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 of authority to commence work repealed by No. 82/2000 s. 4(d).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 of chief administrator amended by No. 86/1993 s. 5(1)(b), repealed by No. 76/1998 s. 31(a)(i).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 of chief mining inspector amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(d).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 of Code of practice repealed by No. 86/1993 s. 5(1)(a), new def. of Code of Practice inserted by No. 63/2006 s. 6(1)(c). Code of Practice means a Code of Practice made under Part 8A as amended and in force for the time being;
(c) taking samples for the purposes of chemical or other analysis; and (d) extracting minerals from land, other than for the purpose of producing them commercially; and (e) in relation to an exploration licence, anything else (except mining) that is specified in the licence; S. 4(1) def. of extractive industry inserted by No. 6/2009 s. 6(1). extractive industry means the extraction or removal of stone from land if a primary purpose of the extraction or removal is the sale or commercial use of the stone or the use of the stone in construction, building, road or manufacturing works and includes— (a) the treatment of stone or the manufacture of bricks, tiles, pottery or cement products on or adjacent to land from which the stone is extracted; and (b) any place, operation or class of operation involving the extraction or removal of stone from land, declared by the Minister, by notice published in the Government Gazette, to be an extractive industry for the purposes of this Act; S. 4(1) def. of extractive industry work authority inserted by No. 6/2009 s. 6(1). extractive industry work authority means a work authority relating to an extractive industry granted under section 77I; S. 4(1) def. of graticular section substituted by No. 82/2000 s. 4(f). graticular section— (a) means the 1000 metre interval block based on the Australian Geodetic Datum 1966, as shown on the National
S. 4(1) def. of low impact exploration inserted by No. 82/2000 s. 4(a), amended by No. 16/2006 s. 198(Sch. 2 item 5(1)(b)), substituted by No. 10/2014 s. 4(1). low impact exploration has the meaning set out in Schedule 4A; mine means any land on which mining is taking place under a licence; miner's right means a miner's right under Part 5; S. 4(1) def. of mineral amended by Nos 7/1994 s. 4, 71/2001 s. 3(1)(a). mineral means any substance which occurs naturally as part of the earth's crust— (a) including— (i) oil shale and coal; and (ii) hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and (iii) any substance specified in Schedule 4; (b) excluding water, stone, peat or petroleum; minerals exemption means an exemption that was granted under section 293 or 293A of the Mines Act 1958 and that was current immediately before the commencement of this section; S. 4(1) def. of mineral resource inserted by No. 59/2010 s. 4(c). mineral resource means a concentration of a mineral or minerals that is or may be economically viable to mine;
(d) carrying on the operation; or (e) the extraction or removal of stone from the pit or excavation; or (f) the treatment on or adjacent to the land in which the pit or excavation is made of stone extracted or removed from the land or the manufacture on or adjacent to that land of bricks, tiles, pottery or cement products substantially from stone so extracted or removed; register means the mining register kept under Part 6; registered means registered in the mining register; S. 4(1) def. of registrar amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(h). * * * * * S. 4(1) def. of rehabilitation bond inserted by No. 63/2006 s. 6(1)(c). rehabilitation bond means a rehabilitation bond referred to in section 80; S. 4(1) def. of rehabilitation plan inserted by No. 63/2006 s. 6(1)(c). rehabilitation plan means a rehabilitation plan referred to in section 79; S. 4(1) def. of responsible authority inserted by No. 6/2009 s. 6(1). responsible authority in relation to a planning scheme has the same meaning as in the Planning and Environment Act 1987;
S. 4(1) def. of work authority inserted by No. 82/2000 s. 4(a), repealed by No. 10/2014 s. 4(4). * * * * * S. 4(1) def. of work plan substituted by No. 6/2009 s. 6(2)(d), amended by No. 10/2014 s. 4(5). work plan means a work plan lodged under section 40 or section 77G or varied under section 41AAB or 77HB; S. 4(1) def. of worksite inserted by No. 86/1993 s. 5(1)(i), substituted by No. 82/2000 s. 4(k), amended by Nos 63/2006 s. 6(1)(b), 6/2009 s. 6(2)(e), 59/2010 s. 42(1)(b). worksite means any place where work is being done under a licence, an extractive industry work authority, a miner's right or tourist fossicking authority or where rehabilitation work is being done, or required to be done, under Part 7. S. 4(2) substituted by No. 86/1993 s. 5(2), amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 12.2), 108/2004 s. 117(1) (Sch. 3 item 134.2), 70/2013 s. 4(Sch. 2 item 32.2). (2) If under the Public Administration Act 2004 the name of the Department is changed, a reference in the definition of Department in subsection (1) to the "Department of State Development, Business and Innovation" must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S. 8AB inserted by No. 6/2009 s. 11. 8AB Offence to carry on extractive industry without authority S. 8AB(1) amended by No. 47/2015 s. 6(1). (1) A person must not carry out an extractive industry on any land without a current extractive industry work authority to carry out that extractive industry on that land. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. S. 8AB(2) substituted by No. 47/2015 s. 6(2). (2) The holder of an extractive industry work authority and the manager of the place where the extractive industry is being carried out under the work authority must not carry out extractive industry under the work authority otherwise than— (a) in accordance with the work authority; and (b) in accordance with the approved work plan. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. S. 8AB(3) amended by No. 55/2010 s. 49, substituted by No. 47/2015 s. 6(3). (3) The holder of an extractive industry work authority and the manager of the place where the extractive industry is being carried out under the work authority must comply with this Act and the regulations in doing any work under the work authority. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. S. 8AB(4) inserted by No. 47/2015 s. 6(4). (4) A person who is convicted of an offence against this section is also liable to the following default penalty—
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— (a) specified in the work authority; or (b) prescribed, if not specified in the work authority— unless the Minister decides to waive or vary the royalties under subsection (4). S. 12(4) inserted by No. 6/2009 s. 13. (4) The Minister may waive the requirement for any holder of an extractive industry work authority to pay royalties or vary the rate, method of assessment or times at which the royalty is to be paid by any holder of an extractive industry work authority if the Minister is satisfied that a royalty is being paid to the Crown or in any other circumstances in which the Minister is satisfied that it is appropriate that there should be such a waiver or variation. S. 12A inserted by No. 89/2005 s. 4. 12A Royalties for lignite S. 12A(1) amended by No. 64/2012 s. 15(1). (1) This section applies to the holder of a mining licence or prospecting licence if the holder mines lignite in accordance with the licence and has effect despite anything to the contrary specified in the licence or the regulations (other than regulations made for the purposes of subsection (2)).
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(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. S 15(1BC) inserted by No. 59/2010 s. 9(7). (1BC) In addition, an application for a retention licence must specify the area of land that the licence will cover and the reasons for that coverage. S 15(1BD) inserted by No. 59/2010 s. 9(7). (1BD) To avoid doubt, an application for an exploration licence or a prospecting licence is not required to describe a mineral resource. S 15(1BE) inserted by No. 59/2010 s. 9(7). (1BE) If the mineral resource described in an application referred to in subsection (1BB) is not being mined from the land that will be covered by the licence being applied for, the application must include a report (a mineralisation report) prepared by a competent person that— (a) sets out the exploration results in relation to the described mineral resource; and (b) includes an analysis of whether the exploration results indicate that there is a reasonable prospect that the mining of the described mineral resource will be economically viable. S 15(1BF) inserted by No. 59/2010 s. 9(7). (1BF) The exploration results referred to in subsection (1BE) must— (a) specify the type of the mineral or minerals; and (b) specify the location, depth, quantity and extent of the mineral or minerals; and
that is the subject of the application continues in effect after the date it would have otherwise expired until the Minister grants or refuses to grant the mining licence. 17 Application not transferable An application for a licence is not transferable. S. 18 (Heading) inserted by No. 63/2006 s. 10(1), amended by No. 64/2012 s. 20(1). S. 18 amended by Nos 76/1998 s. 31(b), 64/2012 s. 20(2). 18 Notice of applications with the highest ranking The Department Head must, within 14 days after an applicant for a licence is notified under section 15(3)(b) or (4) that the application has the highest ranking, give notice of the application to— S. 18(a) amended by No. 16/2006 s. 198(Sch. 2 item 5(3)). (a) any person or body nominated by the Minister administering the Aboriginal Heritage Act 2006; and S. 18(b) amended by Nos 82/2000 s. 15, 63/2006 s. 10(2)(a), substituted by No. 16/2006 s. 198(Sch. 2 item 5(4)) (as amended by No. 63/2006 s. 61(Sch. item 1.4)). (b) any registered Aboriginal party (within the meaning of the Aboriginal Heritage Act 2006) for an area to which the application relates; and S. 18(c) inserted by No. 63/2006 s. 10(2)(b), amended by No. 68/2014 s. 22. (c) if the application is for a mining licence or prospecting licence, the Executive Director (within the meaning of the Heritage Act 1995).
may recommend to the Minister conditions to which the licence should be made subject. (5) Until regulations are made for the purposes of section 26AJ(1) and subsection (3), the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications). S. 26AL inserted by No. 63/2006 s. 12. 26AL Application of Act to licence application (1) Sections 17, 19 and 24 apply to an application under this Subdivision as if the application were made under Division 2. (2) The Department Head must, within 14 days after an applicant for a licence is notified under section 26AK(2) that the application is of State interest, give notice of the application to the persons and bodies referred to in section 18. S. 26AM inserted by No. 63/2006 s. 12. 26AM Grant or refusal of licence (1) The Governor in Council must not grant a licence over land— (a) that is exempted under section 6 of this Act or under any other Act from being subject to— (i) an exploration licence, if the application is for an exploration licence; or (ii) a mining licence, if the application is for a mining licence; or S. 26AM(1)(a)(iii) inserted by No. 68/2014 s. 29(2). (iii) a prospecting licence, if the application is for a prospecting licence; or S. 26AM(1)(a)(iv) inserted by No. 68/2014 s. 29(2). (iv) a retention licence, if the application is for a retention licence; or
satisfied that the person meets the requirements in section 16. S. 27E inserted by No. 63/2006 s. 15. 27E Minister may not accept any tenders (1) The Minister may decide not to accept any tenders for a licence over land that are submitted in response to an invitation under this Division. (2) If the Minister decides not to accept any tender, he or she may invite further tenders or decide not to call for any more tenders in relation to that land. (3) If the Minister decides not to call for any more tenders in relation to that land, he or she must— (a) notify the unsuccessful tenderers that further tenders will not be invited; and S. 27E(3)(b) amended by No. 68/2014 s. 34. (b) unless the land has been exempted under section 7 from being subject to a licence, declare by notice published in the Government Gazette that the land is available for applications for licences. S. 28 substituted by No. 82/2000 s. 24, repealed by No. 63/2006 s. 16. * * * * * Pt 2 Div. 6 (Heading) inserted by No. 63/2006 s. 17. Division 6—Renewals of licences 29 Application for renewal of licence
S. 32(2) amended by No. 86/1993 s. 14, substituted by No. 82/2000 s. 27, amended by No. 59/2010 s. 20(1). (2) In the case of an application for the first renewal of an exploration licence, the Minister may renew the exploration licence for a period of up to 5 years— (a) if he or she is satisfied that the licensee has identified minerals in the land covered by the licence and that— (i) additional time is necessary to assess the economic viability of mining those minerals; or (ii) it is not at present economically viable to mine those minerals but it may become so in the future; or (b) for any other reason. S. 32(2A) inserted by No. 59/2010 s. 20(2). (2A) In the case of an application for the second renewal of an exploration licence, the Minister may only renew the exploration licence for a period of up to 5 years. (3) The renewal of a licence takes effect on the anniversary of the registration under this Act of the initial licence. Pt 2 Div. 7 (Heading) inserted by No. 63/2006 s. 19. Division 7—Changes to licences 33 Transfer of licence (1) An exploration licence must not be transferred during its first year, and a purported transfer during that time has no effect. (2) A licence (other than an exploration licence during its first year) may be transferred by an instrument approved by the Minister and not otherwise.
(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. 38AC inserted by No. 82/2000 s. 35, repealed by No. 68/2014 s. 40. * * * * * S. 38AD inserted by No. 82/2000 s. 35, repealed by No. 68/2014 s. 40. * * * * * S. 38AE inserted by No. 82/2000 s. 35, repealed by No. 68/2014 s. 40. * * * * * S. 39 amended by Nos 86/1993 s. 18(a)(b), 76/1998 s. 31(b), substituted by No. 82/2000 s. 36. 39 Work must be approved (1) A person, other than the Crown, must not do any work under a licence otherwise than— (a) in accordance with the licence; or S. 39(1)(ab) inserted by No. 63/2006 s. 24(1). (ab) in accordance with the approved work plan; or (b) as authorised by a minerals exemption. In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (2) A licensee and the manager of a worksite must comply with this Act and the regulations in doing any work under the licence. In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units.
statement, in the form specified by the Minister, assessing the impact of the proposed work on the environment. S. 41A(2) substituted by No. 63/2006 s. 29(2). (2) The Minister must, on receipt of the statement, forward a copy to— (a) the Minister administering the Planning and Environment Act 1987; and (b) if the proposed work relates to Crown land, the Crown land Minister— and request comments on it by the date specified by the Minister. S. 41A(3) amended by No. 82/2000 s. 39(b). (3) The Minister must consider any comments received under subsection (2) by the specified date. S. 41A(4) inserted by No. 63/2006 s. 29(3). (4) The Minister may seek public comments on the statement by a specified date and must consider any comments received by that date. 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.
(1) If the Minister declares by Order under section 7C that a specified mine is a declared mine, the licensee in respect of the declared mine, within 60 days after the declaration, must make an application to vary the approved work plan in respect of the declared mine. (2) The application must contain the prescribed mine stability requirements and processes. S. 41AE(3) amended by No. 10/2014 s. 20. (3) Section 41(2) to (6) apply to an application lodged under this section. S. 42 (Heading) inserted by No. 59/2010 s. 24(1). 42 Commencement of work under mining licence or prospecting licence 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
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 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
affected) to the owners and occupiers of the land affected— of the licensee's intention to commence work; and S. 43(1)(e) substituted by No. 82/2000 s. 42(1)(c), amended by No. 59/2010 s. 36(2). (e) 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 (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), substituted by No. 10/2014 s. 22(1). (ea) the licensee has obtained the written consent or informed verbal consent of the owners and occupiers of the land affected, if the land affected is private land and the work being carried out involves exploring for minerals on land but does not involve— (i) the use of equipment (other than hand tools) to excavate on the land; or (ii) the use of explosives on the land; or (iii) removing or damaging any tree or shrub on the land.
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)), repealed by No. 10/2014 s. 23(1). * * * * * S. 45(1)(a)(xiii) inserted by No. 93/1995 s. 218(1) (Sch. 2 item 5.2), repealed by No. 10/2014 s. 23(1). * * * * * (b) within 100 metres below any area prohibited by paragraph (a). 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. 45(1A) inserted by No. 82/2000 s. 45(2). (1A) Despite subsection (1), a licensee may do any work prohibited by subsection (1) (except work within the prohibited distances of the area relating to a site described in subsection (1)(a)(xiii)) if the licensee is not required to obtain a permit for that work under section 42(7) or 42A. S. 45(1B) inserted by No. 82/2000 s. 45(2). (1B) Subsection (1A) applies regardless of whether the licensee has any of the consents referred to in subsections (2) and (4).
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. 54D inserted by No. 63/2006 s. 37. 54D Terms of reference On appointing a panel, the Minister must specify the terms of reference of the panel. S. 54E inserted by No. 63/2006 s. 37. 54E Terms and conditions of appointment (1) A member of a panel is appointed for the term that is specified in the instrument of his or her appointment. (2) A member of a panel, other than a member who is employed by or on behalf of the Crown, is entitled to receive any fees and allowances fixed by the
Minister in the instrument of his or her appointment. Division 2—Procedure of panels S. 54F inserted by No. 63/2006 s. 37. 54F Procedure of panel (1) A panel may call for and consider written submissions from any persons having an interest in the matter referred to it. (2) A panel may hold a public hearing. (3) If a panel holds a public hearing, it must give a reasonable opportunity to be heard by it to any person who has stated in a written submission that the person wishes to be heard with respect to that submission. S. 54G inserted by No. 63/2006 s. 37. 54G Directions about hearings (1) A panel may give directions about— (a) the times and places of hearings; and (b) matters preliminary to hearings; and (c) the conduct of hearings. (2) A panel may refuse to hear any person who fails to comply with a direction of the panel. S. 54H inserted by No. 63/2006 s. 37. 54H Hearings to be in public A panel must conduct its hearings in public unless any person making a submission objects to making the submission in public and the panel is satisfied that the submission is confidential in nature. S. 54I inserted by No. 63/2006 s. 37. 54I Procedure for hearing submissions (1) A person who has a right to be heard by a panel may—
(b) may be withdrawn at any time by the person who granted it. S. 55(2A) inserted by No. 82/2000 s. 49(1). (2A) If the holder of a miner's right is validly on any land under this section, he or she may remove from the land any minerals discovered by him or her on the land. S. 55(3) amended by No. 59/2010 s. 37. (3) A miner's right is current for the time, not exceeding 10 years, specified in the miner's right. S. 56 amended by No. 76/1998 s. 31(f), substituted by No. 69/2004 s. 55. 56 Who may grant a miner's right (1) The Department Head may grant a miner's right. (2) The Department Head may authorise in writing— (a) a person or body; or (b) all people or bodies falling within a specified class— to grant miner's rights. 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
Pt 5 Div. 3 (Heading and ss 63–67) amended by Nos 86/1993 s. 28, 82/2000 ss 61(b), 72(a), 6/2009 s. 19, repealed by No. 59/2010 s. 41. * * * * * S. 68 amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 52(1). * * * * * S. 69 (Heading) inserted by No. 63/2006 s. 38(1). 69 Functions of Department Head regarding mining register S. 69(1) amended by No. 82/2000 s. 52(2). (1) The Department Head must establish and maintain a mining register. 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;
(b) in the case of Crown land, the Crown land Minister's consent is revoked, lapses or otherwise ceases to have effect; or (c) it is varied under section 77M. S. 77M inserted by No. 6/2009 s. 20. 77M Variation of an extractive industry work authority (1) The Minister may, by instrument served on the holder of the extractive industry work authority, vary the work authority, or vary, suspend or revoke a condition of the extractive industry work authority or add a new condition. (2) The Minister may act under subsection (1)— (a) at the request of the holder of the work authority; or S. 77M(2)(b) amended by No. 47/2015 s. 14(1). (b) if the Minister decides it is necessary for the rehabilitation or stabilisation of the land to 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.
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 if he or she is of the opinion that the amount of the bond already entered into is insufficient. S. 80(4A) inserted by No. 10/2014 s. 38(2). (4A) An authority holder must comply with a requirement to enter into a further rehabilitation bond under subsection (4). Penalty: In the case of a corporation, 200 penalty units In any other case, 40 penalty units. S. 80(5) amended by Nos 6/2009 s. 24(5), 29/2011 s. 3(Sch. 1 item 60.2), 10/2014 s. 38(3). (5) The Minister may serve on an authority holder who has not complied with a requirement under subsection (4) within 28 days after service of notice of the requirement, a notice prohibiting the authority holder from doing any work until the authority holder has entered into the further rehabilitation bond. S. 80(6) amended by Nos 82/2000 s. 54(1), 68/2014 s. 50(b). (6) An authority holder must comply with a notice under subsection (5). In the case of a corporation, 1000 penalty units.
Pt 9 Div. 11 (Heading and ss 95S, 95T) inserted by No. 63/2006 s. 49. Division 11—Protection of privileges 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.
(b) if the Supreme Court grants an injunction on the Minister's application. S. 110AB inserted by No. 84/2012 s. 7. 110AB Minister may take action required by injunction or order (1) The Minister may take any action that an order under section 110(3A) or an injunction granted on an application under section 110AA(1) requires to be taken if— (a) the holder of the authority does not take the action within the time specified in the order or injunction or, if no time is specified in the order or injunction, a reasonable time; and (b) failure to take the action is likely to result in a serious risk to public safety, the environment, land, property or infrastructure. (2) The Minister may authorise a person and any person assisting that person to enter any land and do anything that in the Minister's opinion is necessary for the purpose of taking an action under subsection (1). (3) If it is necessary for an authorised person or a person assisting an authorised person to enter land under subsection (2), the Minister must, except in a case of emergency— (a) if the land is private land, give reasonable notice of the entry to the owner and the occupier of the land; and (b) if the land is Crown land, give reasonable notice of the entry to the Crown land Minister; and (c) ensure that the person enters the land at a reasonable time; and (d) if the land is used only for residential purposes, obtain, or take all reasonable steps
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. 112(3)(d) amended by Nos 82/2000 s. 66(2), 68/2014 s. 58(2)(b). (d) must remove from the land on completion of the survey, search or drilling operations all plant, machinery, equipment, goods or buildings brought onto, or erected on, the
duties unless the divulgence, communication or publication is made— (a) with the written consent of the authority holder or the Minister; or (b) in connection with the administration of this Act; or (c) for the purpose of any legal proceedings under this Act. 100 penalty units. S. 119(3) amended by No. 68/2014 s. 60(1)(b). (3) The Minister may only consent under subsection (2)(a) if he or she is of the opinion that the authority holder is unreasonably withholding consent. S. 119(4) inserted by No. 68/2014 s. 60(2). (4) In this section— authority holder has the same meaning as in section 77U. 120 Delegation S. 120(1) amended by Nos 46/1998 s. 7(Sch. 1), 76/1998 s. 31(l). (1) The Minister may, by instrument, delegate to the Department Head or any employee in the Department any power of the Minister under this Act or the regulations, other than this power of delegation. S. 120(2) amended by Nos 46/1998 s. 7(Sch. 1), 76/1998 s. 31(l). (2) The Department Head may, by instrument, delegate to any employee in the Department any power of the Department Head under this Act or the regulations, other than this power of delegation and a power delegated to him or her by the Minister. S. 120(3) inserted by No. 57/2009 s. 31. (3) The Department Head may, by instrument, delegate to any employee in the Department any power or function the Department Head has as a referral authority under the Planning and Environment Act 1987 or regulations under that Act.
S. 124(1)(e) repealed by No. 25/2008 s. 16(2). * * * * * (f) the information to be contained in a work plan or in a notice of variation of an approved work plan; and (g) applications for a miner's right; and (h) applications for a tourist fossicking authority; and S. 124(1)(i) repealed by No. 59/2010 s. 42(4). * * * * * (j) the mining register; and (k) prescribing documents that may be registered; and (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. (n) the date by which the mine stability levy or a part of the mine stability levy must be paid; and
Sch. 3 cl. 1 amended by No. 50/2002 s. 24(1)(2) substituted by No. 64/2004 s. 34(1), amended by Nos 29/2006 s. 3(Sch. 1 item 23.2(a)), 82/2009 s. 42(1)(2). 1. In this Schedule— relevant recommendation means a recommendation that proposes that land is to be reserved under the (Reserves) Act 1978 for any of the following purposes— (a) regional parks; (b) coastal parks (including Gippsland Lakes Reserve); (c) marine parks; (d) flora or flora and fauna reserves; (e) wildlife reserves or wildlife areas (including Wildlife Management Co-Operative Areas); (f) natural features reserves, scenic reserves, cave reserves, geological reserves or natural features and scenic reserves; (g) bushland reserves; (h) historic areas or historic reserves; (i) public land water frontage reserves; (j) streamside reserves; (k) coastal reserves; (l) national heritage parks; (m) nature conservation reserves; (n) historic and cultural features reserves. Sch. 3 cl. 1A inserted by No. 64/2004 s. 34(1), amended by No. 29/2006 s. 3(Sch. 1 item 23.2(b)). 1A. Any land that is the subject of a relevant recommendation of the Victorian Environmental Assessment Council that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001.