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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Mineral Resources Development (Further
Amendment) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Peat to be considered to be stone, not a mineral 2
4. Omission of redundant reference 2
5. Insertion of section 131 2
131. Saving and transitional provisions--2001 amendments 2
6. Insertion of Schedule 6 3
ENDNOTES 5
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541227B.I1-28/9/2001 BILL LA CIRCULATION 28/9/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 26 September 2001
A BILL
to amend the Mineral Resources Development Act 1990 and the
Extractive Industries Development Act 1995 and for other
purposes.
Mineral Resources Development
(Further Amendment) Act 2001
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to transfer peat
from the ambit of the Mineral Resources
Development Act 1990 to the ambit of the
5 Extractive Industries Development Act 1995.
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Mineral Resources Development (Further Amendment) Act 2001
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Peat to be considered to be stone, not a mineral
See:
5 (1) In the Mineral Resources Development Act Act No.
1990-- 92/1990
Reprint No. 5
(a) in section 4(1), in the definition of "mineral", as at
23/8/2001
in paragraph (b), after "stone" insert ", LawToday:
peat"; www.dms.
dpc.vic.
10 (b) in section 4(1), in the definition of "stone", gov.au
after paragraph (e) insert--
"(ea) peat; or";
(c) in Schedule 4, omit item 6.
(2) In section 3(1) of the Extractive Industries
15 Development Act 1995, in the definition of
"stone", after paragraph (e) insert--
"(ea) peat; or".
4. Omission of redundant reference
In section 38AA(3)(a)(i) of the Mineral
20 Resources Development Act 1990, omit "or
native title".
5. Insertion of section 131
After section 130 of the Mineral Resources
Development Act 1990 insert--
25 "131. Saving and transitional provisions--
2001 amendments
Schedule 6 contains saving and transitional
provisions arising from the amendments
made to this Act by the Mineral Resources
30 Development (Further Amendment) Act
2001.".
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Mineral Resources Development (Further Amendment) Act 2001
s. 6
Act No.
6. Insertion of Schedule 6
After Schedule 5 of the Mineral Resources
Development Act 1990 insert--
'SCHEDULE 6
5 SAVING AND TRANSITIONAL PROVISIONS
ARISING FROM THE MINERAL RESOURCES
DEVELOPMENT (FURTHER AMENDMENT)
ACT 2001
1. Definition
10 In this Schedule "amending Act" means the
Mineral Resources Development (Further
Amendment) Act 2001.
2. Peat mining licences to continue
(1) In this clause "licence" means Mining Licence
15 No. 4667 granted on 27 May 1993.
(2) The licence continues, until the expiry of the
licence, to remain in force after the
commencement of the amending Act, subject to
this Act, as if peat was still a mineral.
20 (3) The licence may be renewed after the
commencement of the amending Act in
accordance with this Act as if peat was still a
mineral.
3. Peat exploration licences to continue
25 (1) In this clause "licence" means--
(a) Exploration Licence No. 4115 granted on
22 July 1997;
(b) Exploration Licence No. 4387 granted on
12 May 2000;
30 (c) Exploration Licence No. 4451 granted on
12 May 2000.
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Mineral Resources Development (Further Amendment) Act 2001
s. 6
Act No.
(2) A licence continues, until the expiry of the
licence, to remain in force after the
commencement of the amending Act, subject to
this Act, as if peat was still a mineral subject to
5 the following exceptions--
(a) the holder of the licence is not entitled to
apply for a mining licence in respect of
peat; and
(b) the Minister must not renew the licence
10 for a period that allows the licence to
remain in force on or after 12 May 2012.
4. Inconsistent permits and authorities not to be granted
The Minister administering the Extractive
Industries Development Act 1995 must not
15 grant under that Act--
(a) a permit that allows any searching for, or
the carrying out of any survey or other
operation for the purpose of searching
for, peat; or
20 (b) a work authority that allows the carrying
out of any extractive industry involving
peat--
over, in or from any area of land covered by a
licence to which clause 2 or 3 applies while that
25 licence remains in force.'.
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Mineral Resources Development (Further Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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