S. 4(1) def. of area work plan schedule inserted by No. 57/2009 s. 23. area work plan schedule means an area work plan schedule submitted under section 41AD; S. 4(1) def. of authority to commence work repealed by No. 82/2000 s. 4(d). * * * * * 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 of chief administrator amended by No. 86/1993 s. 5(1)(b), repealed by No. 76/1998 s. 31(a)(i).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 of chief mining inspector amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(d).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(1) def. of coal mine land inserted by No. 22/2017 s. 4. coal mine land means the land covered by any of the following licences (whether or not those licences are in force)— (a) mining licence No. 5003; (b) mining licence No. 5004; (c) mining licence No. 5189;
(b) land of the Crown occupied by a person under a lease, licence or other right under this or any other Act— but does not include land which is the subject of a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993; S. 4(1) def. of Crown land Minister inserted by No. 63/2006 s. 6(1)(c). Crown land Minister in relation to Crown land, means the Minister responsible for administering the Act under which the land is controlled or managed; S. 4(1) def. of declared mine inserted by No. 57/2009 s. 23. declared mine means a mine specified in an Order under section 7C; S. 4(1) def. of declared quarry inserted by No. 57/2009 s. 23. declared quarry means a quarry specified in an Order under section 7C; S. 4(1) def. of Department substituted by No. 86/1993 s. 5(1)(c), amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 12.1), 70/2013 s. 4(Sch. 2 item 32.1). Department means the Department of State Development, Business and Innovation;
S. 4(1) def. of occupier amended by No. 76/1998 s. 31(a)(ii). occupier means— (a) in relation to private land, any person lawfully in possession of the land; and (b) in relation to Crown land, the Secretary (as defined in the Conservation, Forests and Lands Act 1987); S. 4(1) def. of owner amended by Nos 86/1993 s. 5(1)(d), 35/1998 s. 18(b), 85/1998 s. 24(Sch. item 42) (as amended by No. 74/2000 s. 3(Sch. 1 item 129.2)), 63/2006 s. 6(1)(a). owner means— (a) in relation to Crown land, means the Crown land Minister; and * * * * * (d) in relation to private land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), the person who is registered or entitled to be registered as the proprietor of the land; and (e) in relation to other private land— (i) if the land is mortgaged, the mortgagor; and (ia) if the land is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee, under that Part, of the land; and (ii) in any other case, the person who has the fee in the land; petroleum means— (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or
other farm works and not for sale or any other commercial use. (5) The provisions of this Act relating to extractive industries do not apply to or with respect to the carrying out of any extractive activity within the meaning of the Catchment and Land Protection Act 1994. S. 5AB inserted by No. 6/2009 s. 8. 5AB Application of this Act to Alcoa land (1) For the purposes of the provisions of this Act relating to extractive industries, land in the leased area within the meaning of the definition of leased area in the agreement set out in the Schedule to the Mines (Aluminium Agreement) Act 1961 is deemed to be private land of which Alcoa of Australia Proprietary Limited ACN 004 879 298 is the owner for any purpose other than the determination and payment of royalties to the Crown. (2) The Minister must not grant an extractive industry work authority over any part of the leased area referred to in subsection (1) without the consent of the Minister administering the Conservation, Forests and Lands Act 1987. S. 5ABA inserted by No. 53/2017 s. 15. 5ABA Leased area (1) To avoid doubt, in this Act and in any other Act, the land within the meaning of the definition of leased area in the Agreement set out in the Mines (Aluminium Agreement) Act 1961 does not include any land that Alcoa of Australia Limited ACN 004 879 298 has surrendered its rights to under clause 10(8) of that Agreement. (2) In this section— Agreement has the same meaning as The Agreement has in section 2(a) of the Mines (Aluminium Agreement) Act 1961.
S. 6A inserted by No. 50/2002 s. 21. 6A Extent of application of licences and authorities under this Act to Deep Lead Nature Conservation Reserve (No. 2) (1) Despite section 14, a mining licence issued over the Deep Lead Nature Conservation Reserve (No. 2) does not entitle the holder to carry out mining on the land surface of the whole or any part of the Reserve. (2) Despite subsection (1), a mining licence granted over any part of the Deep Lead Nature Conservation Reserve (No. 2) may authorise the holder to construct and operate minor mining infrastructure on the land surface of the Reserve, if the Minister administering section 4 of the (Reserves) Act 1978 has consented to any such construction or operation. Consent under this subsection must not be unreasonably withheld. (3) A mining licence in respect of which a consent has been given under subsection (2) is subject to any terms and conditions imposed by the Minister administering section 4 of the (Reserves) Act 1978 as to the nature of the infrastructure and as to the effect the infrastructure may have on the Reserve. S. 6A(4) amended by No. 68/2014 s. 14. (4) Deep Lead Nature Conservation Reserve (No. 2) is exempted from being subject to a miner's right or tourist fossicking authority under Part 5. (5) In this section Deep Lead Nature Conservation Reserve (No. 2) means the land described in section 35 of the (Reserves) Act 1978. S. 7 (Heading) inserted by No. 10/2014 s. 5(1). 7 Minister may exempt land from being subject to a licence
S. 7(1) amended by Nos 82/2000 s. 7(1)(a), 59/2010 s. 5. (1) The Minister may, by writing signed by him or her, exempt any land from being subject to a licence. (2) The Minister may grant an exemption for any reason he or she decides to be appropriate, including but not limited to the following reasons— (a) if, in the Minister's opinion, the exemption is required to protect land that is of significant environmental importance; S. 7(2)(b) amended by No. 68/2014 s. 15(a). (b) if, in the Minister's opinion, the exemption is required for the implementation of a recommendation of the Land Conservation Council of which notice has been given under section 10(3) of the Land Conservation Act 1970 as in force before its repeal; S. 7(2)(ba) inserted by No. 68/2014 s. 15(b). (ba) if, in the Minister's opinion, the exemption is required for the implementation of a recommendation of the Victorian Environmental Assessment Council under the Victorian Environmental Assessment Council Act 2001 to the extent that it has been accepted by the Government; S. 7(2)(c) inserted by No. 82/2000 s. 7(1)(b). (c) if, in the Minister's opinion, the exemption is necessary to enable the orderly and optimal development of mineral resources in . S. 7(3) substituted by No. 10/2014 s. 5(2). (3) In deciding whether to grant an exemption, the Minister must take into account— (a) the known or potential value of the mineral resources and the impact that the proposed exemption may have on that value; and
E is the consumer price index number for the reference period ending on 30 June immediately preceding the financial year for which the determined amount is being calculated; F is the consumer price index number for the financial year ending on 30 June 2016; S. 12A(5) def. of consumer price index number substituted as consumer price index by No. 44/2014 s. 33(Sch. item 16(2)), substituted as consumer price index number by No. 40/2016 s. 31. consumer price index number means the all groups consumer price index number for Melbourne in original terms published by the Australian Bureau of Statistics; S. 12A(5) def. of gigajoule unit of lignite substituted by No. 59/2010 s. 33. gigajoule unit of lignite means a quantity of lignite which, when mined and measured at a prescribed time and in the prescribed manner, has a net wet specific energy content of 1 gigajoule. Pt 2 (Heading) amended by No. 59/2010 s. 6. Pt 2 Div. 1 (Heading) inserted by No. 63/2006 s. 7. Division 1—General licence provisions
S. 14B inserted by No. 59/2010 s. 8. 14B Prospecting licences (1) The holder of a prospecting licence is entitled— (a) to prospect or explore for minerals; and (b) to carry out mining on the land covered by the licence; and (c) to do anything else that is incidental to that mining. (2) To avoid doubt, the holder of a prospecting licence is entitled to apply for a mining licence or retention licence in respect of the land covered by the licence. S. 14B(2A) inserted by No. 64/2012 s. 17. (2A) The holder of a prospecting licence may with the consent of the Minister, and in accordance with any conditions imposed by the Minister on that consent, dispose of any tailings produced by the holder during work under the licence. (3) A prospecting licence— (a) is current for the time specified in the licence, not exceeding 5 years from the date on which it is registered; and (b) cannot be renewed; and (c) applies to the land described in the licence. (4) The area of the land described in a prospecting licence must not exceed 5 hectares. S. 14B(5) inserted by No. 68/2014 s. 18. (5) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a prospecting licence is declared not to be personal property. S. 14BA inserted by No. 64/2012 s. 18. 14BA Holder of prospecting licence must not dispose of tailings contrary to Minister's consent A holder of a prospecting licence must not dispose of any tailings contrary to any consent of the Minister under section 14B(2A).
S. 15(1A)(ba) inserted by No. 59/2010 s. 9(2). (ba) a prospecting licence over land that is covered by a prospecting licence or that is the subject of an application for a prospecting licence; or S. 15(1A)(bb) inserted by No. 59/2010 s. 9(2). (bb) a retention licence over land that is covered by a retention licence or that is the subject of an application for a retention licence; or S. 15(1A)(c) amended by No. 59/2010 s. 9(3)(a). (c) a mining licence over land that is covered by an exploration licence or a prospecting licence or retention licence unless— S. 15(1A)(c)(i) amended by No. 59/2010 s. 9(3)(b). (i) the applicant is the holder of the exploration licence, prospecting licence or retention licence; or S. 15(1A)(c)(ii) substituted by No. 82/2000 s. 14(1)(a), amended by No. 59/2010 s. 9(3)(b). (ii) the application is accompanied by the written consent of the holder of the exploration licence, prospecting licence or retention licence to the granting of the licence; or S. 15(1A)(c)(iii) inserted by No. 82/2000 s. 14(1)(a), repealed by No. 59/2010 s. 9(3)(c). * * * * * S. 15(1A)(ca) inserted by No. 59/2010 s. 9(4). (ca) a prospecting licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence unless— (i) the applicant is the holder of, or the applicant for, the exploration licence; or (ii) the application is accompanied by the written consent of the holder of, or the applicant for, the exploration licence to the granting of the licence; or
S. 15(1A)(i) inserted by No. 82/2000 s. 14(1)(c). (i) a licence over land that was the subject of a previous application if the application is lodged less than 28 days after the previous application lapsed, or was withdrawn, rejected or not accepted. S. 15(1AB) inserted by No. 10/2014 s. 7. (1AB) Subsection (1A)(h) and (i) do not apply if— (a) the person who applied for the licence is the holder of an exploration licence, mining licence or retention licence covering land that surrounds the area of the application; and (b) the land was previously covered by— (i) a mining licence not exceeding 5 hectares; or (ii) a prospecting licence; or (iii) an application for a prospecting licence. S. 15(1B) inserted by No. 86/1993 s. 9(1), amended by No. 59/2010 s. 9(6). (1B) An application of a kind described in paragraphs (a) to (e) of subsection (1A) must be taken to be an application for an exploration licence, mining licence, prospecting licence or retention licence (as the case requires) over any other land to which it relates. S. 15(1BA) inserted by No. 59/2010 s. 9(7). (1BA) An application for a licence must specify the mineral or minerals to which the licence will relate. S. 15(1BAA) inserted by No. 8/2017 s. 5. (1BAA) An application for an exploration licence, a mining licence or a retention licence is ineffective, and must not be accepted by the Minister, to the extent that it specifies that the licence is to relate to coal seam gas. S 15(1BB) inserted by No. 59/2010 s. 9(7). (1BB) An application for a mining licence (other than an infrastructure mining licence) or a retention licence must describe, in accordance with the guidelines issued by the Minister, a mineral resource.
lapses if the information is not given to the Minister within 6 months after the request was made (unless the Minister withdraws the request within that time). S. 15(2) substituted by No. 82/2000 s. 14(3). (2) If the Minister does not accept an application, he or she must notify the applicant in writing that the application has not been accepted and must include in the notification details of the reasons why it was not accepted. S. 15(3) amended by No. 76/1998 s. 31(b), substituted by No. 82/2000 s. 14(3). (3) If the Minister accepts an application, he or she must notify the applicant in writing that the application has been accepted, and must include in the notification— S. 15(3)(aa) inserted by No. 64/2012 s. 19(3). (aa) if the application is not the only application that has been accepted, a statement that more than one application has been received and accepted and that the applications will be ranked in accordance with this Part; or S. 15(3)(a) amended by No. 64/2012 s. 19(4). (a) if, because of section 23, the application has a lower ranking than another application, a statement that another application has a higher ranking; or S. 15(3)(b) amended by No. 64/2012 s. 19(5). (b) in any other case, a statement that the application has the highest ranking. S. 15(4) amended by Nos 76/1998 s. 31(b), 64/2012 s. 19(6). (4) On an application ceasing to have a lower ranking than another application, the Department Head must notify the applicant that the application has the highest ranking. S. 15(5) amended by Nos 53/2011 s. 3, 64/2012 s. 19(7). (5) An applicant for a licence must, within 14 days after being notified under subsection (3)(b) or (4) that the application has the highest ranking, advertise the application in accordance with the
(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. 22 amended by Nos 86/1993 s. 10(a)(b), 76/1998 s. 31(b), repealed by No. 82/2000 s. 17. * * * * * S. 23 (Heading) inserted by No. 64/2012 s. 21(1). S. 23 substituted by No. 82/2000 s. 18. 23 Ranking of applications S. 23(1) amended by No. 64/2012 s. 21(2). (1) If more than one application for a licence in respect of the same land is received on the same day, the Minister must rank those applications in accordance with this section. S. 23(2) amended by No. 64/2012 s. 21(3). (2) The Minister must give the highest ranking to the application that he or she believes will best further the objectives of this Act after considering— (a) the relative merits of the applications; and
S. 26(2)(d) repealed by No. 82/2000 s. 21(1), new s. 26(2)(d) inserted by No. 63/2006 s. 11(2)(a). (d) providing and implementing environmental offsets on the land or any other land; S. 26(2)(da) inserted by No. 59/2010 s. 13(1). (da) work undertaken under a licence; (e) expenditure; (f) reporting the discovery of minerals; (g) entering into a rehabilitation bond; (h) payment of fees; S. 26(2)(ha) inserted by No. 82/2000 s. 21(2). (ha) payment of an environmental levy; S. 26(2)(i) substituted by No. 89/2005 s. 5. (i) payment of royalties, other than royalties in respect of lignite; S. 26(2)(j) substituted by No. 86/1993 s. 12(1), amended by No. 63/2006 s. 11(2)(b). (j) access to and use of the land by the holder of another licence that is limited to a particular stratum; S. 26(2)(k) repealed by No. 86/1993 s. 12(1), new s. 26(2)(k) inserted by No. 63/2006 s. 11(2)(c). (k) protection of community facilities.
S. 34(1A) inserted by No. 82/2000 s. 29(2), repealed by No. 63/2006 s. 20(1). * * * * * (2) The Minister may act under subsection (1)— (a) at the request of the licensee; or S. 34(2)(ab) inserted by No. 47/2015 s. 8(1). (ab) if the Minister decides it is necessary to eliminate or minimise the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; or S. 34(2)(b) amended by No. 47/2015 s. 8(2). (b) if the Minister decides it is necessary for the rehabilitation or stabilisation of the land to which the licence applies; or S. 34(2)(ba) inserted by No. 63/2006 s. 20(2)(a). (ba) if the Minister decides it is necessary to ensure that appropriate environmental offsets are provided for or implemented; or S. 34(2)(c) substituted by No. 63/2006 s. 20(2)(b). (c) if the Minister decides it is necessary for the protection of a community facility; or S. 34(2)(ca) inserted by No. 86/1993 s. 16(2). (ca) if the Minister decides it is necessary for the purpose of allowing access to and use of the land to which the licence applies by the holder of another licence that is limited to a particular stratum; or S. 34(2)(cb) inserted by No. 86/1993 s. 16(2), amended by Nos 63/2006 s. 20(2)(c), 10/2014 s. 11(1). (cb) if the Minister decides it is necessary because of any condition imposed on the approval of a work plan or of a variation of a work plan under section 40A or 41AAB; or
(d) in any other circumstances that are prescribed. S. 34(2A) inserted by No. 82/2000 s. 29(3), repealed by No. 63/2006 s. 20(3), new s. 34(2A) inserted by No. 10/2014 s. 11(2). (2A) The Minister may also act under subsection (1) to make compliance with the Code of Practice a condition of— (a) a mining licence that— (i) covers an area of 5 hectares or less; and (ii) does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments; or (b) a prospecting licence that does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments. S. 34(3) amended by No. 86/1993 s. 16(3). (3) A variation of a licence or a variation, suspension, revocation or addition of a licence condition has no effect until the instrument by which it was done is registered. S. 35 substituted by No. 82/2000 s. 30. 35 Combined conditions (1) The Minister may treat 2 or more licences of the same type held by the same person as a single licence over the combined areas covered by the licences for the purpose of determining whether conditions of any of those licences about expenditure have been complied with. (2) The Minister may do this— (a) at the request of the licensee; or (b) on the Minister's own initiative, after consultation with the licensee. (3) It is not necessary that areas combined for the purposes of this section adjoin each other.
S. 41AB inserted by No. 57/2009 s. 27. 41AB Reporting requirements for declared mines A holder of a licence in respect of a declared mine must provide a report containing the prescribed particulars to the Department Head in accordance with the regulations. 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.
S. 42(1) amended by No. 76/1998 s. 31(d), substituted by No. 82/2000 s. 40(1), amended by No. 59/2010 s. 24(2), substituted by No. 10/2014 s. 21(1). (1) The holder of a mining licence or prospecting licence must not carry out any work on the land covered by the licence unless— (a) the licensee has an approved work plan if required under this Act; and Note Section 40 contains the requirements for a work plan. (b) the licensee has entered into a rehabilitation bond in accordance with section 80; and (c) the licensee has obtained all the necessary consents and other authorities required by or under this or any other Act; and (d) the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and (e) the licensee has obtained the insurance required under section 39(5); and (f) any consent under section 45 or authorisation under section 46 has been registered; and (g) the licensee has given 7 days notice to— (i) the Chief Inspector; and (ii) the owners and occupiers of the land affected— of the licensee's intention to commence work; and (h) if the land affected is private land— (i) the licensee has obtained the written consent of the owners and occupiers of the land affected; or (ii) the licensee has made and registered compensation agreements with those owners and occupiers; or
S. 42(7)(b) amended by No. 10/2014 s. 21(2)(a). (b) an assessment of that Statement by the Minister administering the Environment Effects Act 1978 has been submitted to the Minister. S. 42(7)(c) amended by No. 76/1998 s. 31(d), substituted by No. 82/2000 s. 40(7), amended by No. 63/2006 s. 30(3), repealed by No. 10/2014 s. 21(2)(b). * * * * * S. 42(8) inserted by No. 86/1993 s. 22, amended by No. 64/2012 s. 32. (8) In addition to any other power to prepare, adopt or approve amendments to planning schemes, the Minister administering the Planning and Environment Act 1987 may— (a) on the recommendation of the Minister prepare; and (b) adopt and approve— amendments to any planning scheme to facilitate the carrying out of mining on land covered by a mining licence or prospecting licence in accordance with that licence. S. 42(9) inserted by No. 86/1993 s. 22, amended by No. 64/2012 s. 32. (9) Without limiting what an amendment may include, an amendment prepared under subsection (8) may provide that, in the circumstances set out in subsection (7), no permit is required to carry out mining on land covered by a mining licence or prospecting licence in accordance with that licence. S. 42(10) inserted by No. 86/1993 s. 22. (10) The Planning and Environment Act 1987 (except section 12(2), Divisions 1 and 2 of Part 3 and section 39(1) to (6) and any regulations made for the purposes of those provisions) applies to the
Pt 4 (Heading and ss 48–54) amended by Nos 86/1993 s. 27, 46/1998 s. 7(Sch. 1), 76/1998 s. 31(e), 108/2004 s. 117(1) (Sch. 3 items 134.2, 134.3), 80/2006 s. 26(Sch. item 71.1), repealed by No. 59/2010 s. 39. * * * * * Pt 4A (Heading and ss 54A–54M) inserted by No. 63/2006 s. 37. Division 1—Appointment of panels S. 54A inserted by No. 63/2006 s. 37, amended by No. 6/2009 s. 18. 54A Appointment of advisory panels The Minister may appoint a panel to consider and advise on any matter relating to exploration, mining, extractive industries, or the administration of this Act, referred to the panel by the Minister. S. 54B inserted by No. 63/2006 s. 37. 54B Composition of panel (1) A panel may consist of one or more persons. (2) In appointing a person to be a member of a panel, the Minister must be satisfied that the person has appropriate knowledge, skills or experience. S. 54C inserted by No. 63/2006 s. 37. 54C Chairperson If a panel consists of more than one member, the Minister must appoint one of the members to be the chairperson.
S. 59(1) substituted by No. 82/2000 s. 51(1), amended by Nos 25/2008 s. 14(1), 64/2012 s. 35(1). (1) A tourist fossicking authority entitles the holder, or any employee or agent of the holder if the holder is not a natural person, and any person accompanied by the holder to search for minerals at the times, and subject to the conditions, specified in the authority on any of the following land that is specified in the authority, unless the land is covered by a mining licence, prospecting licence or retention licence— (a) private land, but only with the consent of the owner or occupier; and S. 59(1)(b) amended by No. 50/2002 s. 23. (b) Crown land (other than land exempted under section 6, 6A or 7 of this Act). S. 59(1A) inserted by No. 82/2000 s. 51(1), amended by Nos 25/2008 s. 14(2), 64/2012 s. 35(2). (1A) If the land is covered by a mining licence, prospecting licence or retention licence, the holder of the authority and any person accompanied by the holder, or any employee or agent of the holder if the holder is not a natural person, are entitled to search for minerals on the land under a tourist fossicking authority if— (a) the land is specified in the authority; and (b) the holder of the authority has, in addition to any consent required under subsection (1), the consent of the licensee. S. 59(2) amended by No. 59/2010 s. 38. (2) A tourist fossicking authority is current for the time, not exceeding 10 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).
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;
approved form evidencing the devolution is registered. (2) Subsection (1) applies despite anything in any Act or rule of law to the contrary. 73 Correction of register S. 73(1) amended by No. 82/2000 s. 52(2). (1) The Department Head may correct any error or omission in the register by— (a) inserting an entry; or (b) amending an entry; or (c) omitting an entry— if he or she decides that the correction is necessary. S. 73(2) amended by No. 82/2000 s. 52(2). (2) The Department Head may make the correction on his or her initiative or on the application of any person. S. 73(3) amended by No. 82/2000 s. 52(2). (3) The Department Head must notify the licensee of any correction made under this section that affects the licence. S. 73(4) substituted by No. 52/1998 s. 311(Sch. 1 item 64.6), amended by No. 82/2000 s. 52(2). (4) A person whose interests are affected by a decision of the Department Head to correct the register may apply to the Tribunal for review of the decision. S. 73(5) substituted by No. 52/1998 s. 311(Sch. 1 item 64.6). (5) An application for review 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 person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is
informed under section 46(5) of that Act that a statement of reasons will not be given. 74 Disclosure of registered information 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—
which the extractive industry work authority applies; or S. 77M(2)(c) amended by No. 55/2010 s. 53, substituted by No. 47/2015 s. 14(2). (c) if the Minister decides it is necessary to eliminate or minimise the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work. (3) The Minister must not act under subsection (1) unless he or she has consulted with the holder of the extractive industry work authority and the municipal council in whose municipal district the land is situated. S. 77N inserted by No. 6/2009 s. 20. 77N Transfer of an extractive industry work authority (1) The holder of an extractive industry work authority may, with the consent in writing of the Minister, transfer that work authority to another person. (2) The Minister must consent to the transfer of an extractive industry work authority if— (a) the person to whom the extractive industry work authority is to be transferred has entered into a rehabilitation bond for an amount determined by the Minister; and S. 77N(2)(b) amended by No. 68/2014 s. 46(1). (b) in the case of an existing extractive industry work authority holder who has a work plan, the Minister is satisfied that the work plan relating to the extractive industry work authority is adequate. S. 77N(3) amended by No. 68/2014 s. 46(2). (3) If the existing extractive industry work authority holder has a work plan and the Minister is not satisfied that the work plan relating to the extractive industry work authority is adequate, the Minister may consent to the transfer of the extractive industry work authority subject to the person to whom the extractive industry work authority is to be transferred being required to
(a) in the case of variation to an approved work plan for work under a licence, any of the matters set out in section 26(2); (b) in the case of variation to an approved work plan for work under an extractive industry work authority, any of the matters set out in section 77J(1). S. 77TD(5) amended by No. 64/2012 s. 38(2) (as amended by No. 70/2013 s. 3(Sch.1 item 47.2)). (5) The Department Head must, as the case requires, give the licensee, holder of an extractive industry work authority or person proposing to apply for an extractive industry work authority who gave the work plan or the variation to an approved work plan, his or her statement of reasons for his or her decision under this section. S. 77TE inserted by No. 59/2010 s. 45. 77TE Department Head must give work plan or variation application to referral authority S. 77TE(1) amended by No. 10/2014 s. 34(1). (1) On receiving a work plan or a variation to an approved work plan, the Department Head must, within 28 days, give a copy of the work plan or variation to an approved work plan to every referral authority that the Department Head considers, having regard to the kind of work proposed under the work plan or variation, should be given the work plan or variation. (2) Before complying with subsection (1), the Department Head must be satisfied that the work plan or the variation to an approved work plan complies with the regulations. S. 77TE(3) inserted by No. 10/2014 s. 34(2). (3) If the Department Head gives a copy of the work plan or variation to an approved work plan to a referral authority, the Department Head must, by written notice, endorse or refuse to endorse the work plan or the variation to the approved work plan—
(4) The owner of land may request the licensee to enter into a written agreement as to the rehabilitation plan. S. 78A inserted by No. 6/2009 s. 21. 78A Holder of extractive industry work authority must rehabilitate land (1) The holder of an extractive industry work authority must rehabilitate land in accordance with the rehabilitation plan approved by the Department Head. (2) The holder of an extractive industry work authority must rehabilitate land in accordance with the conditions in the authority. 79 Rehabilitation plan A rehabilitation plan must— (a) take into account— (i) any special characteristics of the land; and (ii) the surrounding environment; and (iii) the need to stabilise the land; and S. 79(a)(iv) amended by Nos 6/2009 s. 22(1), 68/2014 s. 49(a). (iv) the desirability or otherwise of returning agricultural land to a state that is as close as is reasonably possible to its state before the mining licence, prospecting licence or extractive industry work authority was granted; and S. 79(a)(v) inserted by No. 82/2000 s. 53. (v) any potential long term degradation of the environment; and
certificate to the Minister within 21 days after giving that certification. 80 Rehabilitation bond S. 80(1) amended by No. 6/2009 s. 24(1). (1) A licensee or an applicant for an extractive industry work authority must enter into a rehabilitation bond for an amount determined by the Minister. S. 80(2) amended by No. 76/1998 s. 31(j)(i), substituted by No. 63/2006 s. 42, amended by No. 68/2014 s. 50(a). (2) If land covered by a mining licence or prospecting licence is private land, the Minister must, before determining the amount of a rehabilitation bond, consult with— (a) the council in whose municipal district the land is situated; and (b) the owner of the land. S. 80(2A) inserted by No. 6/2009 s. 24(2). (2A) If the land that is proposed to be covered by an extractive industry work authority is private land, the Minister must, before determining the amount of a rehabilitation bond, consult with the council in whose municipal district the land is situated. S. 80(3) amended by Nos 76/1998 s. 31(j)(ii), 6/2009 s. 24(3). (3) The condition of a rehabilitation bond is that the authority holder rehabilitates the land as required by section 78 or 78A to the satisfaction of the Minister. S. 80(4) amended by Nos 6/2009 s. 24(4)(b), 29/2011 s. 3(Sch. 1 item 60.1), 10/2014 s. 38(1). (4) The Minister may, at any time after a rehabilitation bond is entered into and after consultation with the authority holder, by notice served on the authority holder require the authority holder to enter into a further rehabilitation bond within 28 days after service of that notice, or by a later date specified in the notice, for an amount determined by the Minister
(b) in the case of the making of the Code of Practice or any variation, the place where copies of the Code of Practice may be obtained. (3) A Code of Practice or a variation or revocation of a Code of Practice takes effect on— (a) the date that the notice under subsection (2) is published in the Government Gazette; or (b) any later date specified in the notice. 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
S. 95S inserted by No. 63/2006 s. 49. 95S Protection against self-incrimination (1) A natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Part if giving the information or doing the other thing would tend to incriminate the person. (2) However, subsection (1) does not apply to— (a) the production of a document or part of a document that the person is required by this Part to produce; or (b) the giving of a person's name or address in accordance with section 95L. S. 95T (Heading) amended by No. 69/2009 s. 54(Sch. Pt 1 item 37.2). S. 95T inserted by No. 63/2006 s. 49. 95T Legal professional privilege and client legal privilege not affected Nothing in this Act or the regulations— S. 95T(a) amended by No. 69/2009 s. 54(Sch. Pt 1 item 37.3). (a) entitles or requires a person to disclose information that is the subject of legal professional privilege or client legal privilege; or S. 95T(b) amended by No. 69/2009 s. 54(Sch. Pt 1 item 37.3). (b) affects the law or practice relating to legal professional privilege or client legal privilege.
S. 108 repealed by No. 25/2008 s. 16(1), new s. 108 inserted by No. 68/2014 s. 56. 108 Offence to contravene an undertaking The holder of an authority must not contravene an undertaking entered into by the holder under section 107 that is in force. Penalty: In the case of a corporation, 2500 penalty units. Penalty: In any other case, 500 penalty units. S. 109 repealed by No. 86/1993 s. 33. * * * * * Pt 12 Div. 4 (Heading) inserted by No. 68/2014 s. 57(a). Division 4—Remedial notices and orders and enforcement orders S. 110 (Heading) inserted by No. 84/2012 s. 6(1) (as amended by No. 70/2013 s. 3(Sch. 1 item 35)). 110 Notice requiring authority holder to take action or stop work S. 110(1) substituted by Nos 82/2000 s. 64(1), 63/2006 s. 51(1). (1) This section applies if the Minister believes on reasonable grounds that— S. 110(1)(a) amended by No. 84/2012 s. 6(2). (a) an act or omission by the holder of an authority is likely to result in a risk to public safety, the environment, land, property or infrastructure; or (b) the holder of an authority— (i) has contravened or is likely to contravene this Act or the regulations; or
(2) This section does not apply if, owing to a circumstance such as the loss of a document needed to comply with this Act, it is not possible for a person to comply with the provision in respect of which the offence was committed. S. 112 (Heading) amended by No. 68/2014 s. 58(1). 112 Surveys, searches and drilling operations S. 112(1) substituted by No. 82/2000 s. 66(1), amended by No. 68/2014 s. 58(2)(a). (1) The Minister may authorise in writing any person to enter, or fly over, any land for the purpose of making a land, mining, geological survey or searching for stone on behalf of the Department. S. 112(2) amended by No. 82/2000 s. 66(2). (2) The Minister may authorise in writing any person to enter any land for the purpose of the carrying out by the Department of any drilling operations for minerals. (3) A person authorised to enter land under subsection (1) or (2)— S. 112(3)(a) amended by Nos 82/2000 s. 66(2), 68/2014 s. 58(2)(b). (a) may do any thing on the land that is necessary for the purposes of the survey, search or drilling operations; and (b) must cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and (c) must remain on the land only for so long as is reasonably necessary; and
S. 123 amended by No. 27/1991 s. 4(5), substituted by No. 82/2000 s. 69. 123 Supreme Court—limitation of jurisdiction It is the intention of section 89(3), as inserted by section 60 of the Mineral Resources Development (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975. 124 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) the rate or method of assessment, and the times of payment, of royalties; and S. 124(1)(aa) inserted by No. 59/2010 s. 49. (aa) methodologies for measuring the net wet specific energy content of lignite; S. 124(1)(ab) inserted by No. 59/2010 s. 49. (ab) the time at which, and the manner in which, lignite may be sampled for the purpose of measuring the net wet specific energy content of lignite; (b) applications for a licence and renewal of a licence; and S. 124(1)(ba) inserted by No. 6/2009 s. 38(1). (ba) applications for an extractive industry work authority and variation of an extractive industry work authority; and S. 124(1)(c) amended by No. 82/2000 s. 70(a). (c) the advertisement of applications for licences; and S. 124(1)(d) substituted by No. 68/2014 s. 61. (d) the manner of surveying the boundaries of land; and S. 124(1)(e) repealed by No. 25/2008 s. 16(2). * * * * *
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;
Sch. 3 cl. 4A inserted by No. 50/2002 s. 24(3), substituted by Nos 64/2004 s. 34(2), 57/2006 s. 31(1), amended by No. 90/2009 s. 25(1). 4A. Any land that is described in Divisions 1 to 6 and 9 of Part 3 and Division 1 of Part 4 of the Fifth Schedule to the (Reserves) Act 1978. Sch. 3 cl. 4AB inserted by No. 82/2009 s. 42(3). 4AB. Any land described in Division 2A of Part 4A of the Fifth Schedule to the (Reserves) Act 1978. Sch. 3 cl. 4AC inserted by No. 12/2016 s. 11. 4AC. Any land described in Division 6 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978. Sch. 3 cl. 4AD inserted by No. 12/2016 s. 12. 4AD. Any land described in Division 7 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978. Sch. 3 cl. 4B inserted by No. 57/2006 s. 31(2). 4B. Any land that is described in Part 8 of Schedule Four to the National Parks Act 1975. Sch. 3 cl. 4BA inserted by No. 82/2009 s. 42(4). 4BA. Any land described in Divisions 4 and 5 of Part 4A of the Fifth Schedule to the (Reserves) Act 1978. Sch. 3 cl. 4BB inserted by No. 12/2016 s. 13. 4BB. Any land described in Division 4 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978. Sch. 3 cl. 4C inserted by No. 54/2008 s. 23. 4C. Any land described in Division 1 or 2 of Part 7 of the Fifth Schedule to the (Reserves) Act 1978. Sch. 3 cl. 4D inserted by No. 90/2009 s. 25(2). 4D. Any land described in Divisions 15 to 26 of Part 1 of the Fifth Schedule to the (Reserves) Act 1978.