84AP Assistance to be provided by a public sector body and a Latrobe Valley licensee 210 Division 4—Investigations by the Commissioner 211 84AQ Minister may refer a matter for investigation to the Commissioner 211 84AR Power of entry and inspection without consent 211 84AS Occupier or apparent occupier of land must assist Commissioner or authorised officer to enter 213 84AT Occupier or apparent occupier of land must assist Commissioner or authorised officer to inspect 213 84AU Authorised officers under this Division 214 84AV Authorised officer's identity cards 215 Division 5—Giving of documents or other things 215 84AW Giving of documents or other things to the Commissioner by Latrobe Valley licensees 215 84AX Giving of documents or other things to the Commissioner by public sector bodies 216 84AY Confidentiality of document or other thing given under a notice 216 Division 6—Information gathering by the Commissioner 217 84AZ Definition 217 84AZA Notice requiring documents or information from public sector body 217 84AZB Notice requiring documents or information from Latrobe Valley licensee 217 Division 7—Framework for monitoring rehabilitation planning activities 218 84AZC Commissioner must prepare framework 218 84AZD Making the framework 219 84AZE Amendment of framework 219 84AZF Making an amendment to the framework 219 Division 8—Reports and reviews of the Commissioner 219 84AZG Report of referral investigation 219 84AZH Annual report of Commissioner 219 84AZI Consultation 220 84AZJ Reports to the Minister 220 84AZK Commissioner review of research plans of a Latrobe Valley licensee 220 Division 9—Protections for persons acting under this Part 221 84AZL Protection against self-incrimination 221
Part 7B—Regional rehabilitation strategy 222 84AZM Minister must prepare a strategy for the rehabilitation of coal mine land 222 84AZN Publication of regional rehabilitation strategy 222 84AZO Review of regional rehabilitation strategy 222 84AZP Amendment of regional rehabilitation strategy 223 84AZQ Publication of amendment to regional rehabilitation strategy 223 84AZR Minister must consult 223 Part 8—Compensation 224 Division 1―General 224 84A Application of this Division 224 85 What compensation is payable for 224 85A What compensation is payable for—Crown land 226 86 When a claim can be made 228 87 Compensation agreement 228 88 Determination of compensation disputes 229 88A Determination of disputes—Crown land 230 89 Limit on total amount of compensation 231 Division 2―Extractive industries search authorities 231 89AA Compensation―search authorities 231 89AB Measure of compensation payable under section 89AA 233 Part 8A—Codes of Practice 234 89A Power to make Codes of Practice 234 89B Variation and revocation of Code of Practice 234 89C Advertising of draft Code of Practice, variation or revocation 235 89D Consideration of submissions 235 89E How is a Code of Practice made? 236 89F Availability of Code of Practice 236 89G Code of Practice 237 89H Use of Code of Practice in proceedings 237 Part 9—Inspectors 239 Division 1—Employment of inspectors 239 90 Employment of inspectors 239 91 Delegation by Chief Inspector 240 92 Identity cards 240 Division 2—Performance of functions or exercise of powers 241 93 Inspectors subject to Department Head's directions 241
(iv) an economically efficient system of royalties, rentals, fees and charges; and (b) to establish a legal framework aimed at ensuring that— S. 2(1)(b)(i) substituted by Nos 6/2009 s. 5(1)(a), 47/2015 s. 5(1). (i) risks posed to the environment, to members of the public, or to land, property or infrastructure by work being done under a licence or extractive industry work authority are identified and are eliminated or minimised as far as reasonably practicable; and (ii) consultation mechanisms are effective and appropriate access to information is provided; and S. 2(1)(b)(iii) substituted by No. 6/2009 s. 5(1)(b). (iii) land which has been mined or from which stone has been extracted or removed is rehabilitated; and S. 2(1)(b)(iv) amended by No. 6/2009 s. 5(1)(c). (iv) just compensation is paid for the use of private land for exploration or mining; and (v) conditions in licences and approvals are enforced; and S. 2(1)(b)(vi) amended by No. 86/1993 s. 4. (vi) dispute resolution procedures are effective; and S. 2(1)(b)(vii) inserted by No. 86/1993 s. 4, amended by Nos 82/2000 s. 3, 55/2010 s. 47, repealed by No. 47/2015 s. 5(2). * * * * *
(b) land of the Crown occupied by a person under a lease, licence or other right under this or any other Act— but does not include land which is the subject of a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993; S. 4(1) def. of Crown land Minister inserted by No. 63/2006 s. 6(1)(c). Crown land Minister in relation to Crown land, means the Minister responsible for administering the Act under which the land is controlled or managed; S. 4(1) def. of declared mine inserted by No. 57/2009 s. 23. declared mine means a mine specified in an Order under section 7C; S. 4(1) def. of declared quarry inserted by No. 57/2009 s. 23. declared quarry means a quarry specified in an Order under section 7C; S. 4(1) def. of Department substituted by No. 86/1993 s. 5(1)(c), amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 12.1), 70/2013 s. 4(Sch. 2 item 32.1). Department means the Department of State Development, Business and Innovation;
(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 Topographic Map Series published by the National Mapping Council; or (b) if a notice under section 7A applies, has the meaning it has as specified by, or under, that notice; S. 4(1) def. of hydraulic fracturing inserted by No. 8/2017 s. 3. hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation; S. 4(1) def. of infrastructure mining licence inserted by No. 59/2010 s. 4(c). infrastructure mining licence means a mining licence solely for the construction of a facility or other infrastructure to be used for the purpose of mining under another mining licence; S. 4(1) def. of infringement repealed by No. 6/2009 s. 6(3)(b). * * * * *
S. 4(1) def. of mineral amended by Nos 7/1994 s. 4, 71/2001 s. 3(1)(a). mineral means any substance which occurs naturally as part of the earth's crust— (a) including— (i) oil shale and coal; and (ii) hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and (iii) any substance specified in Schedule 4; (b) excluding water, stone, peat or petroleum; minerals exemption means an exemption that was granted under section 293 or 293A of the Mines Act 1958 and that was current immediately before the commencement of this section; S. 4(1) def. of mineral resource inserted by No. 59/2010 s. 4(c). mineral resource means a concentration of a mineral or minerals that is or may be economically viable to mine; mining means extracting minerals from land for the purpose of producing them commercially, and includes processing and treating ore; S. 4(1) def. of mining infringement repealed by No. 6/2009 s. 6(3)(c). * * * * * mining register means the register kept under Part 6;
(including such a licence that is renewed after that declaration); or (iii) a mining licence that is granted over land that was, immediately before the granting of the mining licence, covered by an exploration licence that was granted before the declaration of the national park, wilderness park or State park (including such a mining licence that is renewed after that declaration); S. 6(1)(ba) inserted by No. 40/2002 s. 29. (ba) land that is a marine national park or a marine sanctuary under the National Parks Act 1975; S. 6(1)(c) substituted by Nos 82/2000 s. 6(1), 16/2006 s. 198(Sch. 2 item 5(2)). (c) land in respect of which an ongoing protection declaration is in force under the Aboriginal Heritage Act 2006; S. 6(1)(d) substituted by No. 82/2000 s. 6(1), repealed by No. 16/2006 s. 198(Sch. 2 item 5(2)). * * * * * S. 6(1)(e) substituted by No. 64/2012 s. 13. (e) land that is— (i) under section 7 exempted from being subject to a licence; or (ii) by or under any other Act exempted from exploration or mining, or being subject to a licence; S. 6(1)(f) inserted by No. 64/2012 s. 13. (f) land that is by or under any other Act exempted from— (i) search for minerals or stone; or
(4) The person who benefits from a minerals exemption may apply to the Minister for a transfer, variation or revocation of the exemption, and the Minister may grant or refuse the application. (5) Ownership of the minerals in respect of which a minerals exemption was granted reverts to the Crown when the exemption expires or is revoked. 10 Tailings Tailings are to be treated as part of the land on which they are situated, and minerals in them are owned by the Crown unless the property in them passes under section 11, or unless a minerals exemption is current in respect of them. 11 Transfer of property in minerals (1) The property in minerals passes from the Crown to the holder of a licence or a person searching under a miner's right or tourist fossicking authority when the minerals are separated from the land in accordance with the licence, miner's right or tourist fossicking authority. (2) The property in minerals which are separated from the land otherwise than in accordance with a licence, miner's right or tourist fossicking authority remains in the Crown. (3) Subsection (2) does not apply to minerals in respect of which a minerals exemption is current. S. 11A inserted by No. 6/2009 s. 12. 11A Ownership of stone (1) All stone which is on or below the surface of any private land, despite any reservation in the Crown grant or in any Crown lease of the land, is not the property of the Crown but is the property of the owner of the land.
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), 68/2014 s. 17. (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) 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. 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
13 Exploration licences (1) The holder of an exploration licence is, subject to section 43(1), entitled to carry out exploration on the land covered by the licence. (2) An exploration licence must describe the land by reference to graticular sections (whether whole or part), unless the Minister decides otherwise. (3) An exploration licence— S. 13(3)(a) substituted by No. 82/2000 s. 12(1). (a) is current for the time specified in the licence (unless it is surrendered or cancelled earlier or unless this Act otherwise provides); and (b) may be renewed in accordance with the provisions of this Part; and (c) applies to the area, not less than 1 nor more than 500 graticular sections, specified in the licence, unless the Minister decides otherwise. S. 13(4) inserted by No. 82/2000 s. 12(2). (4) In issuing an exploration licence, the Minister may specify on the licence that it is to remain current for a period of up to 5 years from the date on which it is registered. S. 13(5) inserted by No. 74/2010 s. 28(1). (5) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, an exploration licence is declared not to be personal property. 14 Mining licences S. 14(1) amended by Nos 82/2000 s. 13(1), 10/2014 s. 6. (1) The holder of a mining licence is, subject to section 42(1), entitled to carry out mining on the land covered by the licence and— (a) to explore for minerals; and
S. 15(1A)(d) substituted by No. 82/2000 s. 14(1)(b). (d) a licence over land in respect of which an application for a licence has already been made (unless the application is made on the same day as the other application); or S. 15(1A)(e) amended by No. 82/2000 s. 14(1)(c). (e) a licence over land that is subject to the tender process under section 27; or S. 15(1A)(f) inserted by No. 82/2000 s. 14(1)(c). (f) a licence over land that is the subject of an exemption under section 6 or 7; or S. 15(1A)(g) inserted by No. 82/2000 s. 14(1)(c), repealed by No. 63/2006 s. 9(a), new s. 15(1A)(g) inserted by No. 59/2010 s. 9(5). (g) a prospecting licence over land that abuts land covered by an adjoining prospecting licence and— S. 15(1A)(g)(i) amended by No. 64/2012 s. 19(1). (i) that application has been made within 2 years after the registration of the adjoining prospecting licence; or (ii) the land to be covered by that application and land covered by other prospecting licences will form a contiguous area of land that exceeds 20 hectares; or S. 15(1A)(ga) inserted by No. 64/2012 s. 19(2). (ga) a prospecting licence over land that abuts land that is the subject of an application for a prospecting licence; or S. 15(1A)(h) inserted by No. 82/2000 s. 14(1)(c). (h) a licence over land that was covered by a previous licence if the application is lodged less than 28 days after the previous licence ceased to apply to the land; or
S 15(1BH) inserted by No. 68/2014 s. 20(1). (1BH) Unless otherwise provided by the regulations, an application for a mining licence, prospecting licence or retention licence must include a survey of the boundaries of the land proposed to be covered by the licence in accordance with Division 3A. S. 15(1C) inserted by No. 82/2000 s. 14(2). (1C) An application for a licence is ineffective, and must not be accepted by the Minister, if it does not contain all of the details required by the regulations for an application for that type of licence. S. 15(1D) inserted by No. 82/2000 s. 14(2). (1D) For the purpose of determining whether an application falls within a category listed in subsection (1A), the Minister may ask the applicant to provide additional information about the application (but only if that information is not information that was required by the regulations). S. 15(1E) inserted by No. 82/2000 s. 14(2). (1E) The request for the additional information must be made in writing and may specify a time within which the information is to be given to the Minister. S. 15(1F) inserted by No. 82/2000 s. 14(2). (1F) If, in asking for additional information, the Minister specified a period within which the information was to be given, the application lapses if— (a) the information is not given to the Minister within the time specified by the Minister in making the request (or within any later time subsequently allowed by the Minister in writing); and (b) the Minister has not withdrawn the request for the information within the times referred to in paragraph (a). S. 15(1G) inserted by No. 82/2000 s. 14(2). (1G) If, in asking for additional information, the Minister did not specify a period within which the information was to be given, the application
program of work if the Minister considers it unnecessary or inappropriate in the circumstances. S. 15(6B) inserted by No. 59/2010 s. 9(9). (6B) Without limiting subsection (6), an applicant for a mining licence (other than an infrastructure mining licence) or a retention licence must satisfy the Minister that there is a reasonable prospect that the mining of the mineral resource described in the application will be economically viable. S. 15(6C) inserted by No. 59/2010 s. 9(9). (6C) Without limiting subsection (6), in the case where the Minister accepts an application for a mining licence or a retention licence referred to in subsection (1BB), the Minister must, for the purpose of being satisfied whether to grant the mining licence or retention licence, consider the mineralisation report included in the application. (7) An applicant for a licence must provide any additional information about the application that is requested in writing by the Minister, within 14 days after receipt of the request or any longer time allowed by the Minister. S. 15(8) substituted by No. 82/2000 s. 14(4). (8) If the Minister asks for additional information about an application, the application lapses if— (a) the information is not given to the Minister within the time required by subsection (7); and (b) the Minister has not withdrawn the request for the information within that time. S. 15(9) substituted by No. 82/2000 s. 14(4), amended by No. 64/2012 s. 19(9), substituted by No. 68/2014 s. 20(2). (9) In consenting to the granting of a mining licence, prospecting licence or retention licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence, the holder of, or the applicant for, the exploration licence may make the consent conditional on specified depth restrictions.
(2) A withdrawal takes effect on the delivery of the notice to the principal office of the Department Head. Ss 19, 20 amended by No. 76/1998 s. 31(b), repealed by No. 82/2000 s. 17. * * * * * S. 21 repealed by No. 82/2000 s. 17. * * * * * S. 22 amended by Nos 86/1993 s. 10(a)(b), 76/1998 s. 31(b), repealed by No. 82/2000 s. 17. * * * * * S. 23 (Heading) inserted by No. 64/2012 s. 21(1). S. 23 substituted by No. 82/2000 s. 18. 23 Ranking of applications S. 23(1) amended by No. 64/2012 s. 21(2). (1) If more than one application for a licence in respect of the same land is received on the same day, the Minister must rank those applications in accordance with this section. S. 23(2) amended by No. 64/2012 s. 21(3). (2) The Minister must give the highest ranking to the application that he or she believes will best further the objectives of this Act after considering— (a) the relative merits of the applications; and
S. 25A(1)(a) substituted by No. 59/2010 s. 12(1). (a) a person applies for a prospecting licence over land that is covered by an exploration licence; and S. 25A(1)(b) repealed by No. 59/2010 s. 12(2). * * * * * S. 25A(1)(c) substituted by No. 59/2010 s. 12(3). (c) the exploration licence was first registered more than 2 years before the application was lodged; and S. 25A(1)(d) amended by No. 59/2010 s. 12(4). (d) the person is unable to obtain the written consent of the holder of the exploration licence to the granting of the licence. (2) The person may apply to the Minister for the Minister to waive the need for the person to obtain the exploration licence holder's consent to the granting of the licence. (3) An application must be made in the form and manner required by the Minister. S. 25A(4) amended by No. 59/2010 s. 12(5). (4) On the receipt of an application for waiver, the Minister must assess whether the granting of the prospecting licence would mean that the limit imposed by section 25(1)(c)(i) or (ii) would be exceeded. (5) If the Minister determines that the limit would not be exceeded, the Minister must refer the application for waiver to the mining warden for a recommendation as to whether the Minister should grant the waiver. (6) The mining warden must, within 30 days after receiving a referral, make a recommendation to the Minister about whether or not the Minister should grant the waiver. (7) The mining warden must not recommend that the Minister grant a waiver unless the mining warden
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— S. 26AA(a) substituted by 68/2014 s. 27. (a) that has been exempted under section 7 from being subject to a licence; and
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. Pt 2 Div. 4 (Heading) inserted by No. 63/2006 s. 13, amended by No. 64/2012 s. 24. Division 4—Requirements if agricultural land covered by mining licence or prospecting licence S. 26A inserted by No. 82/2000 s. 22. 26A Statement of economic significance if agricultural land covered by licence S. 26A(1) amended by No. 64/2012 s. 25, No. 68/2014 s. 31(a). (1) This section applies if a licensee holding a mining licence or prospecting licence that covers agricultural land that is not owned by the licensee proposes to carry out mining on that land. S. 26A(2) amended by No. 68/2014 s. 31(b). (2) The licensee must prepare a statement of the economic significance of the mining— (a) that contains an assessment of the benefits to of the proposed mining, including employment and revenue considerations; and (b) that contains an assessment of those benefits if it was not possible to carry out the mining on the agricultural land. (3) The assessment required by subsection (2)(b) must be made with respect to each separately owned or occupied property that comprises the agricultural land.
S. 27C inserted by No. 63/2006 s. 15. 27C Consultation and notification requirements (1) The Minister must, as soon as practicable after a successful tenderer for a licence covering unrestricted Crown land is notified under section 27A(1) that the tender has been accepted, consult with the Crown land Minister in relation to the carrying out of work on that land and that Minister may recommend to the Minister conditions to which the licence should be made subject. (2) The Department Head must, within 14 days after a successful tenderer is notified under section 27A(1) that the tender has been accepted, give notice of the acceptance of the tender to the persons and bodies referred to in section 18. S. 27D inserted by No. 63/2006 s. 15. 27D Application of provisions to tenders (1) The application process under Division 2 does not apply to a tender under this Division except as provided in this section. (2) Sections 24, 25, 25A and 26 apply to a tender for a licence as if the successful tenderer were an applicant for the licence. S. 27D(2A) inserted by No. 59/2010 s. 17(1). (2A) In addition, section 26(2) applies to an exploration licence or a mining licence or retention licence granted to a successful tenderer under this Division (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. 27D(3) amended by Nos 59/2010 s. 17(2), 68/2014 s. 33. (3) Without limiting subsection (2), the Minister must not grant a licence to a person who has submitted a tender unless the Minister is satisfied
S. 29(1) amended by No. 82/2000 s. 25, substituted by No. 63/2006 s. 18(1), amended by No. 59/2010 s. 18. (1) A licensee (other than a licensee who is a holder of a prospecting licence) may, before a licence expires, apply in accordance with the regulations to the Minister for renewal of the licence. S. 29(2) amended by No. 63/2006 s. 18(2). (2) If an application for renewal of a licence is lodged before the licence expires, the licence continues in operation until the application is granted and registered or refused. S. 30 repealed by No. 82/2000 s. 26. * * * * * S. 31 amended by No. 86/1993 s. 13, substituted by No. 59/2010 s. 19. 31 Renewals of licences (1) The Minister must refuse to renew a licence if the applicant does not satisfy the Minister as to the matter specified in section 15(6)(ba) unless the applicant satisfies the Minister that the applicant has identified minerals in the land covered by the licence and that— (a) additional time is necessary to assess the economic viability of mining those minerals; or (b) it is not at present economically viable to mine those minerals but it may become so in the future. (2) The Minister may refuse to renew a licence if the Minister is satisfied as to any one or more of the following matters— (a) the applicant as a licensee has not substantially complied with— (i) subject to subsection (3), this Act or the regulations; or
transfer is necessary to ensure that work can be undertaken on the land. (4) A transfer has no effect until evidence of the transfer and the Minister's approval is registered. (5) The holder of the licence to which land has been transferred must give written notice of the transfer to the owners of the land. (6) On a transfer taking effect— (a) any licence conditions that applied to the transferred land cease to apply; and (b) the transferred land is subject to the licence conditions that apply to the licence to which the land has been transferred; and (c) the transferred land becomes part of the land covered by that licence. S. 33B inserted by No. 82/2000 s. 28. 33B Mining licence may be split and transferred (1) This section applies if the holder of a mining licence wishes to transfer an area of land covered by the holder's licence to another person (the transferee), but is not able to do so under section 33A. (2) The holder may apply to the Minister to have the land severed from the holder's licence and made the subject of a separate licence that is subject to the same conditions, and that will have the same currency, as the holder's licence. (3) The application must be made in the manner and form specified by the Minister.
S. 41AB inserted by No. 57/2009 s. 27. 41AB Reporting requirements for declared mines A holder of a licence in respect of a declared mine must provide a report containing the prescribed particulars to the Department Head in accordance with the regulations. S. 41AC (Heading) amended by No. 64/2012 s. 31(1). S. 41AC inserted by No. 57/2009 s. 27. 41AC Chief Inspector to be notified of reportable events in relation to exploration or mining S. 41AC(1) amended by No. 64/2012 s. 31(2). (1) A licensee must report to the Chief Inspector in accordance with the regulations a reportable event as soon as practicable after the reportable event occurs. S. 41AC(2) amended by No. 64/2012 s. 31(3). (2) In this section, reportable event means an event arising out of exploration or mining prescribed as a reportable event for the purposes of this section. S. 41AD (Heading) amended by No. 68/2014 s. 42. S. 41AD inserted by No. 57/2009 s. 27. 41AD Licensee to submit area work plan schedule (1) A licensee who has lodged an area work plan must not carry out any work on the land to which the area work plan relates unless the licensee has submitted to the Department Head, not less than 21 days before carrying out that work, an area work plan schedule containing the prescribed information in relation to that work plan. (2) If an approved cultural heritage management plan (within the meaning of the Aboriginal Heritage Act 2006) is required under that Act or regulations made under that Act in respect of work on land to which an area work plan relates, an area work plan schedule is taken not to have been submitted under subsection (1) unless the area work plan schedule is accompanied by a copy of the approved cultural heritage management plan.
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—
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(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 (b) the licensee has entered into a rehabilitation bond in accordance with section 80; and S. 43(1)(ba) inserted by No. 63/2006 s. 31(1)(b). (ba) the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and (c) the licensee has obtained all the necessary consents and other authorities relating to the land affected required by or under this or any other Act; and S. 43(1)(ca) inserted by No. 63/2006 s. 31(1)(c). (ca) any consent under section 45 or authorisation under section 46 has been registered; and S. 43(1)(cb) inserted by No. 63/2006 s. 31(1)(c). (cb) the licensee has obtained the insurance required under section 39(5); 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. 43(1)(f) repealed by No. 86/1993 s. 23(a)(ii). * * * * * 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), amended by No. 10/2014 s. 22(2). (1A) Subsections (1)(a) and (1)(ba) do not apply to low impact exploration. S. 43(1B) inserted by No. 10/2014 s. 22(3). (1B) Subsection (1)(a), (ab), (b), (ba), (ca) and (d) do not apply to a licensee if the work being carried out involves exploring for minerals on land but does not involve—
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—
statement of reasons for the decision, the day on which the statement of reasons is given to the licensee or the licensee is informed under section 46(5) of that Act that a statement of reasons will not be given. S. 45 (Heading) inserted by No. 63/2006 s. 33(1). 45 Prohibition of work near dwellings and certain places and sites 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)), repealed by No. 10/2014 s. 23(1). * * * * *
informed under section 46(5) of that Act that a statement of reasons will not be given. 74 Disclosure of registered information S. 74(1) amended by No. 82/2000 s. 52(2). (1) The Department Head must— (a) allow access at all reasonable times to the register; and (b) provide information from the register; and S. 74(1)(c) amended by No. 82/2000 s. 52(4). (c) provide a copy of a registered licence; and S. 74(1)(ca) inserted by No. 63/2006 s. 39. (ca) provide a copy of a registered consent given under section 45; and S. 74(1)(cb) inserted by No. 63/2006 s. 39. (cb) provide a copy of a registered authorisation given under section 46; and S. 74(1)(d) inserted by No. 82/2000 s. 52(4). (d) provide a copy of a registered work plan; and S. 74(1)(e) inserted by No. 82/2000 s. 52(4). (e) provide a copy of a registered variation to a work plan— to any person who pays the prescribed fee. S. 74(1A) inserted by No. 82/2000 s. 52(5). (1A) In complying with subsections (1)(d) and (e), the Department Head must exclude from any copy provided any information that is, in the opinion of the Department Head, of a confidential or commercially sensitive nature. S. 74(2) amended by No. 82/2000 s. 52(2). (2) The Department Head may provide information to a prescribed person in connection with—
S. 77F inserted by No. 6/2009 s. 20, repealed by No. 68/2014 s. 44. * * * * * Division 2—Work plans and extractive industry work authorities S. 77G inserted by No. 6/2009 s. 20. 77G Work plan (1) A person who proposes to apply for an extractive industry work authority to carry out an extractive industry must lodge a work plan with the Department Head. S. 77G(2) amended by No. 47/2015 s. 11. (2) Subsection (1) does not apply to a person who proposes to apply for an extractive industry work authority to carry out an extractive industry― S. 77G(2)(a) substituted by No. 68/2014 s. 45. (a) on land that has an area not exceeding 5 hectares and at a depth not exceeding 5 metres; and (b) that does not require blasting or the clearing of native vegetation― unless the Department Head declares, in writing, that the applicant must lodge a work plan. S. 77G(2A) inserted by No. 59/2010 s. 43. (2A) A specified work plan that is lodged under subsection (1) must be statutorily endorsed. S. 77G(3) amended by No. 55/2010 s. 50, substituted by No. 10/2014 s. 27(1) (as amended by No. 47/2015 s. 4). (3) A work plan must— (a) be appropriate in relation to the nature and scale of the extractive industry activities proposed to be carried out; and (b) identify the risks that the extractive industry activities may pose to the environment, to any member of the public, or to land,
(c) refuse to approve the work plan— and notify, and give a statement of reasons for the decision to, the person who lodged the plan. S. 77H inserted by No. 6/2009 s. 20, amended by No. 59/2010 s. 44, substituted by No. 10/2014 s. 28. 77H Application for variation of work plan (1) The holder of an extractive industry work authority who— (a) proposes to vary an approved work plan; or S. 77H(1)(b) amended by No. 47/2015 s. 12. (b) is directed by the Department Head under section 77HA or clause 3A of Schedule 9 to lodge an application for approval of a variation of a work plan— must lodge an application for approval of the variation with the Department Head. (2) An application for approval of a variation must contain the prescribed information. (3) A proposed specified variation that is the subject of an application must be statutorily endorsed. S. 77HA inserted by No. 10/2014 s. 28. 77HA Department Head may direct holder to lodge application for variation of work plan (1) The Department Head may, on his or her own initiative, determine that an approved work plan be varied. (2) On making a determination, the Department Head must give the holder of the extractive industry work authority written notice of the proposed variation, and the reasons for it, and give the holder an opportunity to comment on the proposal. (3) After considering any comments made by the holder of the work authority, the Department
(e) the protection of groundwater; S. 77J(1)(f) amended by No. 55/2010 s. 51, repealed by No. 47/2015 s. 13(2). * * * * * (g) the payment of royalties; (h) the payment of fees (if any) prescribed in the regulations. (2) If, by the operation of section 77G(2), a person carrying out an extractive industry is not required to have a work plan, the Minister may impose a condition requiring compliance with a Code of Practice on the extractive industry work authority for that extractive industry operation. S. 77J(3) inserted by No. 47/2015 s. 13(3). (3) Following consultation with the holder of the extractive industry work authority, the Minister may by notice in writing require, as a condition to which an extractive industry work authority is subject, that the holder— (a) submit to the Minister a report on work undertaken under the extractive industry work authority; and (b) publish that report. S. 77J(4) inserted by No. 47/2015 s. 13(3). (4) A notice under subsection (3) must specify— (a) the work undertaken under the extractive industry work authority on which the holder must report; and (b) the manner in which the holder must submit the report to the Minister; and
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
S. 85(1)(g) amended by No. 82/2000 s. 57(1). (g) any decrease in the market value of the owner or occupier's interest in the land; and S. 85(1)(h) inserted by No. 82/2000 s. 57(1). (h) loss of opportunity to use tailings disposed of with the consent of the Minister under section 14(2). S. 85(1A) inserted by No. 59/2010 s. 46(2). (1A) Compensation is payable by the licensee to the owner or occupier of private land that is not land affected for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including— (a) damage to the surface of the land; and (b) damage to any improvements on the land; and (c) severance of the land from other land of the owner or occupier; and (d) loss of amenity, including recreation and conservation values; and (e) loss of opportunity to make any planned improvement on the land; and (f) any decrease in the market value of the owner or occupier's interest in the land. (2) The amount of compensation payable under subsection (1)— (a) must, if it is necessary for the owner or occupier of land to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining and moving to that land; and
(a) a description of the licensee's proposed work, including the location and area of that work; and (b) the anticipated date of commencement and anticipated duration of the proposed work; and (c) agreed points of entry onto and exit from the land for the purposes of the proposed work; and (d) the number and type of vehicles, plant and equipment involved in the proposed work; and (e) a description of the facilities, including sanitary arrangements, which the licensee will be providing on the land. S. 87(4) inserted by No. 59/2010 s. 47(3). (4) This section applies to private land (whether or not that land is land affected). 88 Determination of compensation disputes S. 88(1) amended by No. 91/1994 s. 28(2)(a), substituted by No. 52/1998 s. 311(Sch. 1 item 64.7). (1) The owner or occupier or the licensee may— (a) apply to the Tribunal for determination of a disputed claim for compensation; or (b) refer a disputed claim for compensation to the Supreme Court for determination— in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if it were a claim for compensation under that Act and the licensee were the Authority referred to in that Part. S. 88(2) amended by Nos 91/1994 s. 28(2)(b)(c), 52/1998 s. 311(Sch. 1 item 64.8). (2) A party who applies to the Tribunal in respect of a claim or refers a claim to the Court under subsection (1) is only entitled to have that claim determined by the Tribunal or the Court (as the case requires) if the Tribunal or the Court is
satisfied, after considering evidence produced to it, that the party has attempted to settle the claim by conciliation but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree. (3) In its application to a claim referred under subsection (1) Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if— S. 88(3)(a) amended by No. 91/1994 s. 28(2)(b). (a) it required the Tribunal or the Court (as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and S. 88(3)(b) amended by No. 91/1994 s. 28(2)(b). (b) section 91(1) provided that the licensee must pay the licensee's own costs and the costs of the other party unless— S. 88(3)(b)(i) substituted by No. 82/2000 s. 57(2). (i) the other party is not the owner or occupier of the land affected; or (ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably— in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper. (4) The licensee must lodge a copy of a determination under this section with the mining registrar for registration. S. 88A inserted by No. 82/2000 s. 59. 88A Determination of disputes—Crown land (1) A licensee may apply to the Tribunal for a review of any requirement made by the Minister under section 85A. (2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or
application of either party be determined by the Magistrates' Court. S. 89AB inserted by No. 6/2009 s. 31. 89AB Measure of compensation payable under section 89AA Compensation payable under section 89AA is compensation for— (a) deprivation of the possession of the surface of the land or any part of the surface; and (b) damage to the surface of any land and to any improvements on the land which has been caused by or may arise from the carrying on of any operation under the search authority on the land in respect of which the search authority was granted; and (c) all consequential damage to the land. Pt 8A (Heading and ss 89A–89H) inserted by No. 63/2006 s. 45. S. 89A inserted by No. 63/2006 s. 45. 89A Power to make Codes of Practice (1) The Minister, in accordance with this Part, may make Codes of Practice that— (a) specify standards and procedures for the carrying out of any of the objectives or purposes of this Act or the regulations made under this Act; and
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.
(2) A report under subsection (1) must include a brief summary of the following things that occurred in that financial year— (a) the nature and status of any dispute referred to the mining warden under section 97; (b) the nature and status of any matter referred to the mining warden under section 98; (c) any other activity commenced, conducted or completed by the mining warden under this Act. Pt 12 (Heading) amended by No. 82/2001 s. 34(a). S. 105 amended by Nos 86/1993 s. 32, 56/1995 s. 42, 69/2000 s. 60, repealed by No. 82/2001 s. 34(b). * * * * * Pt 12 Div. 1 (Heading) inserted by No. 68/2014 s. 55. Division 1—Definitions S. 105A inserted by No. 68/2014 s. 55. 105A Definitions In this Part— authorised person means a person authorised by the Minister under section 110AB(2); authority means a licence, an extractive industry work authority, a miner's right or a tourist fossicking authority.
S. 110(4) substituted by No. 52/1998 s. 311(Sch. 1 item 64.13), amended by Nos 82/2000 s. 64(2), 84/2012 s. 6(6). (4) Subject to subsection (5A) and section 110AA(4), a person whose interests are affected by a decision of the Minister to serve a notice under subsection (2) or vary a notice under subsection (5) may apply to the Tribunal for review of the decision. S. 110(4A) inserted by No. 52/1998 s. 311(Sch. 1 item 64.13). (4A) An application for review must be made within 28 days after the later of— S. 110(4A)(a) amended by No. 84/2012 s. 6(7)(a). (a) the day on which the notice, or notice of the variation, is served; S. 110(4A)(b) amended by No. 84/2012 s. 6(7)(b). (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the 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—
whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and (f) so as to impose a penalty not exceeding 100 penalty units for a contravention of the regulations and, in the case of a contravention of a continuing nature, a further penalty not exceeding 40 penalty units for each day during which the contravention continues after conviction. S. 124(3A) inserted by No. 86/1993 s. 35(2). (3A) Regulations made under subsection (1)(qa) or (qb) must not be inconsistent with any provision of the Dangerous Goods Act 1985 or the regulations made under that Act and any regulation made under that subsection that is so inconsistent is, to the extent of the inconsistency, of no effect. S. 124(4) amended by No. 78/2010 s. 24(Sch. 1 item 20.1). (4) Regulations made under this Act may be disallowed in whole or in part by resolution of either House of Parliament. S. 124(5) repealed by No. 78/2010 s. 24(Sch. 1 item 20.2). * * * * * (6) If, under subsection (4), either House of Parliament disallows a regulation, no regulation which is the same in substance as the disallowed regulation may be made within 6 months after the date of the disallowance, unless the resolution to disallow the regulation has been rescinded by the House of Parliament by which it was passed. (7) Any regulation made in contravention of subsection (6) is void.
S. 132 inserted by No. 89/2005 s. 6. 132 Transitional provision—2005 amendments The amendments made to this Act by the Mineral Resources Development (Brown Coal Royalties) Act 2005 do not affect the rate at which royalties are payable in respect of any lignite produced before the commencement of that Act. S. 133 inserted by No. 63/2006 s. 55. 133 Validation of certain exploration and mining work—2006 amendments (1) Despite section 45 (as in force immediately before the commencement date), a licensee who, before the commencement date, did any work under the licence within an area of land prohibited by section 45(1)(a)(i) to (x) (as in force immediately before the commencement date) or within 100 metres below that area is deemed always to have complied with section 45 in respect of that work if— (a) at the time the work was done an approved work plan and, in the case of a mining licence, a work authority, was registered in respect of the licence; and (b) the work was done in accordance with the approved work plan. (2) Nothing in subsection (1) affects the rights of the parties in the proceedings in VCAT known as Tech-Sol Resources Pty Ltd v Minister for Energy Industries and Resources [2004] VCAT 1648 and [2004] VCAT 1654. (3) In this section commencement date means the date of commencement of section 34 of the Mineral Resources Development (Sustainable Development) Act 2006.
Sch. 3 cl. 4A inserted by No. 50/2002 s. 24(3), substituted by Nos 64/2004 s. 34(2), 57/2006 s. 31(1), amended by No. 90/2009 s. 25(1). 4A. Any land that is described in Divisions 1 to 6 and 9 of Part 3 and Division 1 of Part 4 of the Fifth Schedule to the (Reserves) Act 1978. Sch. 3 cl. 4AB inserted by No. 82/2009 s. 42(3). 4AB. Any land described in Division 2A of Part 4A of the Fifth Schedule to the (Reserves) Act 1978. Sch. 3 cl. 4AC inserted by No. 12/2016 s. 11. 4AC. Any land described in Division 6 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978. Sch. 3 cl. 4AD inserted by No. 12/2016 s. 12. 4AD. Any land described in Division 7 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978. Sch. 3 cl. 4B inserted by No. 57/2006 s. 31(2). 4B. Any land that is described in Part 8 of Schedule Four to the National Parks Act 1975. Sch. 3 cl. 4BA inserted by No. 82/2009 s. 42(4). 4BA. Any land described in Divisions 4 and 5 of Part 4A of the Fifth Schedule to the (Reserves) Act 1978. Sch. 3 cl. 4BB inserted by No. 12/2016 s. 13. 4BB. Any land described in Division 4 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978. Sch. 3 cl. 4C inserted by No. 54/2008 s. 23. 4C. Any land described in Division 1 or 2 of Part 7 of the Fifth Schedule to the (Reserves) Act 1978. Sch. 3 cl. 4D inserted by No. 90/2009 s. 25(2). 4D. Any land described in Divisions 15 to 26 of Part 1 of the Fifth Schedule to the (Reserves) Act 1978.
area of cultural heritage sensitivity means an area specified as an area of cultural heritage sensitivity under regulations made under the Aboriginal Heritage Act 2006; closed road means a road lawfully closed to public access by barriers (including roads closed seasonally, temporarily or permanently, and management vehicle only roads), roads which have been rehabilitated, and roads which are not trafficable due to the regrowth of vegetation; community has the same meaning as in the Flora and Fauna Guarantee Act 1988; critical habitat has the same meaning as in the Flora and Fauna Guarantee Act 1988; damaging, in relation to native trees or vegetation, means all activities that impact native vegetation, but does not include— (a) lopping or trimming no more than one third of the foliage or a tree or shrub (not including the trunk); or (b) mowing or slashing native grasses (but not trees, shrubs or groundcovers) to a height greater than 10 cm; fauna has the same meaning as in the Flora and Fauna Guarantee Act 1988; flora has the same meaning as in the Flora and Fauna Guarantee Act 1988; ground intrusive work means work that disturbs the topsoil or surface rock layer of the ground by machinery (other than hand-held machinery) in the course of drilling a hole, ground levelling or augering;
(b) a natural channel the name of which is registered under the Geographic Place Names Act 1998 in which water regularly flows, whether or not the flow is continuous; or (c) a lake, lagoon, swamp or marsh, being— (i) a natural collection of water (other than water collected and contained in a private dam or a natural depression on private land) into, through or out of which a current that forms the whole or part of the flow of a river, creek, stream or watercourse passes, whether or not the flow is continuous; or (ii) a collection of water (other than water collected and contained in a private dam or a natural depression on private land) that the Governor in Council declares under section 4(1) of the Water Act 1989 to be a lake, lagoon, swamp or marsh; or (d) land which is regularly or intermittently covered by water from a waterway as described in paragraph (a), (b) or (c) but does not include— (i) any artificial channel or work which diverts water away from such a waterway; or (ii) an area covered by the floodwaters of a waterway; or (iii) an area, other than the waterway, designated on a planning scheme
Assent Date: 30.5.17 Commencement Date: Ss 4, 5, 9, 10 on 15.6.17: Special Gazette (No. 195) 14.6.17 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017 Assent Date: 24.10.17 Commencement Date: Ss 15–17 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks Victoria Act 2018, No. 19/2018 Assent Date: 5.6.18 Commencement Date: S. 247 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Amendments Not in Operation This publication does not include amendments made to the Mineral Resources (Sustainable Development) Act 1990 by the following Act/s. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, No. 22/2017 Assent Date: 30.5.17 Commencement Date: Ss 6–8 on 1.7.20: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Oaths and Affirmations Act 2018, No. 6/2018 Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 89) not yet proclaimed Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Environment Protection Amendment Act 2018, No. 39/2018
(2) In the definition of auditor in section 77U of the Mineral Resources (Sustainable Development) Act 1990, for "appointed under section 53S of the Environment Protection Act 1970" substitute "within the meaning of the Environment Protection Act 2017". 4 Explanatory details