regulations made for the purposes of subsection (2)). S. 12A(2) amended by No. 64/2012 s. 15(2). (2) The holder of the mining licence or prospecting licence must pay royalties for the lignite in accordance with the prescribed rate. (3) For the purposes of subsection (2), the prescribed rate is— (a) the base amount per gigajoule unit of lignite produced; or (b) if a different rate is prescribed in the regulations, that rate. S. 12A(4) amended by Nos. 64/2012 s. 15(3), 68/2014, s. 17. (4) Without limiting subsection (2), 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) or 14B(2A) (as the case requires) 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. (5) In this section— S. 12A(5) def. of base amount amended by No. 44/2014 s. 33(Sch. item 16(1)), substituted by No. 40/2016 s. 31. base amount means— (a) for the period commencing on 1 July 2016 and ending on 31 December 2016, the amount determined in accordance with the following formula— where—
of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the licence. (8) A licence has no effect until registered. S. 26(9) inserted by No. 63/2006 s. 11(3). (9) On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, covered by an exploration licence ceases to be covered by that exploration licence. S. 26(10) inserted by No. 59/2010 s. 13(2). (10) On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, covered by a prospecting licence or retention licence ceases to be covered by that prospecting licence or retention licence. S. 26(11) inserted by No. 59/2010 s. 13(2). (11) On the registration of the grant of a retention licence, any land covered by that licence that was, immediately before the registration, covered by an exploration licence or prospecting licence ceases to be covered by that exploration licence or prospecting licence. S. 26AAA inserted by No. 10/2014 s. 10. 26AAA Transfer of consents and approvals to undertake work The Department Head may approve the transfer of an approved work plan, rehabilitation bond or any other consent or approval in relation to a licence under this Act to any other licence held by the same licensee. Pt 2 Div. 3 (Heading and ss inserted by No. 63/2006 s. 12. Division 3—Licence process for direct allocation of licences relating to coal Subdivision 1—General S. 26AA inserted by No. 63/2006 s. 12. 26AA Definition In this Division, exempted land means land—
(4) Sections 25(3), 25(4) and 25(7) apply to the granting or refusal of the granting of a licence under this Subdivision as if— (a) the decision to grant or refuse to grant the licence were made under Division 2; and (b) any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister. S. 26AM(5) amended by No. 68/2014 s. 29(3)(4). (5) Sections 26(1), 26(2), 26(4), 26(4A), 26(5), 26(7) and 26(8) apply to a licence granted under this Subdivision as if— (a) the licence were granted under Division 2; and (b) any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister. S. 26AM(5A) inserted by No. 59/2010 s. 16. (5A) In addition, section 26(2) applies to an exploration licence or a mining licence or retention licence granted under this Subdivision (an initial licence), and any other mining licence or retention licence granted under the Act covering some or all of the land covered by the initial licence, as if after paragraph (d) there were inserted— "(da) technology and project development milestones.". S. 26AM(6) inserted by No. 74/2010 s. 28(4). (6) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence granted under this section is declared not to be personal property. S. 26AN inserted by No. 63/2006 s. 12. 26AN Minister must publish reasons for refusal to grant licence If the Governor in Council, on the recommendation of the Minister, refuses to grant a licence under this Subdivision, the Minister must
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
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 (b) before "Division 1" there were inserted "section 12(1) or". S. 42(13) inserted by No. 86/1993 s. 22. (13) Section 46 of the Planning and Environment Act 1987 does not apply to a planning scheme to the extent to which, because of an amendment prepared, adopted or approved under subsection (8), it is expressed or purports to deal with any land that has been permanently reserved for any purpose set out in section 4 of the Crown Land (Reserves) Act 1978 in any manner inconsistent with that reservation. S. 42(14) inserted by No. 86/1993 s. 22. (14) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the Planning and Environment Act 1987. S. 42A inserted by No. 82/2000 s. 41. 42A Planning permits not required for some work variations (1) This section applies if—
S. 43B inserted by No. 86/1993 s. 24. 43B Certain consents etc. not required in case of unrestricted Crown land S. 43B(1) amended by Nos 82/2000 s. 43(a), 64/2012 s. 34. (1) Despite any provision to the contrary made by or under any Act (being an Act that relates to access to, or the doing of work under a licence on, unrestricted Crown land) other than this Act that requires a person to obtain any consent or other authority under that provision before carrying out exploration or mining on unrestricted Crown land but subject to any conditions imposed by the Minister on the licence (as the case requires), it is not necessary for a licensee to obtain any such consent or other authority before carrying out exploration or mining on unrestricted Crown land. S. 43B(2) amended by Nos 82/2000 s. 43(b), 25/2008 s. 13. (2) Subsection (1) does not apply to the Planning and Environment Act 1987, the Environment Protection Act 1970, the Flora and Fauna Guarantee Act 1988 or the Forests (Fire Protection) Regulations 2004. 44 Particular consents etc. required S. 44(1) amended by Nos 86/1993 s. 25(a)(b), 82/2000 s. 44(1), 63/2006 s. 32. (1) A licensee who proposes to do work under the licence on restricted Crown land must obtain the consent of the Crown land Minister. S. 44(2) amended by No. 82/2000 s. 44(1). (2) A licensee who proposes to do work under the licence on land— S. 44(2)(a) repealed by No. 86/1993 s. 25(c). * * * * *
S. 44(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 83.1). (b) that is owned by, vested in or managed or controlled by the Melbourne Water Corporation or an Authority under the Water Act 1989 must obtain the consent of that Board or Authority; and S. 44(2)(c) amended by No. 86/1993 s. 25(d). (c) on which there is a public highway, road or street must give 21 days' notice of the proposed work to the person or body having the care or management of the public highway, road or street. S. 44(3) repealed by No. 86/1993 s. 25(e). * * * * * S. 44(4) amended by No. 86/1993 s. 25(f). (4) A consent under subsection (1) or (2)— (a) must not be unreasonably withheld; and (b) may be granted subject to conditions. S. 44(5) amended by No. 86/1993 s. 25(f)(g). (5) A person or body whose consent is sought under subsection (1) or (2) must, within 28 days (or any longer period allowed by the Minister) after the consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent. S. 44(6) substituted by No. 82/2000 s. 44(2). (6) A person or body that does not comply with subsection (5) in relation to any land is deemed to have given the consent sought. S. 44(7) amended by No. 86/1993 s. 25(f). (7) A person or body that refuses to consent under subsection (1) or (2) must, within 7 days after the decision to refuse, give the licensee a statement in writing of the reasons for the decision. S. 44(8) amended by No. 82/2000 s. 44(1). (8) A licensee may only do work under the licence at a depth of more than 0·75 metres below any land that is within 100 metres of—
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.
(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
to approve a work plan or a variation of an approved work plan; or (b) a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to approve a work plan or the variation of an approved work plan with conditions. (2) The holder of an extractive industry work authority may apply to the Tribunal for review of— (a) a decision of the Minister to impose a condition on the extractive industry work authority under section 77J; or (b) a decision of the Minister to vary a condition of the extractive industry work authority under section 77M or impose a new condition under that section; or (c) a decision of the Minister under section 77N to impose a new condition on the extractive industry work authority that the Minister has consented to be transferred to another person under that section. (3) A licensee, the holder of an extractive industry work authority or a person proposing to apply for an extractive industry work authority may apply to the Tribunal for review of— (a) a decision of the Department Head under section 77TD to refuse to statutorily endorse a work plan or variation to an approved work plan; or (b) a decision of the Department Head under section 77TD to statutorily endorse a work plan or variation to an approved work plan with conditions.
S. 79(b) amended by 76/1998 s. 31(i), substituted by No. 6/2009 s. 22(2). (b) be prepared by— (i) the applicant for the extractive industry work authority after consultation with the owner of the land, if the land is private land; or S. 79(b)(ii) amended by No. 68/2014 s. 49(b). (ii) the licensee after consultation with the owner of the land, if the land is private land and the licence is a mining licence or prospecting licence. S. 79A inserted by No. 63/2006 s. 41. 79A Rehabilitation liability assessment S. 79A(1) amended by Nos 6/2009 s. 23(1), 59/2010 s. 51. (1) The Minister may require an authority holder to undertake an assessment of the authority holder's rehabilitation liability under section 78 or 78A (a rehabilitation liability assessment) for the purpose of determining the amount of a rehabilitation bond or reviewing the amount of a rehabilitation bond entered into or to be entered into by the authority holder. (2) A rehabilitation liability assessment must— (a) be undertaken in a manner and form determined by the Minister; and S. 79A(2)(b) amended by No. 6/2009 s. 23(2). (b) take into account works required to be undertaken to rehabilitate the land in accordance with the requirements of section 78 or 78A (as the case may be). S. 79A(3) amended by No. 6/2009 s. 23(3). (3) The Minister may require an authority holder to engage an auditor to certify that a rehabilitation liability assessment has been prepared in accordance with subsection (2) and that it is accurate. (4) An auditor who has given a certification under subsection (3) must forward a copy of the
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
decision to serve or vary the notice, 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. S. 110(5) substituted by No. 82/2000 s. 64(3), amended by No. 84/2012 s. 6(8). (5) The Minister may, by notice served on the holder of the authority, vary or cancel a notice issued under subsection (2). S. 110(5A) inserted by No. 84/2012 s. 6(9). (5A) A person cannot apply under subsection (4) for review of the variation of a notice if the purpose of the variation is limited to— (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 (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. 110AD inserted by No. 84/2012 s. 7. 110AD Immunity for remedial action (1) An authorised person or a person assisting an authorised person is not personally liable for anything done or omitted to be done in good faith— (a) in the course of taking action under section 110AB; or (b) in the reasonable belief that the act or omission was in the course of taking action under section 110AB. (2) Any liability that would, but for subsection (1), attach to a person attaches instead to the Crown. (3) In this section, authorised person has the same meaning as in section 110AC. S. 110AE inserted by No. 84/2012 s. 7. 110AE Compensation for remedial action (1) Subject to subsection (2), compensation is payable by the Minister to the owner or occupier of private land for any loss or damage sustained as a direct, natural and reasonable consequence of an action taken under section 110AB, 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 (g) any decrease in the market value of the owner or occupier's interest in the land.
S. 110AF inserted by No. 84/2012 s. 7. 110AF When claim for compensation for remedial action can be made (1) A claim for compensation for any loss or damage may be made under section 110AE at any time until the end of the period of 2 years after the day on which the Minister, an authorised person or a person assisting an authorised person finishes taking the action under section 110AB. (2) In this section, authorised person has the same meaning as in section 110AC. S. 110AG inserted by No. 84/2012 s. 7. 110AG Recovery of costs and compensation by Minister The Minister may recover, as a debt due to the Crown, in a court of competent jurisdiction— (a) the value of any reasonable costs incurred in taking an action under section 110AB; (b) any compensation paid under section 110AE in respect of that action— from the holder of the authority who was subject to the order under section 110(3A) or injunction under section 110AA in relation to which the action was taken. S. 110A inserted by No. 63/2006 s. 52. 110A Enforcement order (1) An inspector who believes on reasonable grounds that a person (other than the holder of an authority) is carrying out or is likely to carry out an activity on land in contravention of this Act or the regulations may issue a notice to the person— (a) to stop that activity; and (b) to take within a specified period any action necessary to remedy the contravention.
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 items 60.1, 60.2) on 1.1.10: s. 2(2)(e); s. 3(Sch. 1 item 60.3) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2011, No. 53/2011 (as amended by No. 43/2012) Assent Date: 18.10.11 Commencement Date: Ss 3–6 on 20.3.12: Special Gazette (No. 91) 20.3.12 p. 1 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012 Assent Date: 3.4.12 Commencement Date: S. 92 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 30) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (General) Act 2012, No. 64/2012 (as amended by No. 70/2013) Assent Date: 30.10.12 Commencement Date: Ss 13–40 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources (Sustainable Development) Amendment Act 2012, No. 84/2012 (as amended by No. 70/2013) Assent Date: 18.12.12 Commencement Date: Ss 4–8 on 1.2.13: Special Gazette (No. 27) 29.1.13 p. 1 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990