehabilitation bond if any land or part of the land to which the bond relates has not been rehabilitated, or requires further rehabilitation. 83 Minister may carry out rehabilitation (1) The Minister may take any necessary action to rehabilitate land if he or she— S. 83(1)(a) amended by No. 6/2009 s. 28(a). (a) is not satisfied that the land has been rehabilitated as required by section 78 or 78A (as the case may be); or (b) is satisfied that further rehabilitation of the land is necessary; or (c) is requested to do so by the owner of the land.
Pt 8 Div. 1 (Heading) inserted by No. 6/2009 s. 29. Division 1―General S. 84A inserted by No. 6/2009 s. 29. 84A Application of this Division This Division does not apply in any circumstances in which Division 2 applies. 85 What compensation is payable for S. 85(1) amended by No. 59/2010 s. 46(1). (1) Compensation is payable by the licensee to the owner or occupier of private land that is land affected for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including— (a) deprivation of possession of the whole or any part of the surface of the land; and (b) damage to the surface of the land; and (c) damage to any improvements on the land; and (d) severance of the land from other land of the owner or occupier; and (e) loss of amenity, including recreation and conservation values; and (f) loss of opportunity to make any planned improvement on the land; and S. 85(1)(g) amended by No. 82/2000 s. 57(1). (g) any decrease in the market value of the owner or occupier's interest in the land; and S. 85(1)(h) inserted by No. 82/2000 s. 57(1). (h) loss of opportunity to use tailings disposed of with the consent of the Minister under section 14(2).
S. 88(3)(a) amended by No. 91/1994 s. 28(2)(b). (a) it required the Tribunal or the Court (as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and S. 88(3)(b) amended by No. 91/1994 s. 28(2)(b). (b) section 91(1) provided that the licensee must pay the licensee's own costs and the costs of the other party unless— S. 88(3)(b)(i) substituted by No. 82/2000 s. 57(2). (i) the other party is not the owner or occupier of the land affected; or (ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably— in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper. (4) The licensee must lodge a copy of a determination under this section with the mining registrar for registration. S. 88A inserted by No. 82/2000 s. 59. 88A Determination of disputes—Crown land (1) A licensee may apply to the Tribunal for a review of any requirement made by the Minister under section 85A. (2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or other authority granted under an Act may apply to the Tribunal for a review of any decision made by the Minister under section 85A that affects the person. (3) An application for a review under this section must be made within 28 days after the later of— (a) the day on which the decision is made;
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given. 89 Limit on total amount of compensation S. 89(1) amended by No. 59/2010 s. 48(1). (1) The total amount of compensation payable under section 85(1) or (1A) in respect of any land must be no greater if the land is not owned and occupied by the same person than if it is. (2) Nothing in subsection (1) limits the amount of solatium payable to the owner or occupier under section 85(2). S. 89(3) inserted by No. 82/2000 s. 60, amended by Nos 59/2010 s. 48(2), 68/2014 s. 52. (3) The maximum amount of compensation that a court or the Tribunal may order to be paid under section 85(1)(e) or (1A)(d) (loss of amenity) is $10 000. Pt 8 Div. 2 (Heading and ss 89AA, 89AB) inserted by No. 6/2009 s. 31. Division 2―Extractive industries search authorities S. 89AA inserted by No. 6/2009 s. 31, amended by No. 68/2014 s. 53. 89AA Compensation―search authorities (1) Compensation is payable by the Crown to the owner or occupier of any land in respect of which an authority is granted under section 112 to enter for the purpose of searching for stone (a search authority) for damage that has been or will be sustained by the owner or occupier to crops or improvements, including permanent artificial water supply, by reason of any operation that has
S. 89F inserted by No. 63/2006 s. 45. 89F Availability of Code of Practice A Code of Practice and any documents incorporated in a Code of Practice must be made available for public inspection free of charge— (a) at the principal office of the Department and major regional offices of the Department; or (b) in electronic form published on the Department's Internet site. S. 89G inserted by No. 63/2006 s. 45, substituted by No. 6/2009 s. 32. 89G Code of Practice (1) Subject to subsection (2), a person is not liable to any civil or criminal proceedings merely because the person has failed to observe any provision of a Code of Practice. S. 89G(2) substituted by No. 10/2014 s. 39. (2) Subjection (1) does not apply to— (a) the holder of an extractive industry work authority that is subject to a condition of compliance with a Code of Practice under section 77J(2); or (b) the holder of a mining licence that is subject to a condition of compliance with a Code of Practice under section 26(2A); or (c) the holder of a prospecting licence that is subject to a condition of compliance with a Code of Practice under section 26(2A). S. 89H inserted by No. 63/2006 s. 45. 89H Use of Code of Practice in proceedings If in any proceeding under this Act it is alleged that a person contravened a provision of this Act in relation to which a Code of Practice was in effect at the time of the alleged contravention— (a) the Code of Practice is admissible in evidence in that proceeding; and
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 The Chief Inspector may, by instrument— S. 91(a) amended by Nos 82/2000 s. 61(b), 6/2009 s. 34(2). (a) delegate to an inspector any power of the Chief Inspector; or S. 91(b) substituted by No. 63/2006 s. 47. (b) delegate any power of an inspector to— (i) any person employed under Part 3 of the Public Administration Act 2004; or (ii) any employee of Parks established under the Parks Victoria Act 1998—
S. 105 amended by Nos 86/1993 s. 32, 56/1995 s. 42, 69/2000 s. 60, repealed by No. 82/2001 s. 34(b). * * * * * Pt 12 Div. 1 (Heading) inserted by No. 68/2014 s. 55. Division 1—Definitions S. 105A inserted by No. 68/2014 s. 55. 105A Definitions In this Part— authorised person means a person authorised by the Minister under section 110AB(2); authority means a licence, an extractive industry work authority, a miner's right or a tourist fossicking authority. Pt 12 Div. 2 (Heading) inserted by No. 68/2014 s. 55. Division 2—Infringements S. 106 amended by No. 32/2006 s. 94(Sch. item substituted by No. 6/2009 s. 35. 106 Infringements (1) An inspector who has reason to believe that a person has committed an offence against this Act or the regulations that is prescribed for the purposes of this Part may serve on that person an infringement notice. (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(e) a mining warden. (2) A person to whom this section applies must comply with any of the requirements of the regulations with respect to disclosure of interests. 50 penalty units. 119 Secrecy (1) This section applies to a person who has at any time— (a) exercised a power or discharged a function under this Act or the regulations; or (b) been employed for the purposes of, or in connection with, the administration of this Act. S. 119(2) amended by No. 68/2014 s. 60(1)(a). (2) A person to whom this section applies must not divulge or communicate to any person or publish any information obtained by him or her from an authority holder in the course of his or her official duties unless the divulgence, communication or publication is made— (a) with the written consent of the authority holder or the Minister; or (b) in connection with the administration of this Act; or (c) for the purpose of any legal proceedings under this Act. 100 penalty units. S. 119(3) amended by No. 68/2014 s. 60(1)(b). (3) The Minister may only consent under subsection (2)(a) if he or she is of the opinion that the authority holder is unreasonably withholding consent. S. 119(4) inserted by No. 68/2014 s. 60(2). (4) In this section— authority holder has the same meaning as in section 77U.
S. 124(1)(m) repealed by No. 82/2000 s. 70(b), new s. 124(1)(m) inserted by No. 57/2009 s. 32. (m) the method by which the amount of a mine stability levy is determined; and S. 124(1)(n) repealed by No. 82/2000 s. 70(b), new s. 124(1)(n) inserted by No. 57/2009 s. 32. (n) the date by which the mine stability levy or a part of the mine stability levy must be paid; and S. 124(1)(o) repealed by No. 63/2006 s. 54, new s. 124(1)(o) inserted by No. 57/2009 s. 32. (o) the method by which the mine stability levy or a part of the mine stability levy must be paid; and S. 124(1)(oa) inserted by No. 57/2009 s. 32. (oa) the period to which the mine stability levy will relate; and S. 124(1)(ob) inserted by No. 57/2009 s. 32, amended by No. 55/2010 s. 56(2). (ob) prescribing requirements for licensees or holders of extractive industry work authorities that relate to geotechnical or hydrogeological risks to public safety, the environment or infrastructure; and (p) prescribing— (i) infringements for which an infringement notice may be served; and S. 124(1) (p)(ii)(iii) repealed by No. 32/2006 s. 94(Sch. item 33(4)(a)). * * * * *
S. 124(1)(q) amended by No. 32/2006 s. 94(Sch. item 33(4)(b)). (q) the penalties for any infringement; and S. 124(1)(qa) inserted by No. 86/1993 s. 35(1), repealed by No. 55/2010 s. 55. * * * * * S. 124(1)(qb) inserted by No. 86/1993 s. 35(1), amended by No. 6/2009 s. 38(2). (qb) the health and safety of members of the public in relation to work done under a licence or an extractive industry work authority; S. 124(1)(qc) inserted by No. 86/1993 s. 35(1). (qc) requiring that any information required by the regulations be in the form of, or be supported by, a statutory declaration; (r) the disposal of, or otherwise dealing with, by the Minister of plant that becomes the property of the Crown under section 114; and (s) the information to be furnished to the Minister under section 116(1) and the times at which it must be furnished; and (t) requirements with respect to the disclosure of interests by persons to whom section 118 applies; and (u) applications under clause 2(10) of Schedule 2; and S. 124(1)(v) substituted by No. 82/2000 s. 70(c). (v) requiring the payment of fees for anything done under this Act or the regulations and prescribing those fees; and (w) prescribing forms; and
S. 124(4) amended by No. 78/2010 s. 24(Sch. 1 item 20.1). (4) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament. S. 124(5) repealed by No. 78/2010 s. 24(Sch. 1 item 20.2). * * * * * (6) If, under subsection (4), either House of Parliament disallows a regulation, no regulation which is the same in substance as the disallowed regulation may be made within 6 months after the date of the disallowance, unless the resolution to disallow the regulation has been rescinded by the House of Parliament by which it was passed. (7) Any regulation made in contravention of subsection (6) is void. S. 124(8) inserted by No. 69/2004 s. 56. (8) Regulations made under subsection (1)(v) may— (a) vary according to differences in time, place or circumstance; and (b) provide for different fees for— (i) different activities or classes of activities; or (ii) different cases or classes of cases; or (iii) different modes of providing any service in respect of which those fees apply. S. 125 repealed by No. 86/1993 s. 36. * * * * *
(1) Schedule 2 contains saving and transitional provisions. (2) The provisions of Schedule 2 are additional to and do not take away from the provisions of the Interpretation of Legislation Act 1984. S. 130 inserted by No. 82/2000 s. 71. 130 Saving and transitional amendments Schedule 5 contains saving and transitional provisions arising from the amendments made to this Act by the Mineral Resources Development (Amendment) Act 2000. S. 131 inserted by No. 71/2001 s. 5. 131 Saving and transitional amendments Schedule 6 contains saving and transitional provisions arising from the amendments made to this Act by the Mineral Resources Development (Further Amendment) Act 2001. S. 132 inserted by No. 89/2005 s. 6. 132 Transitional provision—2005 amendments The amendments made to this Act by the Mineral Resources Development (Brown Coal Royalties) Act 2005 do not affect the rate at which royalties are payable in respect of any lignite produced before the commencement of that Act. S. 133 inserted by No. 63/2006 s. 55. 133 Validation of certain exploration and mining work—2006 amendments (1) Despite section 45 (as in force immediately before the commencement date), a licensee who, before the commencement date, did any work under the licence within an area of land prohibited by section 45(1)(a)(i) to (x) (as in force immediately before the commencement date) or within 100 metres below that area is deemed always to have complied with section 45 in respect of that work if— 2000
(h) any bond or security lodged; or (i) any surety or security given; or (j) any charge on property created; or (k) any property vested; or (l) any notice given or served; or (m) any liability incurred; or (n) any power conferred; or (o) any entitlement granted; or (p) any right or privilege given or acquired; or (q) any exemption or immunity granted or conferred; or (r) any circumstances created; or (s) any other thing done— by or under that provision before its repeal. (2) The repeal by this Act of a provision of the Mines Act 1958 does not disturb the continuity of status, operation or effect of the registration under the Transfer of Land Act 1958 of any document existing for the purposes of, or in connection with, that provision or the capacity of any such document to be registered under the Transfer of Land Act 1958. 2. (1) In this clause— corresponding new title, in relation to a former title, means the licence, right or authority of the kind specified opposite the former title in column 2 of the Table in subclause (2); former title means lease, licence, claim, right, permit or authority of a kind specified in column 1 of the Table in subclause (2). (2) A lease, licence, claim, right, permit or authority under the Mines Act 1958 of a kind specified in
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 37), (Sch. Pt 2 item 36) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks and Legislation Amendment (River Red Gums) Act 2009, No. 82/2009 Assent Date: 8.12.09 Commencement Date: S. 42(1)(4) on 29.6.10: Government Gazette 24.6.10 p. 1274; s. 42(2)(3) on 30.9.10: s. 2(2) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks and Legislation Amendment () Act 2009, No. 90/2009 Assent Date: 15.12.09 Commencement Date: S. 25 on 20.8.10: Government Gazette 19.8.10 p. 1799 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Energy and Resources Legislation Amendment Act 2010, No. 55/2010 Assent Date: 14.9.10 Commencement Date: Ss 47–56 on 14.10.10: Government Gazette 14.10.10 p. 2404 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Amendment (Sustainable Development) Act 2010, No. 59/2010 (as amended by No. 29/2011) Assent Date: 14.9.10 Commencement Date: Ss 37, 41, 42, 51 on 14.10.10: Government Gazette 14.10.10 p. 2405; ss 4–36, 38–40, 43–50 on 1.2.12: s. 2(2) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Traditional Owner Settlement Act 2010, No. 62/2010 Assent Date: 21.9.10 Commencement Date: S. 140 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010