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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Extractive Industries Development (Amendment)
Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. New section 8 substituted 2
8. Offence to search for stone without owner's consent 2
5. Land not available for searching for stone 3
6. New sections 11 and 12 substituted 3
11. Consent to search for stone on Crown land 3
12. Special requirements for particular land 5
7. New sections 14, 15 and 16 substituted 7
14. Form and content of consent 7
15. Effect of consent 7
16. Power of Minister to cancel or suspend consent etc. 8
8. Conditions on variation of work plan 8
9. Work authorities over land in more than one ownership 9
10. Variation of a work authority 9
11. Conditions on transfer of a work authority 10
12. Consequential amendment 10
13. New section 24A inserted 10
24A. Review of certain decisions about work plans and
authorities 10
14. New section 26 substituted 11
26. Land subject to a mining licence 11
15. New Part 4 substituted 13
PART 4--MANAGERS 13
38. Manager must be appointed 13
16. Consequential amendments 14
17. New section 60 substituted 15
60. Further transitionals--search consents 15
18. Consequential amendments 16
ENDNOTES 17
i
551107B.I1-8/10/2003 BILL LA CIRCULATION 8/10/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 7 October 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Extractive Industries Development Act 1995 to make
further provisions for extractive industries.
Extractive Industries Development
(Amendment) Act 2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to amend the
Extractive Industries Development Act 1995 to
make further provision for extractive industries.
5 2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
551107B.I1-8/10/2003 BILL LA CIRCULATION 8/10/2003
1
Extractive Industries Development (Amendment) Act 2003
s. 3
Act No.
(2) If a provision of this Act does not come into
operation before 1 December 2005, it comes into
operation on that day.
Victorian Legislation and Parliamentary Documents
3. Definitions
5 See: In section 3(1) of the Extractive Industries
Act No.
Development Act 1995--
67/1995.
Reprint No. 2
(a) in the definition of "owner" for paragraph (a)
as at
16 November
substitute--
2002 and
amending
"(a) in relation to Crown land, means the
Act Nos
10 Minister responsible for administering
56/2003 and
61/2003.
the Act under which the Crown land is
LawToday:
controlled or managed;";
www.dms.
dpc.vic.
gov.au (b) the definition of "search permit" is repealed.
4. New section 8 substituted
15 For section 8 of the Extractive Industries
Development Act 1995 substitute--
"8. Offence to search for stone without
owner's consent
A person must not search for stone or carry
20 out any survey or other operation for the
purpose of searching for stone--
(a) on Crown land without the consent of
the owner and any consent required
under section 12(1)(a); or
25 (b) on any private land without--
(i) the consent of the owner of the
land and any consent required
under section 12(1)(a); or
(ii) the authority of the Minister under
30 section 13 and any consent
required under section 12(1)(a).
Penalty: 50 penalty units.".
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Extractive Industries Development (Amendment) Act 2003
s. 5
Act No.
5. Land not available for searching for stone
In section 10 of the Extractive Industries
Victorian Legislation and Parliamentary Documents
Development Act 1995 for "grant a permit"
substitute "give consent under section 11".
5 6. New sections 11 and 12 substituted
For sections 11 and 12 of the Extractive
Industries Development Act 1995 substitute--
"11. Consent to search for stone on Crown
land
10 (1) A person may apply to the Minister
responsible for administering the Act under
which particular Crown land is controlled or
managed for consent to search for stone on
that Crown land.
15 (2) The Minister must, within 14 days after
receiving an application for consent, give
notice of the application to--
(a) any person or body nominated by the
Minister administering the
20 Archaeological and Aboriginal Relics
Preservation Act 1972; and
(b) any person or body nominated in
relation to the application by the
Minister to whom a power has been
25 delegated under section 21B of the
Aboriginal and Torres Strait Islander
Heritage Protection Act 1984 of the
Commonwealth.
(3) The Minister must have regard to any
30 comments or submissions of a person or
body nominated for the purposes of sub-
section (2) in considering an application for
consent.
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Extractive Industries Development (Amendment) Act 2003
s. 6
Act No.
(4) The Minister may, by instrument in
writing--
Victorian Legislation and Parliamentary Documents
(a) consent to search for stone on the
Crown land; or
5 (b) consent to search for stone on the
Crown land subject to conditions; or
(c) refuse to consent to search for stone on
the Crown land.
(5) The Minister must not unreasonably
10 withhold consent.
(6) The Minister must consent or refuse to
consent to an application within 60 days after
receiving the application or within any
further period that the Minister requires to
15 determine the application including the
consideration of comments or submissions
from a person or body nominated for the
purposes of sub-section (2).
(7) If the Minister refuses to consent under sub-
20 section (4), the Minister must, within 7 days
after the decision to refuse, give the person
proposing to carry out the search a statement
in writing of the reasons for the decision.
(8) A person may apply to the Tribunal for
25 review of a decision by the Minister--
(a) to refuse to consent to the person
searching for stone on Crown land; or
(b) to consent to the person searching for
stone on Crown land subject to
30 conditions.
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Extractive Industries Development (Amendment) Act 2003
s. 6
Act No.
12. Special requirements for particular land
(1) A person who proposes to carry out any
Victorian Legislation and Parliamentary Documents
search for stone on land--
(a) that is owned by, vested in or managed
5 or controlled by an Authority under the
Water Act 1989 or a licensee within
the meaning of that Act or Melbourne
Water Corporation must obtain the
consent of that Authority, licensee or
10 Corporation; or
(b) 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
15 the public highway, road or street.
(2) A person may only do work at a depth of
more than 0·75 metres below any land that is
within 100 metres of--
(a) a waterway that is owned by, vested in
20 or managed or controlled by an
Authority under the Water Act 1989 or
a licensee within the meaning of that
Act or Melbourne Water Corporation;
or
25 (b) any main drains, sewers, aqueducts,
channels or pipelines of that Authority,
licensee or Corporation--
after consultation with the Authority,
licensee or Corporation and in compliance
30 with any conditions specified by the
Authority, licensee or Corporation.
5
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Extractive Industries Development (Amendment) Act 2003
s. 6
Act No.
(3) The Authority, licensee or Corporation--
(a) must not unreasonably withhold
Victorian Legislation and Parliamentary Documents
consent under sub-section (1)(a); and
(b) may grant that consent subject to
5 conditions.
(4) If the Authority, licensee or Corporation
does not, within 60 days after the consent
under sub-section (1)(a) being sought, grant
that consent or refuse to consent, that
10 consent is deemed to have been granted.
(5) If the Authority, licensee or Corporation
refuses to consent under sub-section (1)(a)
the Authority, licensee or Corporation must,
within 7 days after the decision to refuse,
15 give the person proposing to carry out the
search a statement in writing of the reasons
for the decision.
(6) A person may apply to the Tribunal for
review of a decision--
20 (a) by the Authority, licensee or
Corporation to refuse to consent to that
person carrying out a search for stone
under sub-section (1)(a); or
(b) by the Authority, licensee or
25 Corporation to consent to that person
carrying out a search for stone under
sub-section (1)(a) subject to conditions;
or
(c) by the Authority, licensee or
30 Corporation to specify any conditions
for that person to do work at a depth of
more than 0·75 metres below any land
under sub-section (2).".
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Act No.
7. New sections 14, 15 and 16 substituted
For sections 14, 15 and 16 of the Extractive
Victorian Legislation and Parliamentary Documents
Industries Development Act 1995 substitute--
"14. Form and content of consent
5 A consent granted under section 11--
(a) must describe the land in respect of
which the consent is granted; and
(b) must specify the stone in respect of
which it is granted; and
10 (c) must be expressed to be subject to any
conditions, limitations and restrictions
that are prescribed and any other
conditions, limitations and restrictions
that the Minister thinks fit to impose;
15 and
(d) remains in force unless sooner
cancelled or suspended for a period of
2 years from the date the consent was
granted.
20 15. Effect of consent
(1) The holder of a consent under section 11 is,
during the currency of the consent, entitled
to carry out any surveys or other operations
that are authorised by the consent for the
25 purpose of searching for the stone specified
in the consent on the land in respect of which
the consent is granted.
(2) In carrying out any of those surveys or
operations the holder of a consent under
30 section 11 must proceed in an expeditious
manner without causing unnecessary damage
and without interfering with the existing use
of the land to a greater extent than is
necessary.
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Extractive Industries Development (Amendment) Act 2003
s. 8
Act No.
16. Power of Minister to cancel or suspend
consent etc.
Victorian Legislation and Parliamentary Documents
(1) The Minister referred to in section 11 may at
any time--
5 (a) cancel or suspend a consent under
section 11 if the person granted the
consent has contravened any provision
of this Act or any condition, limitation
or restriction to which the consent is
10 subject; or
(b) withdraw from search under a consent
granted under section 11 any land
which is required for any public
purpose and cancel the part of the
15 consent that relates to the land
withdrawn; or
(c) at the request of the person granted the
consent, cancel the consent either
wholly or in part.
20 (2) A person who has been granted consent may
apply to the Tribunal for review of a decision
of the Minister to cancel or suspend the
consent under sub-section (1)(a) or cancel
part of the consent under sub-section
25 (1)(b).".
8. Conditions on variation of work plan
For section 18(2) of the Extractive Industries
Development Act 1995 substitute--
"(2) The Department Head may direct the holder
30 of a work authority to submit an application
for approval of--
(a) a variation of a work plan;
8
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Extractive Industries Development (Amendment) Act 2003
s. 9
Act No.
(b) a variation or revocation of any
condition imposed on the approval of a
work plan;
Victorian Legislation and Parliamentary Documents
(c) the imposition of new conditions on the
5 approval of a work plan.".
9. Work authorities over land in more than one
ownership
(1) After section 19(3) of the Extractive Industries
Development Act 1995 insert--
10 "(4) The Minister may grant a work authority in
respect of land owned by more than one
person if each owner of the land has
consented to the carrying out of an extractive
industry on the land owned by that person.".
15 (2) After section 21(2) of the Extractive Industries
Development Act 1995 insert--
"(3) Despite sub-section (2)(b), if a work
authority has been granted in respect of land
owned by more than one person and the
20 consent of one of those persons is revoked,
lapses or otherwise ceases to have effect, the
work authority continues to remain in force
in accordance with sub-section (2) in respect
of the land owned by the other persons.".
25 10. Variation of a work authority
In section 22(2) of the Extractive Industries
Development Act 1995--
(a) in paragraph (b) for "applies." substitute
"applies; or";
30 (b) after paragraph (b) insert--
"(c) if the Minister decides it is necessary
for ensuring the safety of workers and
the public.".
9
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Extractive Industries Development (Amendment) Act 2003
s. 11
Act No.
11. Conditions on transfer of a work authority
After section 23(2) of the Extractive Industries
Victorian Legislation and Parliamentary Documents
Development Act 1995 insert--
"(3) If the Minister is not satisfied that the work
5 plan relating to the work authority is
adequate, the Minister may consent to the
transfer of the work authority subject to the
person to whom the work authority is to be
transferred being required to submit a new
10 work plan for approval by the Department
Head within the time specified by the
Minister.".
12. Consequential amendment
Section 24(2) of the Extractive Industries
15 Development Act 1995 is repealed.
13. New section 24A inserted
After section 24 of the Extractive Industries
Development Act 1995 insert--
"24A. Review of certain decisions about work
20 plans and authorities
(1) The holder of a work authority may apply to
the Tribunal for review of--
(a) a decision of the Department Head
under section 17(6)(a) to approve a
25 work plan relating to that authority with
conditions; or
(b) a decision of the Department Head
under section 18(5) to approve the
variation of a work plan relating to that
30 authority with conditions; or
(c) a decision of the Minister to impose a
condition on the work authority under
section 20; or
10
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s. 14
Act No.
(d) a decision of the Minister to vary a
condition of the work authority under
section 22 or impose a new condition
Victorian Legislation and Parliamentary Documents
under that section; or
5 (e) a decision of the Minister under
section 23 to impose a new condition
on the work authority that the Minister
has consented to be transferred to
another person under that section.
10 (2) The former holder of a work authority may
apply to the Tribunal for review of a decision
of the Minister to cancel the work authority
under section 24.
(3) Sub-section (1) does not apply to a condition
15 that has been imposed on an approval of a
work plan or of a variation to a work plan
if--
(a) the condition is substantially the same
as a condition of the relevant planning
20 scheme or the issue of a planning
permit for the carrying out of the
extractive industry; or
(b) a decision to impose the condition has
already been the subject of review by
25 the Tribunal.".
14. New section 26 substituted
For section 26 of the Extractive Industries
Development Act 1995 substitute--
"26. Land subject to a mining licence
30 (1) A person who applies to a responsible
authority for a permit under the Planning
and Environment Act 1987 to carry out an
extractive industry must--
(a) lodge a copy of the application with the
35 Department Head; and
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s. 14
Act No.
(b) send a copy of the application to the
holder of any licence under the
Mineral Resources Development Act
Victorian Legislation and Parliamentary Documents
1990 relating to land or any part of the
5 land to which the application applies--
on the same day that the applicant lodges the
application with the responsible authority.
(2) The applicant for a work authority must
forward to the Minister--
10 (a) a copy of any consent to the granting of
a work authority that the licensee has
given to the applicant; and
(b) if the licence is an exploration licence,
and the licensee is withholding consent
15 to the granting of a work authority,
evidence that the applicant has given
the licensee at least 28 days written
notice of the Minister's intention to
grant the work authority.
20 (3) If land is the subject of a licence under the
Mineral Resources Development Act 1990,
the Minister must not grant a work authority
over the land unless the Minister is satisfied
that--
25 (a) the licensee has consented to the
granting of a work authority; or
(b) if the licence is an exploration licence,
the licensee is unreasonably
withholding that consent and the
30 applicant for the work authority has
given the licensee at least 28 days
written notice of the Minister's
intention to grant the work authority.".
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Extractive Industries Development (Amendment) Act 2003
s. 15
Act No.
15. New Part 4 substituted
For Part 4 of the Extractive Industries
Victorian Legislation and Parliamentary Documents
Development Act 1995 substitute--
"PART 4--MANAGERS
5 38. Manager must be appointed
(1) The holder of a work authority must not
carry out any extractive industry unless the
person has appointed a quarry manager or a
person to manage the extractive industry
10 operation who is a competent person.
Penalty: 50 penalty units.
(2) A person must not operate a quarry unless
the person has appointed a quarry manager to
manage the quarry who is a competent
15 person.
Penalty: 50 penalty units.
(3) For the purposes of sub-section (1), a
competent person is a person whom the
holder of a work authority reasonably
20 believes--
(a) has acquired appropriate and adequate
knowledge and skills, through training
or experience or both, to be able to
safely and competently control and
25 manage the extractive industry
operation; and
(b) has an adequate knowledge of this Act
and the regulations and any other
relevant legislation; and
30 (c) is authorised to carry out, or supervise
the carrying out, of any activity on the
land in the work plan that is regulated
by or under any Act.
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s. 16
Act No.
(4) For the purposes of sub-section (2), a
competent person is a person whom the
person who operates a quarry reasonably
Victorian Legislation and Parliamentary Documents
believes--
5 (a) has acquired appropriate and adequate
knowledge and skills, through training
or experience or both, to be able to
safely and competently control and
manage the extractive industry
10 operation; and
(b) has an adequate knowledge of this Act
and the regulations and any other
relevant legislation; and
(c) is authorised to carry out, or supervise
15 the carrying out, of any activity on the
land in the work plan that is regulated
by or under any Act.
(5) If the holder of a work authority or the
operator of the quarry is a competent person,
20 he or she may appoint himself or herself to
be the quarry manager or person to manage
the extractive industry operation.".
16. Consequential amendments
In the Extractive Industries Development Act
25 1995--
(a) in sections 49, 52(2) and (3) and 53(2) and
(3), for "search permit" (wherever occurring)
substitute "consent under section 11";
(b) in section 50A(1), for "12(8), 12(8A), 24(2),
30 39(4), 40(4)" substitute "12(6), 24A(2)";
(c) in section 52(2), for "permit " (where second
occurring) substitute "consent".
14
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Extractive Industries Development (Amendment) Act 2003
s. 17
Act No.
17. New section 60 substituted
For section 60 of the Extractive Industries
Victorian Legislation and Parliamentary Documents
Development Act 1995 substitute--
"60. Further transitionals--search consents
5 (1) An application for a permit under section 11
that was made before the commencement of
section 6 of the Extractive Industries
Development (Amendment) Act 2003 and
for which no permit had been granted before
10 that date is to be treated as if it were an
application for a consent under section 11 as
substituted by that Act.
(2) A permit granted under section 11 that was
in force immediately before the
15 commencement of section 6 of the
Extractive Industries Development
(Amendment) Act 2003 continues under
and subject to this Act as if the permit were a
consent granted under section 11 as
20 substituted by that Act.
(3) A consent granted under section 12(2)(a) that
was in force immediately before the
commencement of section 6 of the
Extractive Industries Development
25 (Amendment) Act 2003 continues under
and subject to this Act as if the consent were
a consent granted under section 12(1)(a) as
substituted by that Act.
(4) Any condition imposed under section 12(7)
30 that was in force immediately before the
commencement of section 6 of the
Extractive Industries Development
(Amendment) Act 2003 continues under
and subject to this Act as if the condition
35 were a condition imposed under section
12(2) as substituted by that Act.".
15
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Extractive Industries Development (Amendment) Act 2003
s. 18
Act No.
18. Consequential amendments
In section 40 of the National Parks Act 1975--
Victorian Legislation and Parliamentary Documents
(a) in sub-section (1) after "permit" insert
"consent";
5 (b) in sub-section (1AA)(a), (c) and (d) after
"permit" insert ", consent";
(c) in sub-section (1A), after "permit" insert
"consent";
(d) in sub-section (5) for "or permit" substitute
10 "permit or consent";
(e) in sub-section (6) for "or permit" (where first
occurring) substitute ", permit or consent";
(f) in sub-section (6) for "or permit or"
substitute "permit or consent to which sub-
15 section (1) applies or".
16
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Extractive Industries Development (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
17
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