(b) to establish a legal framework aimed at ensuring that— S. 2(1)(b)(i) substituted by No. 6/2009 s. 5(1)(a). (i) mineral and stone resources are developed in ways that minimise adverse impacts on the environment and the community; 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 S. 2(1)(b)(vii) inserted by No. 86/1993 s. 4, amended by Nos 82/2000 s. 3, 55/2010 s. 47. (vii) the health and safety of the public is protected in relation to work being done under a licence; and S. 2(1)(c) inserted by No. 82/2000 s. 3, amended by No. 6/2009 s. 5(2). (c) to recognise that the exploration for, and mining or extraction of, mineral resources and stone must be carried out in a way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994. S. 2(2) repealed by No. 6/2009 s. 5(3). * * * * *
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 of chief administrator amended by No. 86/1993 s. 5(1)(b), repealed by No. 76/1998 s. 31(a)(i).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 of chief mining inspector amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(d).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 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 of Code of practice repealed by No. 86/1993 s. 5(1)(a), new def.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; S. 4(1) def. of community engagement plan inserted by No. 63/2006 s. 6(1), amended by Nos 6/2009 s. 6(2)(a), 59/2010 s. 4(a), 10/2014 s. 4(2). community engagement plan has the meaning set out in sections 40(3)(d) and 77G(3)(c);
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). * * * * * s. 4 mining register means the register kept under Part 6; S. 4(1) def. of occupier amended by No. 76/1998 s. 31(a)(ii). occupier means— (a) in relation to private land, any person lawfully in possession of the land; and (b) in relation to Crown land, the Secretary (as defined in the Conservation, Forests and Lands Act 1987); S. 4(1) def. of owner amended by Nos 86/1993 s. 5(1)(d), 35/1998 s. 18(b), 85/1998 s. 24(Sch. item 42) (as amended by No. 74/2000 s. 3(Sch. 1 item 129.2)), 63/2006 s. 6(1)(a). owner means— (a) in relation to Crown land, means the Crown land Minister; and s. 4 * * * * * (d) in relation to private land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), the person who is registered or
S. 4(1) def. of planned improvement amended by No. 126/1993 s. 264(Sch. 5 item 16). planned improvement, in relation to land, means an improvement on the land in respect of which the owner or occupier had, before an application for a licence covering that land was made— (a) applied for or been granted a building permit or a planning permit; or (b) otherwise demonstrated a genuine intention to proceed; S. 4(1) def. of planning permit inserted by No. 6/2009 s. 6(1). planning permit means a planning permit issued under the Planning and Environment Act 1987; S. 4(1) def. of planning scheme inserted by No. 6/2009 s. 6(1). planning scheme means a planning scheme made under the Planning and Environment Act 1987; S. 4(1) def. of plant substituted by No. 6/2009 s. 6(2)(c). plant means buildings, structures, works or other machinery (whether fixed or mobile) and all other installations or equipment used in the doing of work under a licence or an extractive industry work authority; private land means any land that is not Crown land; S. 4(1) def. of quarry inserted by No. 6/2009 s. 6(1). quarry means— (a) a pit or excavation made in land below the natural surface for the purpose of extracting or removing stone 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; or s. 4
(3) A mining licence— S. 14(3)(a) amended by No. 56/1995 s. 40. (a) is current for the time specified in the licence, not exceeding 20 years from the date on which it is registered unless the Minister decides otherwise; and (b) may be renewed in accordance with the provisions of this Part; and (c) applies to the land described in the licence. S. 14(4) amended by Nos 59/2010 s. 7(1), 43/2012 s. 3(Sch. item 30). (4) The area of the land described in a licence must not exceed 260 hectares, unless the Minister decides a greater area may be required to mine a mineral resource. S. 14(5) inserted by No. 82/2000 s. 13(2), substituted by No. 59/2010 s. 7(2). (5) A mining licence does not entitle the holder of the licence to only explore for a mineral resource during the currency of the licence. S. 14(6) inserted by No. 82/2000 s. 13(2). (6) However, the Minister may, by notice in writing, authorise the holder of such a mining licence to only explore for minerals for a specified period of up to 2 years. S. 14(7) inserted by No. 74/2010 s. 28(2). (7) For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a mining licence is declared not to be personal property. S. 14A inserted by No. 86/1993 s. 8, amended by No. 64/2012 s. 16 (as amended by No. 70/2013 s. 3(Sch. 1 item 47.1)). 14A Licence may be limited to stratum of land s. 14A A licence may be granted— (a) for a stratum of land; or (b) without being limited to a particular stratum— and references in this Act to land must be construed accordingly.
S. 15(1A)(c) amended by No. 59/2010 s. 9(3)(a). (c) a mining licence over land that is covered by an exploration licence or a prospecting licence or retention licence unless— S. 15(1A)(c)(i) amended by No. 59/2010 s. 9(3)(b). (i) the applicant is the holder of the exploration licence, prospecting licence or retention licence; or S. 15(1A)(c)(ii) substituted by No. 82/2000 s. 14(1)(a), amended by No. 59/2010 s. 9(3)(b). (ii) the application is accompanied by the written consent of the holder of the exploration licence, prospecting licence or retention licence to the granting of the licence; or S. 15(1A)(c)(iii) inserted by No. 82/2000 s. 14(1)(a), repealed by No. 59/2010 s. 9(3)(c). * * * * * s. 15 S. 15(1A)(ca) inserted by No. 59/2010 s. 9(4). (ca) a prospecting licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence unless— (i) the applicant is the holder of, or the applicant for, the exploration licence; or (ii) the application is accompanied by the written consent of the holder of, or the applicant for, the exploration licence to the granting of the licence; or (iii) the exploration licence was first registered more than 2 years before the application for the prospecting licence was lodged; or S. 15(1A)(cb) inserted by No. 59/2010 s. 9(4). (cb) a prospecting licence over land that is covered by a retention licence or that is the subject of an application for a retention licence unless—
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). s. 15 (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(1A)(i) inserted by No. 82/2000 s. 14(1)(c). (i) a licence over land that was the subject of a previous application if the application is lodged less than 28 days after the previous application lapsed, or was withdrawn, rejected or not accepted. S. 15(1B) inserted by No. 86/1993 s. 9(1), amended by No. 59/2010 s. 9(6). (1B) An application of a kind described in paragraphs (a) to (e) of subsection (1A) must be taken to be an application for an exploration licence, mining licence, prospecting licence or
of charge, during office hours until the application is granted or refused. 25 Grant or refusal of licence s. 25 (1) The Minister must not grant a licence over land— (a) that is covered by a mining licence; or S. 25(1)(b) amended by No. 82/2000 s. 19(a), substituted by No. 59/2010 s. 11(1). (b) that is covered by an exploration licence, unless the application is for a mining licence or retention licence and, if the applicant is not the holder of the exploration licence, the holder of that licence consents in writing; or S. 25(1)(ba) inserted by No. 59/2010 s. 11(2). (ba) that is covered by an exploration licence or that is the subject of an application for an exploration licence, unless the application is for a prospecting licence and, if the applicant is not the holder of the exploration licence or the applicant for the exploration licence— (i) the holder or applicant of the exploration licence consents in writing; or (ii) in the case of an exploration licence, both of the following conditions apply— (A) the exploration licence was first registered more than 2 years before the application was lodged; and (B) the Minister has waived the need for the exploration licence holder's consent under section 25A; or S. 25(1)(c) amended by No. 82/2000 s. 19(c), substituted by No. 59/2010 s. 11(3). (c) that has been covered by an exploration licence for at least 2 years, if the granting of the licence would mean that—
S. 26(9) inserted by No. 63/2006 s. 11(3). (9) On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, covered by an exploration licence ceases to be covered by that exploration licence. S. 26(10) inserted by No. 59/2010 s. 13(2). (10) On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, covered by a prospecting licence or retention licence ceases to be covered by that prospecting licence or retention licence. S. 26(11) inserted by No. 59/2010 s. 13(2). (11) On the registration of the grant of a retention licence, any land covered by that licence that was, immediately before the registration, covered by an exploration licence or prospecting licence ceases to be covered by that exploration licence or prospecting licence. S. 26AAA inserted by No. 10/2014 s. 10. 26AAA Transfer of consents and approvals to undertake work The Department Head may approve the transfer of an approved work plan, rehabilitation bond or any other consent or approval in relation to a licence under this Act to any other licence held by the same licensee. Pt 2 Div. 3 (Heading and ss inserted by No. 63/2006 s. 12. Division 3—Licence process for direct allocation of licences relating to coal Subdivision 1—General S. 26AA inserted by No. 63/2006 s. 12. 26AA Definition s. 26AAA In this Division, exempted land means land— (a) that has been exempted under section 7 from being subject to an exploration licence or a mining licence or both; and
S. 27E inserted by No. 63/2006 s. 15. 27E Minister may not accept any tenders s. 27E (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 (b) unless the land has been exempted under section 7 from being subject to an exploration licence or a mining licence, or both, 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. 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. 34(1A) inserted by No. 82/2000 s. 29(2), repealed by No. 63/2006 s. 20(1). * * * * * (2) The Minister may act under subsection (1)— (a) at the request of the licensee; or (b) if the Minister decides it is necessary for the protection of the environment or 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). s. 34 (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. 38(1AA) inserted by No. 59/2010 s. 22(3). (1AA) Subsection (1)(b)(iiia) applies only to a period referred to in that subparagraph that commences on or after the day on which section 22(1) of the Mineral Resources Amendment (Sustainable Development) Act 2010 comes into operation. S. 38(1A) inserted by No. 86/1993 s. 17(2), amended by Nos 82/2000 s. 33(2), 53/2011 s. 5. (1A) The Minister must not cancel a licence under subsection (1) because of non-compliance with section 15(6)(ba) if the Minister waived compliance by the licensee with that section under section 31(1) or 33(3A) (as the case requires). S. 38(1B) inserted by No. 86/1993 s. 17(2). (1B) The Minister may cancel a licence, by instrument served on the licensee— S. 38(1B)(a) amended by No. 82/2000 s. 33(3), substituted by No. 10/2014 s. 12(1). (a) in the case of a mining licence, if the licensee has not lodged a work plan within 12 months (or any longer period allowed by the Minister) after the licence was granted; or S. 38(1B)(b) amended by Nos 82/2000 s. 61(b), 6/2009 s. 14. (b) in the case of an exploration licence if the licensee has not commenced work within 3 months (or any longer period allowed by the Minister) after notifying the Chief Inspector under section 43(1)(d)(i) of the licensee's intention to commence work. S. 38(2) repealed by No. 63/2006 s. 23(2). s. 38 * * * * * S. 38(2A) inserted by No. 82/2000 s. 33(4), amended by No. 10/2014 s. 12(2). (2A) The Minister must, by instrument served on the licensee, cancel a mining licence if a work plan is not approved for that licence within 18 months after the date the approval of the licence is registered, unless the Minister is satisfied that—
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). s. 41AC (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 inserted by No. 57/2009 s. 27. 41AD Licensee to submit area plan work schedule (1) A licensee who has lodged an area work plan must not carry out any work on the land to which the area work plan relates unless the licensee has submitted to the Department Head, not less than 21 days before carrying out that work, an area work plan schedule containing the prescribed information in relation to that work plan. (2) If an approved cultural heritage management plan (within the meaning of the Aboriginal Heritage Act 2006) is required under that Act or regulations made under that Act in respect of work on land to which an area work plan relates, an area work plan schedule is taken not to have been submitted under subsection (1) unless the area work plan schedule is accompanied by a copy of the approved cultural heritage management plan.
S. 42(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 (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 s. 42A (1) This section applies if—
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 (d) the licensee has given— S. 43(1)(d)(i) amended by Nos 82/2000 ss 42(1)(b), 61(b), 6/2009 s. 16. (i) 7 days' notice to the Chief Inspector; and S. 43(1)(d)(ii) amended by No. 82/2000 s. 42(1)(b). (ii) 7 days' notice (or any shorter period agreed between the licensee and the owners and occupiers of the land 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— s. 43 (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
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). S. 45(2) substituted by No. 63/2006 s. 33(3). (2) A licensee may, with the consent of the owners of the land on which a dwelling house is situated, do work within the area prohibited by subsection (1)(a)(i) in relation to that dwelling house or within 100 metres below that area. S. 45(3) amended by Nos 93/1995 s. 218(1)(2) (Sch. 2 items 5.3, 9.2) (as amended by No. 66/1997 s. 10), 18/1997 s. 3(2), repealed by No. 82/2000 s. 45(3), new s. 45(3) inserted by No. 63/2006 s. 33(3). (3) A consent given by any owner of land under subsection (2)— s. 45 (a) must be in writing and in the prescribed form (if any); and (b) cannot be withdrawn by that owner or by any subsequent owner of the land; and (c) binds all subsequent owners and occupiers of the land. S. 45(4) repealed by No. 10/2014 s. 23(1). * * * * *
S. 55(1)(b) amended by No. 50/2002 s. 22. (b) Crown land (other than land exempted under section 6, 6A or 7 of this Act or nominated under section 7(1) of the (Reserves) Act 1978). S. 55(1A) inserted by No. 82/2000 s. 49(1), amended by No. 59/2010 s. 26(2). (1A) If the land is covered by a mining licence, prospecting licence or retention licence, the holder of a miner's right is entitled to search for minerals on the land if he or she has, in addition to any consent required under subsection (1), the consent of the licensee. S. 55(2) substituted by No. 82/2000 s. 49(1). (2) A consent granted under subsection (1) or (1A)— (a) may be granted subject to conditions; and (b) may be withdrawn at any time by the person who granted it. S. 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 s. 56 (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.
(ix) instruments of amalgamation of licences; (x) notices of surrender of licences; (xi) instruments of cancellation of licences; S. 69(2)(a)(xii) amended by No. 86/1993 s. 29. (xii) instruments of variation, suspension, revocation or addition of licence conditions; (xiii) approved instruments of transfer of licences; S. 69(2)(a)(xiv) amended by No. 82/2000 s. 52(3)(c). (xiv) instruments for creating, assigning or affecting interests in, or conferred by, licences (including mortgages); (xv) instruments for the devolution of licences or interests in, or conferred by, licences; S. 69(2) (a)(xva) inserted by No. 64/2012 s. 36. (xva) instruments (including mortgages) for the termination or cancellation of interests in, or conferred by, licences; s. 69 S. 69(2)(a)(xvi) amended by Nos 91/1994 s. 28(1), 52/1998 s. 311(Sch. 1 item 64.5). (xvi) determinations of the Tribunal or the Supreme Court as to the amount of compensation payable; (xvii) any other prescribed documents; and (b) record in the register the prescribed information contained in— (i) any document registered under paragraph (a); and (ii) any other document that is required to be lodged under this Act; and (c) endorse on the document and in the register the date and time of registration.
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— (a) the establishment of; or (b) the operation of; or (c) the satisfaction of enquiries to— the integrated computerised information retrieval project, relating to information about land, its ownership and use, that is known as Landata. S. 75 amended by No. 82/2000 s. 52(2). 75 Survey standards s. 75 The Department Head may, subject to the regulations, specify standards for surveys and the
(8) A person may apply to the Tribunal for review of a decision by the Crown land Minister— (a) to refuse to consent under subsection (4)(c); or (b) to consent subject to conditions under subsection (4)(b). S. 77B inserted by No. 6/2009 s. 20. 77B Special requirements for particular land s. 77B S. 77B(1) amended by No. 17/2012 s. 92(1). (1) A person who proposes to carry out any search for stone on land that is owned by, vested in or managed or controlled by an Authority under the Water Act 1989 must obtain the consent of that Authority. (2) A person who proposes to carry out any search for stone on land on which there is a public highway, road or street must give 21 days notice of the proposed search to the person or body having the care or management of the public highway, road or street. S. 77B(3) amended by No. 17/2012 s. 92(2)(b). (3) A person must not do work at a depth of more than 0·75 metres below any land that is within 100 metres of— S. 77B(3)(a) amended by No. 17/2012 s. 92(2)(a). (a) a waterway that is owned by, vested in or managed or controlled by an Authority under the Water Act 1989; or S. 77B(3)(b) amended by No. 17/2012 s. 92(2)(b). (b) any main drains, sewers, aqueducts, channels or pipelines of that Authority— unless the person has first consulted with the Authority and does so in compliance with any conditions specified by the Authority.
S. 77TD(5) amended by No. 64/2012 s. 38(2) (as amended by No. 70/2013 s. 3(Sch.1 item 47.2)). (5) The Department Head must, as the case requires, give the licensee, holder of an extractive industry work authority or person proposing to apply for an extractive industry work authority who gave the work plan or the variation to an approved work plan, his or her statement of reasons for his or her decision under this section. S. 77TE inserted by No. 59/2010 s. 45. 77TE Department Head must give work plan or variation application to referral authority s. 77TE S. 77TE(1) amended by No. 10/2014 s. 34(1). (1) On receiving a work plan or a variation to an approved work plan, the Department Head must, within 28 days, give a copy of the work plan or variation to an approved work plan to every referral authority that the Department Head considers, having regard to the kind of work proposed under the work plan or variation, should be given the work plan or variation. (2) Before complying with subsection (1), the Department Head must be satisfied that the work plan or the variation to an approved work plan complies with the regulations. S. 77TE(3) inserted by No. 10/2014 s. 34(2). (3) If the Department Head gives a copy of the work plan or variation to an approved work plan to a referral authority, the Department Head must, by written notice, endorse or refuse to endorse the work plan or the variation to the approved work plan— (a) within 28 days of being told by a referral authority that it objects or does not object to the endorsement of the work plan or variation of the work plan; or (b) within 28 days of the expiry of the time specified in section 77TF(2).
S. 77TG inserted by No. 59/2010 s. 45. 77TG Interrelationship with the Planning and Environment Act 1987 s. 77TG (1) Despite anything to the contrary in the Planning and Environment Act 1987, section 55(1) of that Act does not apply to those parts of an application referred to in that section that consist of a work plan or a variation to an approved work plan given to a referral authority under section 77TE. (2) However, for the purposes of subsection (1), a referral authority does not include the Department Head or Department (as the case requires). S. 77TH inserted by No. 59/2010 s. 45, amended by No. 64/2012 s. 39, repealed by No. 10/2014 s. 35. * * * * * __________________ Pt 6C (Heading and ss 77TI, 77TJ) inserted by No. 10/2014 s. 36. S. 77TI inserted by No. 10/2014 s. 36. 77TI Review by Tribunal s. 77TI (1) A licensee or the holder of an extractive industry work authority may apply to the Tribunal for review of— (a) a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to refuse to approve a work plan or a variation of an approved work plan; or
S. 80(2) amended by No. 76/1998 s. 31(j)(i), substituted by No. 63/2006 s. 42. (2) If land covered by a mining licence is private land, the Minister must, before determining the amount of a rehabilitation bond, consult with— (a) the council in whose municipal district the land is situated; and (b) the owner of the land. S. 80(2A) inserted by No. 6/2009 s. 24(2). (2A) If the land that is proposed to be covered by an extractive industry work authority is private land, the Minister must, before determining the amount of a rehabilitation bond, consult with the council in whose municipal district the land is situated. S. 80(3) amended by Nos 76/1998 s. 31(j)(ii), 6/2009 s. 24(3). (3) The condition of a rehabilitation bond is that the authority holder rehabilitates the land as required by section 78 or 78A to the satisfaction of the Minister. s. 80 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 No. 82/2000 s. 54(1). (6) The licensee must comply with a notice under subsection (5). 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. 81 amended by Nos 82/2000 s. 54(2), 63/2006 s. 43 (ILA s. 39B(1)). 81 Rehabilitation s. 81 S. 81(1) amended by No. 6/2009 s. 25(1)(a). (1) The authority holder must rehabilitate land in the course of doing work under the authority and must, as far as practicable, complete the rehabilitation of the land before the authority or any renewed authority ceases to apply to that land. S. 81(2) inserted by No. 63/2006 s. 43, amended by No. 6/2009 s. 25(1)(b). (2) If the rehabilitation has not been completed before the authority or renewed authority ceases to apply to the land the former authority holder must complete it as expeditiously as possible. S. 81(3) inserted by No. 63/2006 s. 43, substituted by No. 6/2009 s. 25(2). (3) While the rehabilitation is being completed, a former authority holder must continue the appointment of—
be no greater if the land is not owned and occupied by the same person than if it is. (2) Nothing in subsection (1) limits the amount of solatium payable to the owner or occupier under section 85(2). S. 89(3) inserted by No. 82/2000 s. 60, amended by No. 59/2010 s. 48(2). (3) The maximum amount of compensation that a court or the Tribunal may order to be paid under section 85(1)(e) or (1A)(b) (loss of amenity) is $10 000. Pt 8 Div. 2 (Heading and ss 89AA, 89AB) inserted by No. 6/2009 s. 31. Division 2―Extractive industries search authorities S. 89AA inserted by No. 6/2009 s. 31. 89AA Compensation―search authorities (1) Compensation is payable by the Crown to the owner or occupier of any land in respect of which an authority is granted under section 77C (a search authority) for damage that has been or will be sustained by the owner or occupier to crops or improvements, including permanent artificial water supply, by reason of any operation that has been or will be carried out on that land under the search authority. (2) The holder of a search authority must not commence any surveys or operations on any land unless the Crown has paid or tendered to the owner and to the occupier of the land the amount of compensation (if any) in each case that is— (a) agreed on by the Crown and the owner or occupier (as the case may be); or s. 89AA
return the identity card to the Department Head as soon as practicable. Pt 9 Div. 2 (Heading) inserted by No. 63/2006 s. 49. Division 2—Performance of functions or exercise of powers S. 93 substituted by Nos 82/2000 s. 62, 63/2006 s. 49. 93 Inspectors subject to Department Head's directions (1) An inspector is subject to the Department Head's directions in the performance of his or her functions or in the exercise of his or her powers under this Act or the regulations. (2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter. Pt 9 Div. 3 (Heading and ss 94–95B) inserted by No. 63/2006 s. 49. Division 3—Powers relating to entry New s. 94 inserted by No. 63/2006 s. 49. 94 Power to enter s. 93 (1) An inspector may enter a place that the inspector reasonably believes is a worksite at any time during working hours. S. 94(2) amended by No. 84/2012 s. 4. (2) However, an inspector may enter any place that the inspector reasonably believes is a worksite at any time if the inspector reasonably believes that there is an immediate risk to public safety, the environment, land, property or infrastructure arising from the conduct of an undertaking at the place. New s. 95 inserted by No. 63/2006 s. 49. 95 General powers on entry An inspector who enters a place under this Division may do any of the following—
S. 95P inserted by No. 63/2006 s. 49. 95P Inspector may take affidavits s. 95O An inspector is authorised to take affidavits for any purpose relating or incidental to the performance of his or her functions or exercise of his or her powers under this Act or the regulations. S. 95Q inserted by No. 63/2006 s. 49. 95Q Inspector may copy documents An inspector may make copies of, or take extracts from, a document or part of a document given to the inspector in accordance with a requirement under this Act or the regulations. Pt 9 Div. 10 (Heading and s. 95R) inserted by No. 63/2006 s. 49. Division 10—Offences S. 95R inserted by No. 63/2006 s. 49. 95R Offences in relation to inspections s. 95R (1) A person must not wilfully assault, obstruct or attempt to obstruct, threaten, intimidate or attempt to intimidate an inspector in the exercise of the inspector's powers or the discharge of the inspector's duties. In the case of a corporation, 1000 penalty units; In any other case, 200 penalty units. (2) A person must not— (a) contravene or fail to comply with any lawful requirement of an inspector; or
S. 111A inserted by No. 82/2000 s. 65. 111A Default penalties s. 111A (1) If a person is convicted of an offence against this Act in respect of which a default penalty is provided, the person is guilty of a further offence for each day the offence continues after the conviction, and is liable to be fined up to the amount specified as the default penalty. (2) This section does not apply if, owing to a circumstance such as the loss of a document needed to comply with this Act, it is not possible for a person to comply with the provision in respect of which the offence was committed. _______________ 112 Surveys and drilling operations s. 112 S. 112(1) substituted by No. 82/2000 s. 66(1). (1) The Minister may authorise in writing any person to enter, or fly over, any land for the purpose of making a land, mining or geological survey 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 No. 82/2000 s. 66(2). (a) may do any thing on the land that is necessary for the purposes of the survey 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
low impact exploration means exploration that does not involve any of the following— (a) the use of explosives; (b) the taking of flora listed under section 10 or Schedule 2 of the Flora and Fauna Guarantee Act 1988, unless that flora is taken from private land that is not owned by a public authority; (c) the taking of flora from a community listed under section 10 or Schedule 2 of the Flora and Fauna Guarantee Act 1988, unless that community is found on private land that is not owned by a public authority; (d) the taking of fauna listed under section 10 or Schedule 2 of the Flora and Fauna Guarantee Act 1988; (e) the taking of any taxon or community of flora or fauna from any habitat or parts of habitat under section 20 of the Flora and Fauna Guarantee Act 1988; (f) the removal or damaging of more than 1 hectare of native vegetation if that area does not contain any native trees during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first; (g) the removal or damaging of more than 15 native trees that have a trunk diameter of less than 40 cm at a height of 1.3 metres above ground level during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first;
hydraulic fracturing means the injection of water and other materials into a bore under pressure; native tree means a tree that is indigenous to Victoria; native vegetation means plants indigenous to Victoria including trees, shrubs, herbs and grasses; Sch. 4A public authority has the same meaning as in the Flora and Fauna Guarantee Act 1988; road means a road within the meaning of the Road Management Act 2004 and includes Crown land permanently or temporarily formed for the passage of motor vehicles having four or more wheels, and land specified as an unused road under section 400 of the Land Act 1958; structure means materials that have been erected for the purpose of facilitating exploration activities and includes, but is not limited to, facilities associated with exploratory team members, sound attenuation devices to minimise noise disturbance from exploration activities, and ancillary storage facilities; take has the same meaning as in the Flora and Fauna Guarantee Act 1988; taxon has the same meaning as in the Flora and Fauna Guarantee Act 1988; waterway means— (a) a river, creek, stream or watercourse the name of which is registered under the Geographic Place Names Act 1998; or (b) a natural channel the name of which is registered under the Geographic Place Names Act 1998 in which water
(iii) No. 5444 granted on 5 April 2006; Sch. 8 cl. 8(1)(d) amended by No. 64/2012 s. 40(6). (d) exploration licence No. 3242 granted on 24 April 1987 to the extent that the licence covers land within the outer boundaries of the land described in mining licence No. 4470 granted on 14 August 1979; (e) exploration licence No. 3422 granted on 31 January 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5146 granted on 17 December 1996; (f) exploration licence No. 3539 granted on 3 June 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5404 granted on 24 August 1990; (g) exploration licence No. 3640 granted on 15 September 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 4756 granted on 17 January 1989. Sch. 8 (2) Sections 31 and 32, as in force immediately before the commencement of section 19 of amending Act, apply to an application for the renewal of an exploration licence to which this clause applies. (3) In addition, section 38A(2A) and (2B) do not apply to the exploration licence. 9 Decreases in area under current exploration licences—first renewal after amending Act (1) This clause applies— (a) to an exploration licence to which clause 4 of this Schedule applies; and (b) in respect of which an application is made after the commencement of section 21 of the
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 134) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 69) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Brown Coal Royalties) Act 2005, No. 89/2005 Endnotes Assent Date: 29.11.05 Commencement Date: 1.1.06: s. 2 : All of Act in operation Aboriginal Heritage Act 2006, No. 16/2006 (as amended by No. 63/2006) Assent Date: 9.5.06 Commencement Date: S. 198(Sch. 2 item 5) on 28.5.07: Government Gazette 24.5.07 p. 921 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Statute Law (Further Revision) Act 2006, No. 29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 23) on 7.6.06: s. 2(1) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 33) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks and (Reserves) Acts (Amendment) Act 2006, No. 57/2006 Assent Date: 15.8.06 Commencement Date: S. 31 on 16.8.06: s. 2(1) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006
Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 37), (Sch. Pt 2 item 36) on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks and Legislation Amendment (River Red Gums) Act 2009, No. 82/2009 Assent Date: 8.12.09 Commencement Date: S. 42(1)(4) on 29.6.10: Government Gazette 24.6.10 p. 1274; s. 42(2)(3) on 30.9.10: s. 2(2) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks and Legislation Amendment () Act 2009, No. 90/2009 Assent Date: 15.12.09 Commencement Date: S. 25 on 20.8.10: Government Gazette 19.8.10 p. 1799 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Endnotes Energy and Resources Legislation Amendment Act 2010, No. 55/2010 Assent Date: 14.9.10 Commencement Date: Ss 47–56 on 14.10.10: Government Gazette 14.10.10 p. 2404 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Amendment (Sustainable Development) Act 2010, No. 59/2010 (as amended by No. 29/2011) Assent Date: 14.9.10 Commencement Date: Ss 37, 41, 42, 51 on 14.10.10: Government Gazette 14.10.10 p. 2405; ss 4–36, 38–40, 43–50 on 1.2.12: s. 2(2) : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Traditional Owner Settlement Act 2010, No. 62/2010 Assent Date: 21.9.10 Commencement Date: S. 140 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010
Inquiries Act 2014, No. 67/2014 Assent Date: 23.9.14 Commencement Date: S. 147(Sch. 2 item 26) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 : This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes