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PARLIAMENT OF VICTORIA
Mineral Resources Development (Amendment) Act
2000
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Additional objective 2
4. Changes to definitions 3
5. Insertion of section 5A 6
5A. Interaction of this Act with native title legislation 6
6. Land not available for exploration, mining and searching 6
7. Minister's power to exempt land from exploration etc. 7
8. Insertion of sections 7A and 7B 8
7A. Minister may declare meaning of graticular section 8
7B. Ministers may declare low impact exploration activity 8
9. Licence etc. needed to search, explore or mine 8
10. Insertion of section 8A 9
8A. Aerial surveys permitted without licence 9
11. Change concerning royalties 9
12. Exploration licences 10
13. Mining licences 10
14. Changes concerning licence applications 11
15. Minor amendment 14
16. Insertion of new section 19 14
19. Withdrawal of application 15
17. Repeal of relocated provisions 15
18. Substitution of section 23 15
23. Priority of applications 15
19. Grant or refusal of licence 16
20. Insertion of section 25A 16
25A. Waiver of exploration licence holder's consent 16
21. Grant of licence 18
22. Insertion of sections 26A26E 19
26A. Statement of economic significance if agricultural land
covered by licence 19
26B. Excision of agricultural land from a licence 20
26C. Notice of excision dispute 21
26D. Resolution of excision disputes 22
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Clause Page
26E. Offence to divulge details of a statement of economic
significance 23
23. Substitution of section 27 23
27. Tenders 23
24. Substitution of section 28 24
28. Mining licence grant excises exploration licence land 24
25. Time within which licence renewals to be sought 25
26. Relocation of exploration licence reduction provision 25
27. Change to exploration licence renewal period 25
28. Insertion of sections 33A and 33B 25
33A. Transfer of land from one mining licence to another 25
33B. Mining licence may be split and transferred 27
29. Variation of exploration licence period 28
30. Substitution of section 35 28
35. Combined conditions 29
31. Changes concerning amalgamation of licences 29
32. Insertion of section 36A 30
36A. Expedited procedure for replacement of invalidated title 30
33. Additional licence cancellation grounds 30
34. Insertion of section 38A 32
38A. Decrease in area under exploration licence 32
35. Insertion of sections 38AA38AD 33
38AA. Boundaries of licence area must be surveyed and marked
out 33
38AB. Authority to enter land 34
38AC. Offence not to show authority 35
38AD. Security 35
38AE. Insurance 36
36. Substitution of section 39 37
39. Work must be approved 37
37. Change concerning work plans 38
38. Substitution of section 41 40
41. Variation of work plan on application of a licensee 40
41AA. Department Head may direct variation of work plan 42
39. Minor consequential amendments 43
40. Changes concerning work authorities 43
41. Insertion of section 42A 45
42A. Planning permits not required for some work variations 45
42. Changes concerning the start of exploration work 46
43. Clarification that planning requirements still apply to unrestricted
Crown land 48
44. Restriction concerning deemed consents 48
45. Protection of buildings and sites 49
46. Consultation in relation to authorisations to mine near protected
areas 51
47. Plan of mine 52
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Clause Page
48. Substitution of section 47A 52
47A. Management of worksites 52
49. Entitlements under a miner's right 53
50. Obligations of miner's right holders 54
51. Entitlements under a tourist fossicking authority 54
52. Changes concerning the register 55
53. Additional requirement for rehabilitation plan 56
54. Rehabilitation bonds 57
55. Conditions on return of rehabilitation bonds 57
56. Change to bond return period 57
57. Changes concerning compensation 58
58. Insertion of section 85A 58
85A. What compensation is payable for--Crown land 58
59. Insertion of section 88A 60
88A. Determination of disputes--Crown land 60
60. Limit on amount of compensation for loss of amenity 61
61. Change of title 61
62. Substitution of section 93 61
93. Offence to obstruct inspector etc. 61
63. Repeal of Part 10--Mine Managers' Certificates 62
64. Additional powers of the Minister in contravention cases 62
65. Insertion of section 111A 65
111A. Default penalties 65
66. Surveys and drilling operations 65
67. Abandoned plant 66
68. Information supplied by licensees 67
69. Supreme Court--limitation of jurisdiction 67
123. Supreme Court--limitation of jurisdiction 67
70. Regulations 68
71. Insertion of section 130 68
130. Saving and transitional provisions--2000 amendments 68
72. Increase in miscellaneous penalties 68
73. Insertion of Schedule 5 68
74. Repeal of spent Act 71
75. Amendment to the National Parks Act 1975 71
ENDNOTES 72
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PARLIAMENT OF VICTORIA
Initiated in Assembly 4 October 2000
As amended in Assembly 1 November 2000
A BILL
to amend the Mineral Resources Development Act 1990 and the
National Parks Act 1975 and for other purposes.
Mineral Resources Development
(Amendment) Act 2000
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is--
(a) to amend the Mineral Resources
Development Act 1990--
5 (i) to impose a cap on loss of amenity
claims arising from mining operations;
and
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(ii) to enable the recovery of compensation
for the use of Crown land in mining
operations; and
(iii) to modify the operation of the "100
5 metre rule" in relation to the protection
of significant buildings and sites; and
(iv) to modify the licence application
process and the process for obtaining
approval to start mining operations; and
10 (v) to give recognition to the Native Title
Act 1993 of the Commonwealth and the
Land Titles Validation Act 1994; and
(vi) to generally improve the operation of
that Act; and
15 (b) to make a consequential amendment to the
National Parks Act 1975.
2. Commencement
(1) This section and sections 1, 60 and 69 come into
operation on the day after the day on which this
20 Act receives the Royal Assent.
(2) Subject to sub-section (3), the remainder of this
Act comes into operation on a day to be
proclaimed.
(3) If the remainder of this Act does not come into
25 operation before 1 January 2002, it comes into
operation on that day.
3. Additional objective
After section 2(1)(b) of the Mineral Resources
Development Act 1990 insert--
30 "; and
(c) to recognise that the exploration for, and
mining of, mineral resources must be carried
out in a way that is not inconsistent with the
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Native Title Act 1993 of the Commonwealth
and the Land Titles Validation Act 1994.".
4. Changes to definitions
In section 4(1) of the Mineral Resources
5 Development Act 1990--
(a) insert the following definitions--
' "Director of Mines" means the Director of
Mines employed under section
90(1)(a);
10 "low impact exploration" means--
(a) exploring for minerals on land--
(i) without using equipment
(other than non-mechanical
hand tools) to excavate on
15 the land; and
(ii) without using explosives on
the land; and
(iii) without removing or
damaging any tree or shrub
20 on the land; and
(iv) without disturbing any
Aboriginal place or
Aboriginal object on the
land; and
25 (v) without disturbing any place
or object on the Victorian
Heritage Register, or any
archaeological site or relic
included on the Heritage
30 Inventory, under the
Heritage Act 1995; or
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(b) undertaking any other exploration
activity that is declared to be low
impact exploration under
section 7B;
5 "work authority" means an authority
granted under section 42 to the holder
of a mining licence;';
(b) in the definition of "Aboriginal place", omit
"(as amended and in force from time to
10 time)";
(c) in the definition of "accident"--
(i) after "work" insert "under a licence";
(ii) for paragraph (a) substitute--
"(a) resulting in serious injury or loss
15 of life, or having the potential to
result in serious injury or loss of
life; or";
(iii) after paragraph (f) insert--
"; or
20 (g) resulting in detrimental effects to
the environment, or having the
potential to cause detrimental
effects to the environment;";
(d) the definitions of "authority to commence
25 work" and "chief mining inspector" are
repealed;
(e) in the definition of "dispute"--
(i) in paragraph (a), omit "a member of the
public,";
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(ii) after paragraph (e) insert--
"; or
(ea) a member of the public and the
Department Head (or an employee
5 of the Department) in relation to
work under a licence that directly
and substantially affects, or is
likely to affect, the member of the
public--";
10 (f) for the definition of "graticular section"
substitute--
' "graticular section"--
(a) means the 1000 metre interval
block based on the Australian
15 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
20 applies, has the meaning it has as
specified by, or under, that
notice;';
(g) in the definition of "land affected", after "to
work" insert "under a licence";
25 (h) the definition of "registrar" is repealed;
(i) for the definition of "tailings" substitute--
' "tailings" means any waste mineral, stone
or other material that was produced
during the course of mining (whether
30 before or after 6 November 1991), and
includes any mineral, stone or material
that is or was discarded from plant or
machinery used for extracting
minerals;';
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(j) the definition of "work" is repealed;
(k) for the definition of "worksite" substitute--
' ''worksite" means any place where work is
being done under a licence, a miner's
5 right, a tourist fossicking authority or a
tourist mine authority.'.
5. Insertion of section 5A
After section 5 of the Mineral Resources
Development Act 1990 insert--
10 '5A. Interaction of this Act with native title
legislation
(1) Any action taken under this Act must be
taken in a way that is not inconsistent with
the Native Title Act 1993 of the
15 Commonwealth and the Land Titles
Validation Act 1994.
(2) Subject to sub-section (1), it is declared that
if native title exists over land, the land may
still be dealt with under this Act.
20 (3) In this section, "action" includes--
(a) the granting of a licence, permit, right
or authority;
(b) undertaking any exploration, searching
or mining.'.
25 6. Land not available for exploration, mining and
searching
(1) For sections 6(c) and (d) of the Mineral
Resources Development Act 1990 substitute--
"(c) land that is an Aboriginal area or place to the
30 extent of the terms of a permanent
declaration under section 10 or 21E of the
Aboriginal and Torres Strait Islander
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Heritage Protection Act 1984 of the
Commonwealth;
(d) land that is a permanent archaeological area
under section 15 of the Archaeological and
5 Aboriginal Relics Preservation Act 1972;".
(2) At the end of section 6 of the Mineral Resources
Development Act 1990 insert--
"(2) Despite sub-section (1)(b), any area of a park
that is the subject of a notice under section
10 32D(1) of the National Parks Act 1975 is
not exempted from being subject to a miner's
right or a tourist fossicking authority to the
extent that any activity permitted under such
a right or authority is consistent with an
15 authorisation under section 32D(2)(b) of that
Act in the area designated by the notice.".
7. Minister's power to exempt land from exploration etc.
(1) In section 7 of the Mineral Resources
Development Act 1990--
20 (a) in sub-section (1), after "Minister may"
insert ", by writing signed by him or her,";
(b) after sub-section (2)(b) insert--
"(c) if, in the Minister's opinion, the
exemption is necessary to enable the
25 orderly and optimal development of
mineral resources in Victoria.".
(2) After section 7(5) of the Mineral Resources
Development Act 1990 insert--
"(6) The Minister may state in a notice revoking
30 an exemption that the land that was the
subject of the exemption is to become
available for one or more licences on or after
the date specified in the notice by the
Minister.
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(7) The Minister must ensure that a copy of the
revocation of an exemption is lodged in the
mining register.".
8. Insertion of sections 7A and 7B
5 After section 7 of the Mineral Resources
Development Act 1990 insert--
"7A. Minister may declare meaning of graticular
section
(1) The Minister may from time to time, by
10 notice published in the Government Gazette,
declare the meaning of a graticular section
for the purposes of this Act.
(2) In making a declaration, the Minister may
apply, adopt or incorporate (with or without
15 modification) any matter contained in any
document as at the time the declaration is
made or at any time before then.
7B. Ministers may declare low impact
exploration activity
20 The Minister and the Minister administering
the Conservation, Forests and Lands Act
1987 may from time to time, by notice
published in the Government Gazette, jointly
declare an exploration activity to be low
25 impact exploration for the purposes of this
Act.".
9. Licence etc. needed to search, explore or mine
For section 8(1) of the Mineral Resources
Development Act 1990 substitute--
30 "(1) A person, other than the Crown, must not
prospect, fossick or otherwise search for
minerals, or carry out any exploration or
mining, on any land unless--
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(a) the person does so in accordance with a
licence, a miner's right, a tourist
fossicking authority or a tourist mine
authority; or
5 (b) the person benefits from a relevant
minerals exemption.
Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
10 units.
Default penalty:
In the case of a corporation,
20 penalty units.
In any other case, 10 penalty
15 units.".
10. Insertion of section 8A
After section 8 of the Mineral Resources
Development Act 1990 insert--
"8A. Aerial surveys permitted without licence
20 (1) A person may undertake an aerial survey for
the purpose of searching for minerals, or
doing work preparatory to the search for
minerals, without holding the authorisation
required by section 8 if the person complies
25 with sub-section (2).
(2) The person must supply any information
acquired during the course of the survey as if
section 116 applied to the person and as if
the survey was work done under a licence.
30 (3) A person conducting an aerial survey in
accordance with this section may survey land
covered by licences held by other people.".
11. Change concerning royalties
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In section 12(2) of the Mineral Resources
Development Act 1990--
(a) omit "of tailings"; and
(b) after "under section 14(2)(b)" insert "of
5 tailings resulting from work under a licence
over Crown land".
12. Exploration licences
(1) For section 13(3)(a) of the Mineral Resources
Development Act 1990 substitute--
10 "(a) is current for the time specified in the licence
(unless it is surrendered or cancelled earlier
or unless this Act otherwise provides); and".
(2) After section 13(3) of the Mineral Resources
Development Act 1990 insert--
15 "(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.".
20 13. Mining licences
(1) In section 14(1) of the Mineral Resources
Development Act 1990, for "an authority to
commence work" substitute "a work authority".
(2) After section 14(4) of the Mineral Resources
25 Development Act 1990 insert--
"(5) A mining licence that covers an area of more
than 5 hectares does not entitle the holder of
the licence to only explore for minerals
during the currency of the licence.
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(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.".
5 14. Changes concerning licence applications
(1) In section 15(1A) of the Mineral Resources
Development Act 1990--
(a) for paragraph (c)(ii) substitute--
"(ii) the application is accompanied by the
10 written consent of the holder of the
exploration licence to the granting of
the licence; or
(iii) both of the following apply--
(A) the area of the land for which the
15 mining licence is to be sought is
5 hectares or less; and
(B) the exploration licence was first
registered more than 2 years
before the application was lodged;
20 or";
(b) for paragraph (d) substitute--
"(d) a licence over land in respect of which
an application for a licence has already
been made (unless the application is
25 made on the same day as the other
application); or";
(c) after paragraph (e) insert--
"; or
(f) a licence over land that is the subject of
30 an exemption under section 6 or 7; or
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(g) a mining licence over land that is more
than 260 hectares in area unless the
land is covered by an exploration
licence and either--
5 (i) the applicant is the holder of the
exploration licence; or
(ii) the application is accompanied by
the written consent of the holder
of the exploration licence to the
10 granting of the licence; or
(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
15 land; or
(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
20 was withdrawn, rejected or not
accepted.".
(2) After section 15(1B) of the Mineral Resources
Development Act 1990 insert--
"(1C) An application for a licence is ineffective,
25 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.
(1D) For the purpose of determining whether an
30 application falls within a category listed in
sub-section (1A), the Minister may ask the
applicant to provide additional information
about the application (but only if that
information is not information that was
35 required by the regulations).
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(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.
5 (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
10 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
15 request for the information within the
times referred to in paragraph (a).
(1G) If, in asking for additional information, the
Minister did not specify a period within
which the information was to be given, the
20 application lapses if the information is not
given to the Minister within 6 months after
the request was made (unless the Minister
withdraws the request within that time).".
(3) For sections 15(2) and (3) of the Mineral
25 Resources Development Act 1990 substitute--
"(2) If the Minister does not accept an
application, he or she must notify the
applicant in writing that the application has
not been accepted and must include in the
30 notification details of the reasons why it was
not accepted.
(3) If the Minister accepts an application, he or
she must notify the applicant in writing that
the application has been accepted, and must
35 include in the notification--
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(a) if, because of section 23, the
application has a lower priority than
another application, a statement that
another application has priority; or
5 (b) in any other case, a statement that the
application has priority.".
(4) For sections 15(8) and (9) of the Mineral
Resources Development Act 1990 substitute--
"(8) If the Minister asks for additional
10 information about an application, the
application lapses if--
(a) the information is not given to the
Minister within the time required by
sub-section (7); and
15 (b) the Minister has not withdrawn the
request for the information within that
time.
(9) In consenting to the granting of a mining
licence over land that is covered by an
20 exploration licence, the holder of the
exploration licence may make the consent
conditional on specified depth restrictions.".
(5) Sections 15(10) to (19) of the Mineral Resources
Development Act 1990 are repealed.
25 (6) Section 16 of the Mineral Resources
Development Act 1990 is repealed.
15. Minor amendment
In section 18(b) of the Mineral Resources
Development Act 1990, omit "(as amended and
30 in force from time to time)".
16. Insertion of new section 19
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After section 18 of the Mineral Resources
Development Act 1990 insert--
"19. Withdrawal of application
(1) An applicant for a licence may withdraw the
5 application, either in whole or in part, by
delivering a signed notice of withdrawal to
the Minister.
(2) A withdrawal takes effect on the delivery of
the notice to the principal office of the
10 Department Head.".
17. Repeal of relocated provisions
Sections 19 to 22 of the Mineral Resources
Development Act 1990 are repealed.
18. Substitution of section 23
15 For section 23 of the Mineral Resources
Development Act 1990 substitute--
"23. Priority of applications
(1) If more than one application for a licence in
respect of the same land is received on the
20 same day, the Minister must assign an order
of priority to those applications.
(2) The Minister must assign the highest priority
to the application that he or she believes will
best further the objectives of this Act after
25 considering--
(a) the relative merits of the applications;
and
(b) the likely ability of each applicant to
meet the requirements specified in
30 section 15(6).
(3) Once an application has been assigned the
highest priority, any further assessment of
the application must be made without regard
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to anything contained in applications having
a lower priority.".
19. Grant or refusal of licence
In section 25 of the Mineral Resources
5 Development Act 1990--
(a) for sub-section (1)(b)(ii) substitute--
"(ii) all of the following conditions apply--
(A) the area of the land for which the
mining licence is to be sought is
10 5 hectares or less; and
(B) the exploration licence was first
registered more than 2 years
before the application was lodged;
and
15 (C) the Minister has waived the need
for the exploration licence holder's
consent under section 25A; or";
(b) sub-sections (1)(h) and (3A) are repealed;
(c) in sub-section (1)(c), for "section 16"
20 (wherever occurring) substitute "section
25A".
20. Insertion of section 25A
After section 25 of the Mineral Resources
Development Act 1990 insert--
25 "25A. Waiver of exploration licence holder's
consent
(1) This section applies if--
(a) a person applies for a mining licence
over land that is covered by an
30 exploration licence; and
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(b) the area of the land for which the
mining licence is to be sought is
5 hectares or less; and
(c) the exploration licence was first
5 registered more than 2 years before the
application was lodged; and
(d) the person is unable or unwilling to
obtain the written consent of the holder
of the exploration licence to the
10 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.
15 (3) An application must be made in the form and
manner required by the Minister.
(4) On the receipt of an application for waiver,
the Minister must assess whether the
granting of the mining licence would mean
20 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
25 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
30 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 is satisfied that the granting
35 of the application for the licence--
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(a) would not be likely to significantly
interfere with any work being, or
proposed to be, carried out by the
exploration licence holder; and
5 (b) would not be unfair to the exploration
licence holder; and
(c) would not otherwise be inappropriate.
(8) In making a recommendation, the mining
warden may propose specified depth
10 restrictions that should be applied if the
licence is granted.
(9) Before granting a waiver, the Minister must
consider the recommendation made by the
mining warden.".
15 21. Grant of licence
(1) Sections 26(2)(d), (5), (6) and (7) of the Mineral
Resources Development Act 1990 are repealed.
(2) After section 26(2)(h) of the Mineral Resources
Development Act 1990 insert--
20 "(ha) payment of an environmental levy;".
(3) For section 26(3) of the Mineral Resources
Development Act 1990 substitute--
"(3) The Minister must impose, as conditions to
which a licence is subject, any conditions
25 subject to which consent to the application
for the licence was obtained under section
15(9).
(3A) If the Minister has granted a waiver under
section 25A, the Minister may impose, as
30 conditions to which the licence is subject,
any conditions relating to specified depth
restrictions that were recommended under
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section 25A(8) with respect to the granting
of the licence.".
(4) In section 26(4) of the Mineral Resources
Development Act 1990, for "authority to
5 commence work" substitute "work authority".
(5) After section 26(4) of the Mineral Resources
Development Act 1990 insert--
"(4A) It is a condition of a mining licence that, in
providing a document to the Minister under
10 section 116, the licensee must give the
Crown a licence to reproduce the document
and any information in the document.".
22. Insertion of sections 26A26E
After section 26 of the Mineral Resources
15 Development Act 1990 insert--
"26A. Statement of economic significance if
agricultural land covered by licence
(1) This section applies if a licensee holding a
mining licence that covers agricultural land
20 that is not owned by the licensee proposes to
carry out work on that land.
(2) The licensee must prepare a statement of the
economic significance of the work--
(a) that contains an assessment of the
25 benefits to Victoria of the proposed
work, including employment and
revenue considerations; and
(b) that contains an assessment of those
benefits if it was not possible to do the
30 work on the agricultural land.
(3) The assessment required by sub-section
(2)(b) must be made with respect to each
separately owned or occupied property that
comprises the agricultural land.
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(4) The licensee must give the statement of
economic significance to the owners and
occupiers of the agricultural land--
(a) if the proposed work forms part of the
5 work proposed to be carried out under
the licensee's initial work plan, no later
than--
(i) 6 months after the date the
licensee was notified that the
10 licence had been granted; or
(ii) the date the licensee lodges the
work plan under section 40(1)--
whichever is the earlier;
(b) in any other case, no later than the date
15 the licensee lodges the relevant
variation of the work plan under section
41.
26B. Excision of agricultural land from a licence
(1) On the application of an owner or occupier
20 of agricultural land, the Minister must excise
the land from the area covered by a mining
licence if--
(a) the licensee consents to the excision; or
(b) the Minister decides, in accordance
25 with section 26D, that there would be
greater economic benefit to Victoria in
continuing the use of the land as
agricultural land than in carrying out
the work proposed to be carried out on
30 that land under the licence.
(2) An application for excision must be made to
the Minister in writing within 30 days after
the owner or occupier receives a copy of the
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statement of economic significance provided
in relation to the land.
(3) The application must include--
(a) an assessment of the benefits to
5 Victoria in continuing the use of the
land as agricultural land; and
(b) if the owner disputes anything
contained in the statement of economic
significance, details of the matters the
10 owner disputes, including the reasons
why the owner disputes those matters.
(4) The owner must also give a copy of the
application to the licensee within the 30 days
referred to in sub-section (2).
15 26C. Notice of excision dispute
(1) If the licensee wishes to dispute an
application for excision, the licensee must
give a notice of dispute to--
(a) the Minister; and
20 (b) the person applying for the excision;
and
(c) the President of the Australian Institute
of Valuers and Land Economists--
within 30 days after receiving the copy of the
25 application.
(2) The notice of dispute must include details of
the matters in the application that the
licensee disputes, including the reasons why
the licensee disputes those matters.
30 (3) The licensee is deemed to consent to the
excision of the land that is the subject of the
application if the licensee does not give a
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notice of dispute to the people specified in
sub-section (1) within the time required by
that sub-section.
26D. Resolution of excision disputes
5 (1) As soon as possible after receiving notice of
a dispute under section 26C, the President of
the Australian Institute of Valuers and Land
Economists must appoint a person who is
appropriately qualified, in the President's
10 opinion, to act as an independent expert to
consider the application.
(2) The independent expert must consider the
application, the statement of economic
significance, the notice of dispute and any
15 other material submitted to the expert within
any time specified by the expert.
(3) Within 60 days after her or his appointment,
the independent expert must make a
recommendation to the Minister, supported
20 by reasons, in relation to the dispute.
(4) The Minister must consider the
recommendation and decide whether there
would be greater economic benefit to
Victoria in continuing the use of the land as
25 agricultural land than in carrying out the
work proposed to be carried out on that land
under the licence.
(5) The President of the Australian Institute of
Valuers and Land Economists, after
30 considering the advice of the independent
expert, may direct the licensee or the person
who applied for the excision to pay the
whole or any part of the reasonable fees and
expenses of the independent expert.
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(6) A direction under sub-section (5) creates a
debt due to the independent expert.
26E. Offence to divulge details of a statement of
economic significance
5 (1) A person who is given a copy of--
(a) a statement of economic significance
prepared under section 26A; or
(b) an assessment prepared under section
26B--
10 must not divulge or communicate to any
person (other than a professional advisor
retained by the person) or publish any
information contained in the statement or
assessment unless the divulgence,
15 communication or publication is made with
the written consent of the person on whose
behalf the statement or assessment was
prepared.
Penalty: 100 penalty units.
20 (2) A professional advisor to whom any
information is divulged or communicated
under sub-section (1) must not divulge or
communicate that information to any other
person, or publish it.
25 Penalty: 100 penalty units.".
23. Substitution of section 27
For section 27 of the Mineral Resources
Development Act 1990 substitute--
"27. Tenders
30 (1) The Minister may invite tenders for a licence
over land that is not the subject of a licence
or an application for a licence.
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(2) A tender for a licence is ineffective if it does
not contain the information required by the
regulations for the purposes of this section.
(3) The Minister must not grant a licence to a
5 person who has submitted a tender unless the
Minister is satisfied that the person meets the
requirements listed in section 15(6).
(4) The Minister may decide not to accept any
tenders that are submitted in response to an
10 invitation under this section.
(5) 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.
15 (6) 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
20 (b) declare by notice published in the
Government Gazette that the land is
available for applications for licences.".
24. Substitution of section 28
For section 28 of the Mineral Resources
25 Development Act 1990 substitute--
"28. Mining licence grant excises exploration
licence land
On the registration of the grant of a mining
licence, any land covered by that licence that
30 was, immediately before the registration,
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covered by an exploration licence ceases to
be covered by that exploration licence.".
25. Time within which licence renewals to be sought
In section 29(1) of the Mineral Resources
5 Development Act 1990, for "3 months"
substitute "1 month".
26. Relocation of exploration licence reduction provision
Section 30 of the Mineral Resources
Development Act 1990 is repealed.
10 27. Change to exploration licence renewal period
For section 32(2) of the Mineral Resources
Development Act 1990 substitute--
"(2) The Minister may renew an exploration
licence for a period of up to 5 years--
15 (a) if he or she is satisfied that the licensee
has identified minerals in the land
covered by the licence and that--
(i) additional time is necessary to
assess the economic viability of
20 mining those minerals; or
(ii) it is not at present economically
viable to mine those minerals but
it may become so in the future; or
(b) for any other reason.".
25 28. Insertion of sections 33A and 33B
After section 33 of the Mineral Resources
Development Act 1990 insert--
'33A. Transfer of land from one mining licence to
another
30 (1) The holder of a mining licence may transfer
an area of land covered by the holder's
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licence to the holder of another mining
licence.
(2) Such a transfer may only be made--
(a) with the approval of the Minister; and
5 (b) in the manner and form specified by the
Minister; and
(c) if the land to be transferred adjoins the
land covered by the licence to which
the land is to be transferred; and
10 (d) if the conditions applying to, and the
remaining currency of, the 2 licences
are substantially the same; and
(e) if the Minister is satisfied that adequate
arrangements have been made to
15 continue or replace any rehabilitation
bond that applies to the land.
(3) The Minister must not approve a transfer
under this section unless the Minister is
satisfied that the transfer is necessary to
20 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.
25 (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
30 the transferred land cease to apply; and
(b) the transferred land is subject to the
licence conditions that apply to the
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licence to which the land has been
transferred; and
(c) the transferred land becomes part of the
land covered by that licence.
5 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
10 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
15 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.
(4) The Minister must not approve an
20 application under this section unless the
Minister is satisfied--
(a) that the severance is necessary to
ensure that work can be undertaken on
the land; and
25 (b) that the transferee satisfies the
requirements listed in section 15(6);
and
(c) that adequate arrangements have been
made to continue or replace any
30 rehabilitation bond that applies to the
land.
(5) In approving an application, the Minister is
to be taken as granting the licence in relation
to the severed land to the transferee.
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(6) On registration of the licence in relation to
the severed land--
(a) the transferee becomes the holder of the
licence; and
5 (b) the licence is subject to the same
conditions, and has the same currency,
as the licence that applied to the land
that was severed before the severance;
and
10 (c) the transferee has all the rights, and is
subject to the same obligations,
applying under the licence.
(7) The transferee must give written notice of
the change of licensee to the owners of the
15 land.'.
29. Variation of exploration licence period
(1) In section 34(1) of the Mineral Resources
Development Act 1990, after "period for which
a" insert "mining".
20 (2) After section 34(1) of the Mineral Resources
Development Act 1990 insert--
"(1A) Despite sub-section (1), the Minister may
only vary the period for which an
exploration licence has effect for the purpose
25 of more readily enabling the amalgamation
of that licence with an adjoining licence.".
(3) After section 34(2) of the Mineral Resources
Development Act 1990 insert--
"(2A) The Minister may act under sub-section (1A)
30 at the request of the licensee or on the
Minister's own initiative.".
30. Substitution of section 35
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For section 35 of the Mineral Resources
Development Act 1990 substitute--
"35. Combined conditions
(1) The Minister may treat 2 or more licences of
5 the same type held by the same person as a
single licence over the combined areas
covered by the licences for the purpose of
determining whether conditions of any of
those licences about expenditure have been
10 complied with.
(2) The Minister may do this--
(a) at the request of the licensee; or
(b) on the Minister's own initiative, after
consultation with the licensee.
15 (3) It is not necessary that areas combined for
the purposes of this section adjoin each
other.".
31. Changes concerning amalgamation of licences
(1) In section 36(1) of the Mineral Resources
20 Development Act 1990, omit "at the request of
the licensee and".
(2) After section 36(2) of the Mineral Resources
Development Act 1990 insert--
"(2A) The Minister may act under this section--
25 (a) at the request of the licensee; or
(b) on the Minister's own initiative, after
consultation with the licensee.".
(3) After section 36(4) of the Mineral Resources
Development Act 1990 insert--
30 "(5) If one of the licences amalgamated under
this section was a mining lease under the
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Mines Act 1958 that became a mining
licence as a result of section 129, for the
remainder of the term for which the licence
remains current the rental payable for the
5 amalgamated licence is the sum of the
amounts that would have been payable for
each of the amalgamated licences had they
not been amalgamated.".
32. Insertion of section 36A
10 After section 36 of the Mineral Resources
Development Act 1990 insert--
"36A. Expedited procedure for replacement of
invalidated title
(1) This section applies if--
15 (a) a court or tribunal finds a licence to be
wholly or partly invalid and the
invalidity stems from circumstances
that were beyond the control of the
holder of the licence; and
20 (b) the person who held the licence applies
within 60 days after the finding to the
Minister for the grant of a licence of the
same type for all or part of the land
covered by the former licence.
25 (2) The Minister may grant the licence to the
person without the need to comply with any
procedural requirement that would usually
apply to the grant of such a licence.
(3) In granting a licence under this section, the
30 Minister may impose any conditions the
Minister considers to be appropriate on the
licence.".
33. Additional licence cancellation grounds
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(1) In section 38(1)(b) of the Mineral Resources
Development Act 1990--
(a) omit "the licensee";
(b) in sub-paragraphs (i) to (v), before "has"
5 insert "the licensee";
(c) in sub-paragraph (vi), before "subject" insert
"the licensee";
(d) after sub-paragraph (vi) insert--
"; or
10 (vii) the area covered by the licence is
depleted of minerals to the extent that it
is no longer feasible to mine that area;
or
(viii) it is not feasible to mine minerals in the
15 area covered by the licence and will not
be feasible to do so in the foreseeable
future.".
(2) In section 38(1A) of the Mineral Resources
Development Act 1990, omit "25(3A),".
20 (3) In section 38(1B)(a) of the Mineral Resources
Development Act 1990, for "an authority to
commence work" (wherever occurring) substitute
"a work authority".
(4) After section 38(2) of the Mineral Resources
25 Development Act 1990 insert--
"(2A) The Minister must, by instrument served on
the licensee, cancel a mining licence if a
work authority is not granted for that licence
within 18 months after the date the grant of
30 the licence is registered, unless the Minister
is satisfied that--
(a) the licensee has been unable to obtain
the consents and authorities needed to
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enable the grant of the work authority,
despite genuine attempts to do so; or
(b) exceptional circumstances exist that
have been instrumental in precluding
5 the grant of the work authority.".
34. Insertion of section 38A
After section 38 of the Mineral Resources
Development Act 1990 insert--
"38A. Decrease in area under exploration licence
10 (1) On the second anniversary of the initial
registration of an exploration licence, the
Minister must, unless he or she decides
otherwise, cancel the licence in relation to at
least 25% of the total number of graticular
15 sections (in one or more areas each
comprising whole graticular sections only)
covered by the licence.
(2) On the fourth anniversary of the initial
registration of an exploration licence, the
20 Minister must, unless he or she decides
otherwise, cancel the licence in relation to at
least a further 35% of the total number of
graticular sections (in one or more areas each
comprising whole graticular sections only)
25 covered by the licence as originally granted.
(3) The areas in relation to which a licence is to
be cancelled under this section--
(a) are to be those identified by the
licensee in a notice given to the
30 Minister at least 30 days before the
relevant anniversary; or
(b) in the absence of such a notice, are to
be chosen by the Minister.
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(4) At least 60 days before the relevant
anniversary, the Minister must give the
licensee a written notice inviting the licensee
to nominate the areas to be cancelled under
5 this section (unless the Minister does not
intend to cancel any area in relation to the
licence).
(5) In calculating the area to be cancelled--
(a) any part of a graticular section covered
10 by the licence, and any fraction of a
graticular section that remains after
calculating the area to be cancelled,
must be treated as a whole graticular
section; and
15 (b) if the licensee holds 2 or more
exploration licences with a common
expiry date over adjoining areas, the
combined areas covered by the licences
may, at the Minister's discretion, be
20 treated as a single area.".
35. Insertion of sections 38AA38AD
After the heading to Part 3 of the Mineral
Resources Development Act 1990 insert--
'38AA. Boundaries of licence area must be
25 surveyed and marked out
(1) The holder of a mining licence must survey
and mark out the boundaries of the land
covered by the licence in the manner, and
within the time, required by the regulations.
30 Penalty: 50 penalty units.
(2) The purpose of the survey and marking out is
to ensure that the boundaries of the area to
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which the licence applies are readily
ascertainable by a person in the area.
(3) A licensee is not entitled to enter land for the
purpose of surveying or marking out
5 boundaries as required by sub-section (1),
unless--
(a) the licensee--
(i) has, in the case of private or
native title land, the written
10 consent of the owner or occupier
of the land to the entry; or
(ii) has, in the case of occupied
Crown land, the written consent of
the occupier of the land to the
15 entry; or
(iii) has, in the case of any other
Crown land, given the person
responsible for the management of
the land written notice of the
20 intended entry; or
(b) the Department Head grants an
authority in writing to the licensee
under section 38AB.
(4) For the purposes of sub-section (3),
25 "occupied Crown land" means any Crown
land on which a person is undertaking an
activity that is authorised by a lease, licence,
permit or other authority granted in respect
of that land by, or under, an Act.
30 38AB. Authority to enter land
(1) The Department Head may grant to a
licensee an authority to enter land for the
purposes of section 38AA if he or she is
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satisfied that the licensee has made
reasonable attempts to obtain the consent of
the owner or occupier and--
(a) the applicant has been unable to contact
5 the owner or occupier; or
(b) the owner or occupier has refused or
failed to consent.
(2) A person does not trespass on land only
because the person exercises reasonable
10 access to the land--
(a) in accordance with an authority to enter
the land; and
(b) for the purpose of surveying or marking
out the boundaries of the land covered
15 by the mining licence.
(3) An authority to enter land expires if either of
the following occurs--
(a) a work authority over the land is
registered; or
20 (b) the licence ceases to have effect.
(4) The Department Head must serve on the
owner and occupier of land a copy of any
authority that is granted to enter the land as
soon as is practicable after the authority is
25 granted.
38AC. Offence not to show authority
A person who enters land under an authority
to enter land must comply with any request
made by the owner or occupier of the land to
30 be shown a copy of the authority.
Penalty: 10 penalty units.
38AD. Security
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(1) The Department Head must, before granting
an authority to enter land, require a licensee
to provide a security, of an amount and kind
specified by the Department Head, against
5 the risk of damage to the property of the
owner or occupier of the land as a result of
the licensee's entry on to, or activities on, the
land.
(2) The Department Head--
10 (a) may use the security, or part of it, to
compensate the owner or occupier for
any damage resulting from that entry or
those activities; and
(b) must return the balance of the security
15 to the licensee no later than 30 days
after the day on which the authority
lapses or is withdrawn.
38AE. Insurance
A licensee must not enter any land, or carry
20 out any surveying or marking out, for the
purposes of section 38AA unless the licensee
is insured for an amount determined by the
Department Head against any risk that might
arise if the owner or occupier of the land
25 were to sustain a personal injury as a result
of the licensee's entry on to, or activities on,
the land.
Penalty: In the case of a corporation,
1000 penalty units.
30 In any other case, 200 penalty
units.
Default penalty:
In the case of a corporation,
20 penalty units.
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In any other case, 10 penalty
units.'.
36. Substitution of section 39
For section 39 of the Mineral Resources
5 Development Act 1990 substitute--
"39. Work must be approved
(1) A person, other than the Crown, must not do
any work under a licence otherwise than--
(a) in accordance with the licence; or
10 (b) as authorised by a minerals exemption.
Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
15 (2) A licensee and the manager of a worksite
must comply with this Act and the
regulations in doing any work under the
licence.
Penalty: In the case of a corporation,
20 1000 penalty units.
In any other case, 200 penalty
units.
(3) The holder of a mining licence must not do
work under a licence unless a work authority
25 applying to that work is in effect.
Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
30 (4) Despite sub-section (3), the holder may do
the following work without a work
authority--
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(a) exploration work, but only if, in
relation to that work, the licensee
complies with the requirements listed in
sections 43(1)(a) to (e);
5 (b) low impact exploration work but only
if, in relation to that work, the licensee
complies with the requirements listed in
sections 43(1)(b) to (e).
(5) A licensee must not do work under the
10 licence unless the licensee is insured under a
policy of public liability insurance in respect
of the doing of that work for an amount
determined by the Department Head.
Penalty: In the case of a corporation,
15 1000 penalty units.
In any other case, 200 penalty
units.
(6) A person who is convicted of an offence
against this section is also liable to the
20 following default penalty--
(a) in the case of a corporation, 20 penalty
units;
(b) in any other case, 10 penalty units.".
37. Change concerning work plans
25 (1) In section 40(1) of the Mineral Resources
Development Act 1990, after "work" insert
"under the licence".
(2) After section 40(1) of the Mineral Resources
Development Act 1990 insert--
30 "(1A) This section does not apply to low impact
exploration work.".
(3) After section 40(2) of the Mineral Resources
Development Act 1990 insert--
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"(2AA) A licensee--
(a) who holds a mining licence that covers
an area of 5 hectares or less; and
(b) who does not propose to do any work
5 on agricultural land--
may, instead of lodging a work plan, lodge a
notice with the Department Head electing to
have the work program that the licensee
submitted as part of the application for the
10 licence to be considered to be the licensee's
work plan.".
(4) For section 40(4) of the Mineral Resources
Development Act 1990 substitute--
"(4) The Department Head must give a licensee a
15 written notice approving, refusing to
approve, or asking for changes to, a work
plan within 30 days after the last of any of
these events that are applicable--
(a) the licensee notifying the Department
20 Head that all required planning
approvals have been granted (other than
any permit that it is not necessary to
obtain as a result of section 42(7));
(b) the Minister administering the
25 Environment Effects Act 1978
submitting an assessment to the
Minister under section 42(7);
(c) the granting or refusal of any
application under section 26B relating
30 to the licence;
(d) the Minister notifying the Department
Head that he or she has considered any
comments received under section
41A(2);
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(e) the Ministers administering the Crown
Land (Reserves) Act 1978 and the
Forests Act 1958 giving the Minister
comments under section 40(3A);
5 (f) the lodging of the work plan.
(5) The Department Head must not approve a
work plan before the events described in
sub-sections (4)(a), (b), (c), (d) and (e) occur
(if applicable).
10 (6) In approving a work plan, the Department
Head may specify that certain conditions
must be observed by the licensee in carrying
out the work plan.
(7) If the Department Head asks for changes to
15 be made to a work plan, sub-section (4)
applies to the revised work plan as if it was
the original work plan.
(8) If the Minister administering the
Environment Effects Act 1978 submits an
20 assessment under section 42(7), the
Department Head must give a copy of the
work plan to that Minister at least 10 days
before approving the plan.".
38. Substitution of section 41
25 For section 41 of the Mineral Resources
Development Act 1990 substitute--
"41. Variation of work plan on application of a
licensee
(1) The Department Head may approve the
30 variation of an approved work plan on the
written application of the licensee.
(2) The application must contain the information
required by the regulations.
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(3) The Department Head must give a licensee a
written notice approving, refusing to
approve, or asking for changes to, the
variation of a work plan within 30 days after
5 the last of any of these events that are
applicable--
(a) the licensee notifying the Department
Head that all required planning
approvals have been granted (other than
10 any permit that it is not necessary to
obtain as a result of section 42A);
(b) the Minister administering the
Environment Effects Act 1978
submitting an assessment to the
15 Minister under section 42(7) or section
42A;
(c) the granting or refusal of any
application under section 26B relating
to the licence;
20 (d) the Minister notifying the Department
Head that he or she has considered any
comments received under section
41A(2);
(e) the Ministers administering the Crown
25 Land (Reserves) Act 1978 and the
Forests Act 1958 giving the Minister
comments under section 40(3A);
(f) the lodging of the application for
approval.
30 (4) The Department Head must not approve the
variation of a work plan before the events
described in sub-sections (3)(a), (b), (c), (d)
and (e) occur (if applicable).
(5) In approving the variation of a work plan,
35 the Department Head may specify that
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certain conditions must be observed by the
licensee in carrying out the work plan.
(6) If the Department Head asks for changes to
be made to an application for the variation of
5 a work plan, sub-section (4) applies to the
revised application as if it was the original
application.
(7) If the Minister administering the
Environment Effects Act 1978 submits an
10 assessment under section 42(7) or 42A, the
Department Head must give a copy of the
proposed variation to that Minister at least
10 days before approving the variation.
(8) Once notice of approval of a variation has
15 been given to the licensee, the approved
work plan for the work authority is the work
plan as amended by the variation.
41AA. Department Head may direct variation of
work plan
20 (1) The Department Head may, on her or his
own initiative, determine that an approved
work plan be varied.
(2) On making a determination, the Department
Head must give the licensee written notice of
25 the proposed variation, and the reasons for it,
and give the licensee an opportunity to
comment on the proposal.
(3) After considering any comments made by
the licensee, the Department Head may
30 direct the licensee to submit an application
for approval of the variation.
(4) The licensee must comply with the direction.
(5) Sections 41(2) to (8) apply to an application
lodged under this section.".
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39. Minor consequential amendments
In section 41A of the Mineral Resources
Development Act 1990--
(a) in sub-section (1), for "notice of a proposed
5 variation to" substitute "an application to
vary";
(b) in sub-section (3), omit all words and
expressions after "specified date".
40. Changes concerning work authorities
10 (1) For section 42(1) of the Mineral Resources
Development Act 1990 substitute--
"(1) The holder of a mining licence may apply to
the Department Head for a work authority in
relation to a specified area.".
15 (2) In section 42(2) of the Mineral Resources
Development Act 1990--
(a) in paragraph (b), for "21 days" substitute
"7 days";
(b) in paragraph (c)(i), before "consent" insert
20 "written";
(c) in paragraph (c)(ii), after "has made" insert
"and registered";
(d) after paragraph (c)(iv) insert--
"; or
25 (v) the licensee has been unable to
determine the name and address of the
owners and occupiers of the land
affected despite making, in the
Department Head's opinion, all
30 reasonable efforts to do so--".
(3) After section 42(2) of the Mineral Resources
Development Act 1990 insert--
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"(2A) If sub-section (2)(c)(v) applies to a licensee,
the Department Head may, before granting
the work authority, require the licensee--
(a) to advertise the licensee's intention to
5 start work on the land affected in a
specified edition of a newspaper
circulating generally in the area in
which the land is situated;
(b) to post a notice on the land affected
10 stating that the licensee intends to start
work on that land.".
(4) For section 42(3) of the Mineral Resources
Development Act 1990 substitute--
"(3) A work authority--
15 (a) has no effect until it is registered;
(b) only has effect with respect to the area
specified in the authority.".
(5) In section 42(4) of the Mineral Resources
Development Act 1990, for "an authority to
20 commence work" substitute "a work authority".
(6) For section 42(5) of the Mineral Resources
Development Act 1990 substitute--
"(5) A work authority lapses if--
(a) the licensee does not start work within
25 6 months after the authority was
registered, or any longer period allowed
by the Minister in writing; or
(b) the licensee undertakes work in the area
to which the authority applies that is
30 not permitted by a permit issued under
the relevant planning scheme; or
(c) an Environment Effects Statement was
prepared and assessed under sub-
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section (7) before the authority was
granted and the licensee undertakes
work in the area to which the authority
applies that was not considered in the
5 Environment Effects Statement (unless
section 42A applies).".
(7) For section 42(7)(c) of the Mineral Resources
Development Act 1990 substitute--
"(c) a work authority has been granted by the
10 Minister following the Minister's
consideration of that assessment.".
41. Insertion of section 42A
After section 42 of the Mineral Resources
Development Act 1990 insert--
15 "42A. Planning permits not required for some
work variations
(1) This section applies if--
(a) a licensee proposes to vary an approved
work plan that was approved in respect
20 of work for which an Environment
Effects Statement was prepared and
assessed under section 42(7); and
(b) a permit is required to be obtained
under a planning scheme for the new
25 work that it is proposed to do.
(2) The licensee is not required to obtain a
permit for that work if--
(a) the Minister, after consultation with the
Minister administering the
30 Environment Effects Act 1978, is
satisfied that the new work will not
cause any significant additional
environmental impacts; and
(b) the Minister approves the variation.
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(3) If the Minister is not so satisfied, the licensee
is still not required to obtain a permit for that
work if--
(a) the Minister administering the
5 Environment Effects Act 1978 directs
that a report be prepared on the
additional environmental impacts that
the new work may have; and
(b) the report is made available for public
10 inspection and comment for at least
28 days; and
(c) after considering any comments made
during that period, that Minister
submits an assessment of the report to
15 the Minister; and
(d) the variation, in the form that it is
approved by the Minister, substantially
complies with any requirements
recommended by that assessment.".
20 42. Changes concerning the start of exploration work
(1) In section 43(1) of the Mineral Resources
Development Act 1990--
(a) for "work" substitute "any work (other than
low impact exploration)";
25 (b) in paragraph (d), for "21 days'" (wherever
occurring) substitute "7 days";
(c) for paragraph (e) substitute--
"(e) if the land affected is private land--
(i) the licensee has obtained the
30 written consent of the owners and
occupiers of the land affected; or
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(ii) the licensee has made and
registered compensation
agreements with those owners and
occupiers; or
5 (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
10 result by the person or body
making the determination; or
(iv) the licensee has purchased the
land affected--
unless this requirement has been
15 waived by the Department Head under
sub-section (2).";
(d) for the penalty at the foot of this sub-section
substitute--
"Penalty: In the case of a corporation,
20 1000 penalty units.
In any other case, 200 penalty
units.
Default penalty:
In the case of a corporation,
25 20 penalty units.
In any other case, 10 penalty
units.".
(2) After section 43(1) of the Mineral Resources
Development Act 1990 insert--
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"(2) If the land affected is private land and the
licensee has been unable to determine the
name and address of the owners and
occupiers of the land, the licensee may apply
5 to the Department Head to have the
requirement specified by sub-section (1)(e)
waived.
(2A) The Department Head may grant such an
application if, in her or his opinion, the
10 licensee has made all reasonable efforts to
determine the name and address of the
owners and occupiers of the land.
(2B) Before waiving the requirement, the
Department Head may require the licensee--
15 (a) to advertise the licensee's intention to
start work on the land affected in a
specified edition of a newspaper
circulating generally in the area in
which the land is situated;
20 (b) to post a notice on the land affected
stating that the licensee intends to start
work on that land.".
43. Clarification that planning requirements still apply to
unrestricted Crown land
25 In section 43B of the Mineral Resources
Development Act 1990--
(a) in sub-section (1), after "doing of work"
insert "under a licence";
(b) in sub-section (2), after "apply to the" insert
30 "Planning and Environment Act 1987,
the".
44. Restriction concerning deemed consents
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(1) In sections 44(1), (2) and (8) of the Mineral
Resources Development Act 1990, after "do
work" insert "under the licence".
(2) For section 44(6) of the Mineral Resources
5 Development Act 1990 substitute--
"(6) A person or body that does not comply with
sub-section (5) in relation to any land is
deemed to have given the consent sought.".
45. Protection of buildings and sites
10 (1) In section 45(1) of the Mineral Resources
Development Act 1990--
(a) omit "(3),";
(b) after "do any work" insert "under the
licence";
15 (c) for paragraphs (a)(xi) and (xii) substitute--
"(xi) an archaeological area as defined by the
Archaeological and Aboriginal Relics
Preservation Act 1972; or
(xii) any archaeological relic (as defined by
20 that Act) that is still at the place at
which it was discovered and that the
Secretary (as defined by that Act)--
(i) considers to be worthy of
preservation; or
25 (ii) has not yet formed an opinion
under section 23(2) of that Act as
to whether it is worthy of
preservation; or";
(d) for the penalty at the foot of this sub-section
30 substitute--
"Penalty: In the case of a corporation,
1000 penalty units.
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In any other case, 200 penalty
units.
Default penalty:
In the case of a corporation,
5 20 penalty units.
In any other case, 10 penalty
units.".
(2) After section 45(1) of the Mineral Resources
Development Act 1990 insert--
10 "(1A) Despite sub-section (1), a licensee may do
any work prohibited by sub-section (1)
(except work within the prohibited distances
of the area relating to a site described in sub-
section (1)(a)(xiii)) if the licensee is not
15 required to obtain a permit for that work
under section 42(7) or 42A.
(1B) Sub-section (1A) applies regardless of
whether the licensee has any of the consents
referred to in sub-sections (2) and (4).".
20 (3) Section 45(3) of the Mineral Resources
Development Act 1990 is repealed.
(4) In section 45(5) of the Mineral Resources
Development Act 1990, omit "(3)".
(5) For section 45(6) of the Mineral Resources
25 Development Act 1990 substitute--
"(6) A licensee must not do any work on land that
is an Aboriginal area or place if the carrying
out of that work contravenes--
(a) any declaration in force under section
30 9, 10, 21C, 21D or 21E of the
Aboriginal and Torres Strait Islander
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Heritage Protection Act 1984 of the
Commonwealth; or
(b) any declaration in force under
section 15 or 16 of the Archaeological
5 and Aboriginal Relics Preservation
Act 1972.
Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
10 units.
Default penalty:
In the case of a corporation,
20 penalty units.
In any other case, 10 penalty
15 units.".
46. Consultation in relation to authorisations to mine
near protected areas
(1) For section 46(1) of the Mineral Resources
Development Act 1990 substitute--
20 "(1) The Minister may authorise a licensee to do
work within the area prohibited by section
45(1)(a)(i) to (x) or within 100 metres below
that area--
(a) after considering the advice of the
25 Mining and Environment Advisory
Committee; or
(b) after consultation with the municipal
council in whose municipal district an
area is situated, and any community
30 group or member of the community
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whom the Minister considers should be
consulted about the proposed work.".
(2) In section 46(3) of the Mineral Resources
Development Act 1990, for "45(3) or (4)"
5 substitute "45(4)".
47. Plan of mine
Section 47 of the Mineral Resources
Development Act 1990 is repealed.
48. Substitution of section 47A
10 For section 47A of the Mineral Resources
Development Act 1990 substitute--
"47A. Management of worksites
(1) A licensee holding a mining licence must
appoint a manager to control and manage the
15 licence worksites.
(2) The licensee must ensure that the manager is
a competent person.
(3) A competent person is a person whom the
licensee reasonably believes--
20 (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 licence worksites; and
25 (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
the carrying out, of any activity on the
30 licence worksites that is regulated by or
under any Act.
(4) The licensee must provide the manager with
sufficient means to enable the manager to
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ensure that all obligations placed on the
licensee by or under this Act with respect to
the licence worksites are met.
Penalty: In the case of a corporation,
5 1000 penalty units.
In any other case, 200 penalty
units.
(5) If the licensee is a competent person, he or
she may appoint himself or herself to be the
10 manager of the licence worksites.".
49. Entitlements under a miner's right
(1) For sections 55(1) and (2) of the Mineral
Resources Development Act 1990 substitute--
"(1) A miner's right entitles the holder to search
15 for minerals on any of the following land,
unless the land is covered by a mining
licence--
(a) private land, but only with the consent
of the owner or occupier; and
20 (b) Crown land (other than land exempted
under section 6 or 7 of this Act or
nominated under section 7(1) of the
Crown Land (Reserves) Act 1978).
(1A) If the land is covered by a mining licence,
25 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 sub-section (1), the consent of the
licensee.
30 (2) A consent granted under sub-section (1) or
(1A)--
(a) may be granted subject to conditions;
and
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(b) may be withdrawn at any time by the
person who granted it.
(2A) If the holder of a miner's right is validly on
any land under this section, he or she may
5 remove from the land any minerals
discovered by him or her on the land.".
(2) For section 57(1)(a) of the Mineral Resources
Development Act 1990 substitute--
"(a) likely to search for minerals in circumstances
10 that are not authorised by section 55; or".
50. Obligations of miner's right holders
(1) In section 58 of the Mineral Resources
Development Act 1990--
(a) in sub-section (1), for "who searches on
15 land" substitute "acting";
(b) in sub-section (2), for "10 penalty units"
substitute "50 penalty units".
(2) After section 58(2) of the Mineral Resources
Development Act 1990 insert--
20 "(3) The holder of a miner's right must produce
the miner's right for inspection if asked to do
so by an inspector or any person acting under
a delegation conferred under section 91(b).".
51. Entitlements under a tourist fossicking authority
25 (1) For section 59(1) of the Mineral Resources
Development Act 1990 substitute--
"(1) A tourist fossicking authority entitles the
holder and any person accompanied by the
holder to search for minerals at the times,
30 and subject to the conditions, specified in the
authority on any of the following land that is
specified in the authority, unless the land is
covered by a mining licence--
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(a) private land, but only with the consent
of the owner or occupier; and
(b) Crown land (other than land exempted
under section 6 or 7 of this Act).
5 (1A) If the land is covered by a mining licence,
the holder of the authority and any person
accompanied by the holder is entitled to
search for minerals on the land under a
tourist fossicking authority if--
10 (a) the land is specified in the authority;
and
(b) the holder of the authority has, in
addition to any consent required under
sub-section (1), the consent of the
15 licensee.".
(2) For section 59(3) of the Mineral Resources
Development Act 1990 substitute--
"(3) A consent granted under sub-section (1) or
(1A)--
20 (a) may be granted subject to conditions;
and
(b) may be withdrawn at any time by the
person who granted it.
(4) If a person is validly on any land under this
25 section, he or she may remove from the land
any minerals discovered by him or her on the
land.".
52. Changes concerning the register
(1) Section 68 of the Mineral Resources
30 Development Act 1990 is repealed.
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(2) In sections 69, 70(6), 73, 74, 75 and 76 of the
Mineral Resources Development Act 1990, for
"registrar" (wherever occurring) substitute
"Department Head".
5 (3) In section 69(2)(a) of the Mineral Resources
Development Act 1990--
(a) for sub-paragraph (v) substitute--
"(v) work authorities;";
(b) after sub-paragraph (i) insert--
10 "(ia) instruments of refusal of applications
for licences;";
(c) in sub-paragraph (xiv), after "licences"
insert "(including mortgages)".
(4) After section 74(1)(c) of the Mineral Resources
15 Development Act 1990 insert--
"; and
(d) provide a copy of a registered work plan; and
(e) provide a copy of a registered variation to a
work plan--".
20 (5) After section 74(1) of the Mineral Resources
Development Act 1990 insert--
"(1A) In complying with sub-sections (1)(d) and
(e), the Department Head must exclude from
any copy provided any information that is, in
25 the opinion of the Department Head, of a
confidential or commercially sensitive
nature.".
53. Additional requirement for rehabilitation plan
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After section 79(a)(iv) of the Mineral Resources
Development Act 1990 insert--
"(v) any potential long term degradation of the
environment; and".
5 54. Rehabilitation bonds
(1) In section 80 of the Mineral Resources
Development Act 1990, for the penalty at the foot
of sub-section (6) substitute--
"Penalty: In the case of a corporation,
10 1000 penalty units.
In any other case, 200 penalty units.
Default penalty:
In the case of a corporation, 20 penalty
units.
15 In any other case, 10 penalty units.".
(2) In section 81 of the Mineral Resources
Development Act 1990, after "doing work" insert
"under the licence".
55. Conditions on return of rehabilitation bonds
20 After section 82(2) of the Mineral Resources
Development Act 1990 insert--
"(3) The Minister may, as a condition of
returning a bond or bonds to a licensee or a
former licensee, require that person to enter
25 into a further rehabilitation bond if any land
or part of the land to which the bond relates
has not been rehabilitated, or requires further
rehabilitation.".
56. Change to bond return period
30 For section 83(6) of the Mineral Resources
Development Act 1990 substitute--
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"(6) In making a decision under sub-section (5),
the Minister must take into account the
possibility that some of the damage caused
to the land by the licence activities may not
5 become evident for some time.".
57. Changes concerning compensation
(1) After section 85(1)(g) of the Mineral Resources
Development Act 1990 insert--
"; and
10 (h) loss of opportunity to use tailings disposed
of with the consent of the Minister under
section 14(2).".
(2) For section 88(3)(b)(i) of the Mineral Resources
Development Act 1990 substitute--
15 "(i) the other party is not the owner or occupier
of the land affected; or".
58. Insertion of section 85A
After section 85 of the Mineral Resources
Development Act 1990 insert--
20 "85A. What compensation is payable for--Crown
land
(1) This section applies if the Minister is of the
opinion that the approval of a work plan, or
the carrying out of any work under a licence,
25 in relation to any Crown land has, or will,
result in loss or damage of the following
nature being sustained as a direct, natural
and reasonable consequence of the approval
of the plan, or the carrying out of the work--
30 (a) deprivation of possession of the whole,
or any part of the surface, of the land;
or
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(b) damage to the surface of the land to
such an extent that it cannot be
rehabilitated and returned to its former,
or a comparable, state; or
5 (c) damage to any improvements on the
land; or
(d) severance of the land from any other
Crown land; or
(e) loss of opportunity to make any
10 planned improvement on the land.
(2) The Minister may require the licensee to pay
compensation for the loss or damage--
(a) to the Crown; or
(b) to any person who is authorised to
15 undertake activities on the land under a
lease, licence, permit or other authority
granted under an Act.
(3) In determining whether compensation should
be paid under sub-section (2)(a), the Minister
20 must take into account any benefits that may
accrue to the people of Victoria from the
work carried out under the licence (for
example, the provision of infrastructure).
(4) In determining the amount of compensation
25 to be paid, the Minister may, if it is
necessary for the Crown to obtain
replacement land, take account of the
reasonable incidental expenses incurred in
obtaining that land.
30 (5) If the Minister determines that compensation
should be paid to a person referred to in sub-
section (2)(b), the Minister may increase the
amount payable by up to 10% by way of
solatium to compensate the person for
35 intangible and non-pecuniary disadvantages
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for which compensation is not otherwise
payable and that result from the approval or
the carrying out of the work.
(6) Compensation is not payable in respect of
5 any land which only became Crown land
after work under the licence started on that
land.
(7) Sections 85(4) and (5) also apply to this
section.".
10 59. Insertion of section 88A
After section 88 of the Mineral Resources
Development Act 1990 insert--
"88A. Determination of disputes--Crown land
(1) A licensee may apply to the Tribunal for a
15 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 other authority granted
20 under an Act may apply to the Tribunal for a
review of any decision made by the Minister
under section 85A that affects the person.
(3) An application for a review under this
section must be made within 28 days after
25 the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the applicant requests a statement of
30 reasons for the decision, the day on
which the statement of reasons is given
to the applicant or the applicant is
informed under section 46(5) of that
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Act that a statement of reasons will not
be given.".
60. Limit on amount of compensation for loss of amenity
After section 89(2) of the Mineral Resources
5 Development Act 1990 insert--
"(3) The maximum amount of compensation that
a court or the Tribunal may order to be paid
under section 85(1)(e) (loss of amenity) is
$10 000.".
10 61. Change of title
In the Mineral Resources Development Act
1990--
(a) for section 90(1)(a) substitute--
"(a) a Director of Mines; and";
15 (b) in sections 38(1B)(b), 42(2)(b)(i),
43(1)(d)(i), 67, 90(3), 91 and 118(1)(c), for
"chief mining inspector" (wherever
occurring) substitute "Director of Mines".
62. Substitution of section 93
20 For section 93 of the Mineral Resources
Development Act 1990 substitute--
"93. Offence to obstruct inspector etc.
(1) A person must not wilfully assault, obstruct
or attempt to obstruct, threaten, intimidate or
25 attempt to intimidate an inspector in the
exercise of the inspector's powers or the
discharge of the inspector's duties.
Penalty: In the case of a corporation,
1000 penalty units.
30 In any other case, 200 penalty
units.
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(2) A person must not--
(a) contravene or fail to comply with any
lawful requirement of an inspector; or
(b) refuse or neglect, when required by this
5 Act to do so, to render assistance or
furnish information to an inspector; or
(c) make to an inspector exercising a
power or discharging a duty under this
Act a statement knowing it to be false
10 or misleading in any particular.
Penalty: In the case of a corporation,
500 penalty units.
In any other case, 100 penalty
units.
15 (3) A person must not, when required by an
inspector to state his or her full name and
address--
(a) fail to do so; or
(b) state a false name or address; or
20 Penalty: 5 penalty units.
(4) A reference in this section to an inspector
includes a reference to a person acting under
an instrument of delegation under section
91(b).".
25 63. Repeal of Part 10--Mine Managers' Certificates
Part 10 of the Mineral Resources Development
Act 1990 is repealed.
64. Additional powers of the Minister in contravention
cases
30 (1) For sections 110(1) to (3) of the Mineral
Resources Development Act 1990 substitute--
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"(1) This section applies if the Minister is
satisfied that the holder of an authority under
this Act--
(a) has contravened this Act or the
5 regulations; or
(b) has not complied with any condition to
which the authority is subject or any
condition specified under section 44; or
(c) has not complied with any relevant
10 planning scheme or permit; or
(d) has not complied with any condition
applying to the carrying out of the work
plan under the authority; or
(e) has undertaken work on land otherwise
15 than in accordance with the work plan
under the authority.
(2) The Minister may, by notice served on the
holder of the authority--
(a) require the taking within a specified
20 period of any action necessary to
remedy the contravention or non-
compliance;
(b) prohibit the doing of any activity or
class of activity by the holder of the
25 authority for a specified period or until
the occurrence of a specified event;
(c) require the holder of the authority to
supply any plans or other information
specified in the notice;
30 (d) require the holder of the authority--
(i) to provide monitoring equipment;
(ii) to carry out any monitoring or
surveys specified in the notice;
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(iii) to have any audit or assessment
specified in the notice carried out
by an appropriately qualified
person or body;
5 (iv) to give the Minister a report
detailing the results of the
monitoring, surveys, audit or
assessment.
(3) The holder of an authority must comply with
10 a notice issued under sub-section (2).
Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
15 Default penalty:
In the case of a corporation,
20 penalty units.
In any other case, 10 penalty
units.".
20 (2) In section 110(4) of the Mineral Resources
Development Act 1990, for "sub-section (1)"
substitute "sub-section (2)".
(3) For sections 110(5) and (6) of the Mineral
Resources Development Act 1990 substitute--
25 '(5) The Minister may, by notice served on the
holder of the authority, cancel a notice issued
under sub-section (2).
(6) For the purposes of this section, in the case
of a mining licence, service of a notice on
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the manager appointed to control and
manage the licence worksites is deemed to
be service of the notice on the licensee.
(7) In this section "authority" means a licence,
5 a miner's right, a tourist fossicking authority
or a tourist mine authority.'.
65. Insertion of section 111A
After section 111 of the Mineral Resources
Development Act 1990 insert--
10 "111A. Default penalties
(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
15 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
20 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.".
66. Surveys and drilling operations
25 (1) For section 112(1) of the Mineral Resources
Development Act 1990 substitute--
"(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
30 geological survey on behalf of the
Department.".
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(2) In sections 112(2) and (3) of the Mineral
Resources Development Act 1990, for "boring"
(wherever occurring) substitute "drilling".
(3) For section 112(4) of the Mineral Resources
5 Development Act 1990 substitute--
"(4) Part 8 applies to any drilling operation under
sub-section (2)--
(a) as if a reference in that Part to a
licensee was a reference to the
10 Department; and
(b) as if a reference in that Part to the
approval of the work plan or the doing
of work under the licence was a
reference to the carrying out of the
15 drilling operation.".
67. Abandoned plant
For section 114(5) of the Mineral Resources
Development Act 1990 substitute--
"(5) Any money received by the Minister on the
20 sale of property under sub-section (4)
must--
(a) if the cost of taking action under
section 83(1) in relation to any land
covered by the licence exceeds the
25 amount of the bond or bonds, be
applied towards covering that cost;
(b) in any other case, be paid into the
Consolidated Fund.
(6) If sub-section (5)(a) applies and money
30 remains after the cost referred to in that sub-
section has been covered, that remaining
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money must be paid into the Consolidated
Fund.
(7) Nothing in this section applies to any plant
that is on any land owned by the licensee or
5 former licensee.".
68. Information supplied by licensees
For section 116(3) of the Mineral Resources
Development Act 1990 substitute--
"(3) The Minister may also make a document
10 furnished under sub-section (1) available for
inspection by the public--
(a) if the licensee consents to the Minister
doing so; or
(b) if the licensee refuses to consent to the
15 Minister doing so, but the Minister is
satisfied that the licensee is acting
unreasonably in refusing to consent and
that it is in the public interest that the
information should be released while
20 the licence is still in force.
(4) Regulations made under sub-section (1) may
require the licensee to lodge a detailed
current plan of any mine within the area
covered by the licence.".
25 69. Supreme Court--limitation of jurisdiction
For section 123 of the Mineral Resources
Development Act 1990 substitute--
"123. Supreme Court--limitation of jurisdiction
It is the intention of section 89(3), as inserted
30 by section 60 of the Mineral Resources
Development (Amendment) Act 2000, to
alter or vary section 85 of the Constitution
Act 1975.".
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70. Regulations
In section 124(1) of the Mineral Resources
Development Act 1990--
(a) in paragraph (c), omit "and renewals of
5 licences";
(b) paragraphs (m) and (n) are repealed;
(c) for paragraph (v) substitute--
"(v) requiring the payment of fees for
anything done under this Act or the
10 regulations and prescribing those fees;
and".
71. Insertion of section 130
After section 129 of the Mineral Resources
Development Act 1990 insert--
15 "130. Saving and transitional provisions--
2000 amendments
Schedule 5 contains saving and transitional
provisions arising from the amendments
made to this Act by the Mineral Resources
20 Development (Amendment) Act 2000.".
72. Increase in miscellaneous penalties
In the Mineral Resources Development Act
1990--
(a) in section 67, for "100 penalty units"
25 substitute "200 penalty units";
(b) in section 77, for "100 penalty units"
substitute "200 penalty units".
73. Insertion of Schedule 5
After Schedule 4 of the Mineral Resources
30 Development Act 1990 insert--
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SCHEDULE 5
SAVING AND TRANSITIONAL PROVISIONS
ARISING FROM THE MINERAL RESOURCES
DEVELOPMENT (AMENDMENT) ACT 2000
5 1. Definitions
In this Schedule--
"amending Act" means the Mineral Resources
Development (Amendment) Act 2000;
"commencement date" means the date section
10 14 of the amending Act came into
operation.
2. Saving of exploration licence applications based on
former measurement system
If the Minister varies the meaning of a graticular
15 section under section 7A--
(a) any application for an exploration licence
that was lodged before the date the variation
took effect is not invalid merely because it
does not take account of the varied meaning
20 of graticular sections; and
(b) the Minister may grant the application
without modifying the area to which the
licence is to apply to take account of the
varied meaning.
25 3. "Queued" applications to lapse
(1) This clause applies if--
(a) an application for a licence was lodged--
(i) before the commencement date; and
(ii) one or more days after an application
30 was lodged for a licence in respect of
the same land; and
(b) that other prior application had not lapsed or
been withdrawn, rejected or not accepted
before the commencement date.
35 (2) The later application lapses.
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4. Other applications
Subject to clauses 2 and 3, any application for a
licence or the renewal of a licence that was lodged
before the commencement date and that had not
5 lapsed or been withdrawn, rejected or not accepted
before that date is to be treated as if it had been
lodged on the commencement date.
5. Exploration licences held for less than 5 years
(1) This clause applies to an exploration licence that
10 was first registered less than 5 years before the
commencement date.
(2) The licence is to be treated as if it had been issued
on the day it was first registered for a period of 5
years.
15 (3) Sub-section (2) is not to be read as enabling the
recovery of any area that no longer applies to the
licence as a result of section 30 (before its repeal).
6. Exploration licences held for 5 years or more
(1) This clause applies to an exploration licence that
20 was first registered 5 years or more before the
commencement date.
(2) The licence may be renewed on the expiry of the
term specified in the licence.
7. Exploration licences not affected
25 Subject to clauses 5 and 6, any exploration licence
in force on the commencement date continues in
force.
8. Mining licences not affected
Any mining licence in force on the commencement
30 date continues in force.
9. Right to reproduce section 116 document imposed as a
condition
(1) This clause applies to any mining licence in force
immediately before the commencement date.
35 (2) It is a condition of the licence that, in providing a
document to the Minister under section 116, the
licensee must give the Crown a licence to
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reproduce the document and any information in
the document.".
74. Repeal of spent Act
The Mineral Resources Development
5 (Amendment) Act 1993 is repealed.
75. Amendment to the National Parks Act 1975
After section 32D(3) of the National Parks Act
1975 insert--
"(4) The property in minerals passes from the
10 Crown to a person acting in accordance with
any permission or authorization given under
sub-section (2) when the minerals are
separated from the land.".
15
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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