in respect of any stratum of private land immediately below which there is unalienated Crown land and who proposes to carry out an extractive industry on that unalienated Crown land is to be regarded as the owner of that Crown land for the purpose of obtaining a work authority for the carrying out of that extractive industry. (3) Despite subsection (2), the stone in any Crown land to which that subsection applies remains the property of the Crown and that person must pay royalties for the stone extracted or removed from the land and the extractive industry work authority may provide for the determination and payment of royalties accordingly. S. 12 amended by No. 86/1993 s. 6(a). 12 Royalties s. 12 S. 12(1) amended by Nos 89/2005 s. 3, 64/2012 s. 14(1). (1) Subject to section 12A, the holder of a mining licence or prospecting licence must pay royalties in accordance with the rate or method of assessment and at the times— (a) specified in the licence, after consultation by the Minister with the licensee; or (b) prescribed, if not specified in the licence. S. 12(2) inserted by No. 86/1993 s. 6(b), amended by Nos 82/2000 s. 11(a)(b), 64/2012 s. 14(2). (2) Without limiting subsection (1), the holder of a mining licence or prospecting licence must, unless the Minister decides otherwise, pay royalties in respect of the disposal under section 14(2)(b) of tailings resulting from work under a licence over Crown land in accordance with the rate or method of assessment and at the times prescribed. S. 12(3) inserted by No. 6/2009 s. 13. (3) The holder of an extractive industry work authority to be carried out on Crown land must pay royalties in accordance with the rate or method of assessment and at the times—
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 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 (iii) the exploration licence was first registered more than 2 years before the
application for the prospecting licence was lodged; or S. 15(1A)(cb) inserted by No. 59/2010 s. 9(4). (cb) a prospecting licence over land that is covered by a retention licence or that is the subject of an application for a retention licence unless— (i) the applicant is the holder of, or the applicant for, the retention licence; or (ii) the application is accompanied by the written consent of the holder of, or the applicant for, the retention licence to the granting of the licence; or S. 15(1A)(cc) inserted by No. 59/2010 s. 9(4). (cc) a retention 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)(cd) inserted by No. 59/2010 s. 9(4). (cd) a retention licence over land that is covered by a prospecting licence or that is the subject of an application for a prospecting licence unless— s. 15 (i) the applicant is the holder of, or the applicant for, the prospecting licence; or (ii) the application is accompanied by the written consent of the holder of, or the applicant for, the prospecting licence to the granting of the licence; 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). * * * * * 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 s. 35 (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. 36 Amalgamation of licences 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. 38(1)(b)(i) amended by Nos 86/1993 s. 17(1)(a), 82/2000 s. 33(1)(b). (i) the licensee has not substantially complied with— (A) this Act or the regulations; or S. 38(1) (b)(i)(B) amended by No. 63/2006 s. 23(1). (B) any condition to which the licence or the work plan is subject or any condition specified under section 44; or (C) any relevant planning scheme or permit; or S. 38(1)(b)(ii) amended by No. 82/2000 s. 33(1)(b). (ii) the licensee has unreasonably delayed in trying to obtain any necessary consent or other authority; or S. 38(1)(b)(iii) amended by No. 82/2000 s. 33(1)(b). (iii) the licensee has not commenced work within the time specified in or allowed under section 42(5); or S. 38(1)(b)(iiia) inserted by No. 59/2010 s. 22(1). (iiia) subject to subsection (1AA), in the case of a licensee who is a holder of a mining licence, the licensee has stopped mining on land covered by the licence and has not carried out any mining on that land for a continuous period of 2 years; or S. 38(1)(b)(iv) amended by No. 82/2000 s. 33(1)(b). (iv) the licensee has endangered the public or an employee on or near the land covered by the licence; or s. 38 S. 38(1)(b)(v) amended by No. 82/2000 s. 33(1)(b). (v) the licensee has undertaken work on land otherwise than in accordance with the work plan; or S. 38(1)(b)(vi) amended by Nos 86/1993 s. 17(1)(b), 82/2000 s. 33(1)(c)(d). (vi) the licensee subject to subsection (1A), no longer complies with section 15(6)(a) to (d); or
S. 38(1B) inserted by No. 86/1993 s. 17(2). (1B) The Minister may cancel a licence, by instrument served on the licensee— s. 38 (a) in the case of a mining licence, if— S. 38(1B)(a)(i) amended by No. 82/2000 s. 33(3). (i) the licensee has not applied for a work authority within 12 months (or any longer period allowed by the Minister) after the licence was granted; or S. 38(1B)(a)(ii) amended by No. 82/2000 s. 33(3). (ii) a work authority has been refused or has lapsed; S. 38(1B)(b) amended by Nos 82/2000 s. 61(b), 6/2009 s. 14. (b) in the case of an exploration licence if the licensee has not commenced work within 3 months (or any longer period allowed by the Minister) after notifying the Chief Inspector under section 43(1)(d)(i) of the licensee's intention to commence work. S. 38(2) repealed by No. 63/2006 s. 23(2). * * * * * S. 38(2A) inserted by No. 82/2000 s. 33(4). (2A) The Minister must, by instrument served on the licensee, cancel a mining licence if a work authority is not granted for that licence within 18 months after the date the grant of the licence is registered, unless the Minister is satisfied that— (a) the licensee has been unable to obtain the consents and authorities needed to enable the grant of the work authority, despite genuine attempts to do so; or
region means the region constituted by the municipal boundaries of the Latrobe City Council and Wellington Shire Council; region coal mine means a coal mine that— (a) is prescribed for the purposes of the mine stability levy; and (b) is situated within the region; mine stability levy means the levy referred to in section 38AAB. S. 38AAB inserted by No. 57/2009 s. 25. 38AAB Mine stability levy imposed This Division imposes a levy (the mine stability levy) for the purpose of providing measures designed to decrease geotechnical and hydrogeological risks to mine stability in the Latrobe Valley region coal mines. S. 38AAC inserted by No. 57/2009 s. 25. 38AAC Who is liable for mine stability levy? A holder of a mining licence in respect of a Latrobe Valley region coal mine is liable to pay the Minister the mine stability levy. S. 38AAD inserted by No. 57/2009 s. 25. 38AAD Amount of the mine stability levy The mine stability levy is the amount determined in accordance with the regulations. S. 38AAE inserted by No. 57/2009 s. 25. 38AAE When and how is the mine stability levy to be paid? s. 38AAB A holder of a mining licence in respect of a Latrobe Valley region coal mine must pay the mine stability levy to the Minister by the date or dates and in the manner and in respect of the period specified under the regulations. _______________
S. 42(2) amended by No. 76/1998 s. 31(d). (2) The Department Head must grant that authority, if he or she is satisfied— (a) that the licensee— (i) has an approved work plan; and (ii) has entered into a rehabilitation bond in accordance with section 80; and (iii) has obtained all the necessary consents and other authorities required by or under this or any other Act; and S. 42(2)(a)(iv) inserted by No. 63/2006 s. 30(1). (iv) has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and S. 42(2)(a)(v) inserted by No. 63/2006 s. 30(1). (v) has obtained the insurance required under section 39(5); and S. 42(2)(ab) inserted by No. 63/2006 s. 30(2). (ab) any consent under section 45 or authorisation under section 46 has been registered; and S. 42(2)(b) amended by No. 82/2000 s. 40(2)(a). (b) that 7 days have passed since the licensee notified— S. 42(2)(b)(i) amended by Nos 82/2000 s. 61(b), 6/2009 s. 15. (i) the Chief Inspector; and s. 42 (ii) the owners and occupiers of the land affected— of the licensee's intention to commence work; and
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 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 preparation, adoption and approval of an amendment under subsection (8). S. 42(11) inserted by No. 86/1993 s. 22. (11) Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under subsection (8) as if before "Division 1" there were inserted "section 12(1) or". S. 42(12) inserted by No. 86/1993 s. 22. (12) Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared or adopted under subsection (8) as if— (a) the expression "Except for an application under this section," were deleted; and
(3) If the Minister is not so satisfied, the licensee is still not required to obtain a permit for that work if— (a) the Minister administering the Environment Effects Act 1978 directs that a report be prepared on the additional environmental impacts that the new work may have; and (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. S. 43 (Heading) inserted by No. 59/2010 s. 25(1). 43 Commencement of work under exploration licence or retention 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), 59/2010 s. 25(2). (1) The holder of an exploration licence or retention 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
(ii) the licensee has made and registered compensation agreements with those owners and occupiers; or (iii) the amount of compensation payable to those owners and occupiers has been determined under Part 8 and the licensee has been advised in writing of the result by the person or body making the determination; or (iv) the licensee has purchased the land affected— unless this requirement has been waived by the Department Head under subsection (2); and S. 43(1)(ea) inserted by No. 59/2010 s. 36(3). (ea) if the land affected is private land and the work is low impact exploration work, the licensee has obtained the written consent or informed verbal consent of the owners and occupiers of the land affected. S. 43(1)(f) repealed by No. 86/1993 s. 23(a)(ii). * * * * * s. 43 In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. Default penalty: In the case of a corporation, 20 penalty units. In any other case, 10 penalty units. S. 43(1A) inserted by No. 63/2006 s. 31(2). (1A) Subsections (1)(a), (1)(b), (1)(ba), (1)(ca) and (1)(d) do not apply to low impact exploration.
obtain a permit for, the carrying out of that exploration. S. 43(4) substituted by No. 86/1993 s. 23(c), amended by Nos 7/1994 s. 6(b), 64/2012 s. 33. (4) 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— s. 43 (a) on the recommendation of the Minister prepare; and (b) adopt and approve— amendments to any planning scheme to facilitate the carrying out of exploration on land covered by a licence in accordance with that licence. S. 43(5) inserted by No. 86/1993 s. 23(c), amended by Nos 7/1994 s. 6(c), 64/2012 s. 33. (5) Without limiting what an amendment may include, an amendment prepared under subsection (4) may provide that no permit is required to carry out exploration on land covered by a licence in accordance with that licence. S. 43(6) inserted by No. 86/1993 s. 23(c). (6) 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 preparation, adoption and approval of an amendment under subsection (4). S. 43(7) inserted by No. 86/1993 s. 23(c). (7) Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under subsection (4) as if before "Division 1" there were inserted "section 12(1) or". S. 43(8) inserted by No. 86/1993 s. 23(c). (8) Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared or adopted under subsection (4) as if— (a) the expression "Except for an application under this section," were deleted; and
S. 45 (Heading) inserted by No. 63/2006 s. 33(1). 45 Prohibition of work near dwellings and certain places and sites s. 45 S. 45(1) amended by Nos 18/1997 s. 3(1)(a), 82/2000 s. 45(1)(a) (b)(d). (1) A licensee must not, except as provided by subsection (2), (4), (4A) or (4B) do any work under the licence— (a) within 100 metres laterally of— S. 45(1)(a)(i) amended by No. 63/2006 s. 33(2)(a). (i) a dwelling house that existed before an approved work plan was registered in respect of the licence; or S. 45(1) (a)(ii)–(x) repealed by No. 63/2006 s. 33(2)(b). * * * * * S. 45(1)(a)(xi) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 5.1), 18/1997 s. 3(1)(b), 93/1995 s. 218(2) (Sch. 2 item 9.1), substituted by Nos 82/2000 s. 45(1)(c), 16/2006 s. 198(Sch. 2 item 5(5)). (xi) land in respect of which an ongoing protection declaration is in force under the Aboriginal Heritage Act 2006; or S. 45(1)(a)(xii) substituted by Nos 82/2000 s. 45(1)(c), 63/2006 s. 33(2)(c), 16/2006 s. 198(Sch. 2 item 5(5)). (xii) any Aboriginal place within the meaning of the Aboriginal Heritage Act 2006 that is recorded in the Victorian Aboriginal Heritage Register under that Act; or
S. 57 amended by Nos 27/1991 s. 4(4), 76/1998 s. 31(f), 82/2000 s. 49(2), substituted by No. 69/2004 s. 55. 57 Grant of miner's right On receiving an application for a miner's right, a person who is authorised to grant miner's rights must grant the miner's right to the applicant if the application has been made in accordance with the regulations. 58 Obligations of holder S. 58(1) amended by No. 82/2000 s. 50(1)(a). (1) The holder of a miner's right acting under that right 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. 58(1)(d) substituted by No. 16/2006 s. 198(Sch. 2 item 5(7)). (d) disturb any Aboriginal cultural heritage (within the meaning of the Aboriginal Heritage Act 2006) on the land. 100 penalty units. S. 58(2) amended by No. 82/2000 s. 50(1)(b). (2) The holder of a miner's right must repair any damage to the land arising out of the search. 50 penalty units. S. 58(3) inserted by No. 82/2000 s. 50(2). (3) The holder of a miner's right must produce the miner's right for inspection if asked to do so by an inspector or any person acting under a delegation conferred under section 91(b). Division 2—Tourist fossicking authorities 59 Tourist fossicking authority s. 59
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;
S. 77B(4) amended by No. 17/2012 s. 92(3). (4) The Authority may, by instrument— (a) consent to search for stone on the land referred to in subsection (1); or s. 77B (b) consent to search for stone on the land referred to in subsection (1) subject to conditions; or (c) refuse to consent to search for stone on the land referred to in subsection (1). S. 77B(5) amended by No. 17/2012 s. 92(3). (5) The Authority must not unreasonably withhold consent. S. 77B(6) amended by No. 17/2012 s. 92(3). (6) If the Authority does not, within 60 days after the consent under subsection (1) being sought, consent or refuse to consent, that consent is deemed to have been granted. S. 77B(7) amended by No. 17/2012 s. 92(3). (7) If the Authority refuses to consent under subsection (1) the Authority must, within 7 days after the decision to refuse, give the person proposing to carry out the search a statement in writing of the reasons for the decision. (8) A person may apply to the Tribunal for review of a decision— S. 77B(8)(a) amended by No. 17/2012 s. 92(3). (a) by the Authority to refuse to consent under subsection (4)(a); or S. 77B(8)(b) amended by No. 17/2012 s. 92(3). (b) by the Authority to consent subject to conditions under subsection (4)(b); or S. 77B(8)(c) amended by No. 17/2012 s. 92(3). (c) by the Authority to specify any conditions for that person to do work at a depth of more than 0·75 metres below any land under subsection (3).
(a) an Environment Effects Statement has been prepared under the Environment Effects Act 1978 on the work proposed to be done under the work authority; and (b) an assessment of that Statement by the Minister administering the Environment Effects Act 1978 has been submitted to the Minister; and (c) the work authority was granted by the Minister following the Minister's consideration of that assessment. __________________ Pt 6B (Heading and ss inserted by No. 59/2010 s. 45. S. 77TA inserted by No. 59/2010 s. 45. 77TA Definitions s. 77TA In this Part— referral authority means a person or body that has been specified in a planning scheme under the Planning and Environment Act 1987 as a referral authority under that Act; 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
S. 81(1) amended by No. 6/2009 s. 25(1)(a). (1) The authority holder must rehabilitate land in the course of doing work under the authority and must, as far as practicable, complete the rehabilitation of the land before the authority or any renewed authority ceases to apply to that land. S. 81(2) inserted by No. 63/2006 s. 43, amended by No. 6/2009 s. 25(1)(b). (2) If the rehabilitation has not been completed before the authority or renewed authority ceases to apply to the land the former authority holder must complete it as expeditiously as possible. S. 81(3) inserted by No. 63/2006 s. 43, substituted by No. 6/2009 s. 25(2). (3) While the rehabilitation is being completed, a former authority holder must continue the appointment of— (a) in the case of a former licensee, a manager to control and manage the former licence worksite; and (b) in the case of a former extractive industry work authority holder, a quarry manager or person to manage the site where the extractive industry operation was carried out. 20 penalty units. S. 81A inserted by No. 63/2006 s. 44. 81A Certification that land has been rehabilitated s. 81A S. 81A(1) amended by No. 6/2009 s. 26. (1) The Minister may require that an authority holder or a former authority holder engage an auditor to certify that land has been rehabilitated as required by section 78 for the purpose of deciding whether to return any rehabilitation bond under section 82. (2) An auditor who has given a certification under subsection (1) must forward a copy of the certificate to the Minister within 21 days after giving that certification. 82 Return of bond if rehabilitation satisfactory
(a) correcting a minor or technical error in the notice; or (b) extending the period within which an action required by the notice must be taken; or (c) reducing the period during which the doing of any activity or class of activity is prohibited. S. 110(6) substituted by Nos 82/2000 s. 64(3), 6/2009 s. 36(2). (6) For the purposes of this section— (a) in the case of a mining licence, service of a notice on the manager appointed to control and manage the licence worksites is deemed to be service of the notice on the licensee; and s. 110 (b) in the case of an extractive industry work authority, service of a notice on the quarry manager or person appointed to manage the extractive industry operation is deemed to be service on the holder of the work authority. S. 110(7) inserted by No. 82/2000 s. 64(3), amended by Nos 6/2009 s. 36(3), 59/2010 s. 42(3). (7) In this section authority means a licence, an extractive industry work authority, a miner's right or tourist fossicking authority. S. 110(8) inserted by No. 63/2006 s. 51(2), amended by No. 6/2009 s. 36(4). (8) In subsections (2) to (6) a reference to the holder of an authority or a licensee includes a reference to a former licensee or former holder of an extractive industry work authority. S. 110AA inserted by No. 84/2012 s. 7. 110AA Injunction for non-compliance with notice s. 110AA (1) The Minister may apply to the Supreme Court for an injunction—
(l) the qualifications of mine managers with respect to the administration of first-aid and the use of explosives; and 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. s. 124 (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
(b) in paragraph (c), for "mining manager of the mine" substitute "mine manager"; and (c) in paragraph (f), for "Mines Act 1958" substitute "Mineral Resources Development Act 1990". Act 1958 3. Section 53B is repealed. 4 (Reserves) Act 1978 4. For section 7 substitute— "7 (1) The Governor in Council may, by the Order reserving any land or by any subsequent Order published in the Government Gazette, nominate any specified part of reserved land for which consent of the person or manager administering or managing the land is required before work may be done on that land in accordance with the Mineral Resources Development Act 1990. (2) The Governor in Council may revoke any nomination under subsection (1) by Order published in the Government Gazette.". 5 Dangerous Goods Act 1985 5.1 In section 9(b), for "Mines Act 1958" substitute "Mineral Resources Development Act 1990". 5.2 In section 37(4), for "Mines Act 1958" substitute "Mineral Resources Development Act 1990". 6 Drainage Areas Act 1958 6. In section 28(1), for "except from occupation for mining purposes" substitute "exempt from being subject to a mining licence under the Mineral Resources Development Act 1990".
in land arising under the Mineral Resources Development Act 1990". 30 Trustee Act 1958 30. In section 3, in the definition of Land— (a) omit ", and mines and minerals, whether or not severed from the surface,"; and (b) omit the expression beginning "and in this definition" and ending "an undivided share thereof;". 31 Underseas Mineral Resources Act 1963 31. In section 2, for "Mines Act 1958" (wherever occurring) substitute "Mineral Resources Development Act 1990". 32 Vagrancy Act 1966 32. In section 7(1)(i), for "in or upon a mine or claim within the meaning of the Mines Act 1958" substitute "in a mine within the meaning of the Mineral Resources Development Act 1990". 33 Wildlife Act 1975 Sch. 1 33. In section 19(1), for "Mines Act 1958" (wherever occurring) substitute "Mineral Resources Development Act 1990". _______________ SCHEDULE 2 Section 129
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)