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PARLIAMENT OF VICTORIA
Resources Industry Legislation Amendment Bill
2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--MINERAL RESOURCES (SUSTAINABLE
DEVELOPMENT) ACT 1990 3
4 Substitution of section 1 3
1 Purpose 3
5 Objectives 3
6 Definitions 4
7 Interaction of this Act with native title legislation 7
8 New sections 5AA and 5AB inserted 7
5AA Application of this Act 7
5AB Application of this Act to Alcoa land 8
9 New section 6AA inserted 9
6AA Land not available for searching for stone 9
10 Offence to search for minerals or do work without authority 9
11 New sections 8AA and 8AB inserted 9
8AA Offence to search for stone without owner's consent 9
8AB Offence to carry on extractive industry without
authority 10
12 New section 11A inserted 11
11A Ownership of stone 11
13 Royalties 12
14 Cancellation of licence 12
15 Commencement of work under mining licence 12
16 Commencement of work under exploration licence 12
17 Management of worksites 13
18 Appointment of advisory panels 13
19 Commencing activity in a tourist mine 13
561245B.I-3/12/2008 i BILL LA INTRODUCTION 3/12/2008
Clause Page
20 Heading to Part 7 and section 77A substituted 13
PART 6A--EXTRACTIVE INDUSTRIES--WORK
AUTHORITIES AND OTHER MATTERS 13
Division 1--Consent to search for stone 13
77A Consent to search for stone on Crown land 13
77B Special requirements for particular land 15
77C Authority to search for stone for Department 17
77D Form and content of consent 17
77E Effect of consent under section 77A 18
77F Power of Minister to cancel or suspend consent etc. 18
Division 2--Work Plans and Extractive Industry Work
Authorities 19
77G Work plan 19
77H Variation of work plan 20
77I Extractive industry work authorities 22
77J Conditions of extractive industry work authorities 23
77K Extractive industry work authority holder's duty to
consult with community 24
77L Period of extractive industry work authority 25
77M Variation of an extractive industry work authority 25
77N Transfer of an extractive industry work authority 26
77O Cancellation of an extractive industry work authority 27
77P Review of certain decisions about work plans and
extractive industry authorities 28
Division 3--Managers 29
77Q Manager must be appointed 29
Division 4--Planning requirements 29
77R Powers to amend planning scheme 29
77S Land subject to a licence under Part 2 31
77T Environment Effects Statement 32
PART 7REHABILITATION 33
77U Definitions 33
21 New section 78A inserted 33
78A Holder of extractive industry work authority must
rehabilitate land 33
22 Rehabilitation plan 34
23 Rehabilitation liability assessment 34
24 Rehabilitation bond 35
25 Rehabilitation 35
26 Certification that land has been rehabilitated 36
27 Return of bond if rehabilitation satisfactory 36
561245B.I-3/12/2008 ii BILL LA INTRODUCTION 3/12/2008
Clause Page
28 Minister may carry out rehabilitation 37
29 New Division 1 heading and section 84A inserted into Part 8 37
Division 1General 37
84A Application of this Division 37
30 What compensation is payable for 37
31 New Division 2 of Part 8 inserted 38
Division 2Extractive industries search authorities 38
89AA Compensationsearch authorities 38
89AB Measure of compensation payable under section 89AA 39
32 Section 89G substituted 39
89G Code of Practice 39
33 Employment of inspectors 40
34 Delegation by Director of Mines 40
35 Section 106 substituted 40
106 Infringements 40
36 Order to cease work etc. 41
37 Pecuniary interests 41
38 Regulations 42
39 New section 136 inserted 42
136 Saving and transitional provisions--2008 amendments 42
40 New Schedule 7 inserted 42
SCHEDULE 7--Saving and Transitional Provisions
Arising from the Resources Industry
Legislation Amendment Act 2008 42
1 Definitions 42
2 Work authorities granted under the old Act to continue 43
3 Variation of work plans 43
4 Chief Inspector of quarries 44
5 Inspectors of quarries 44
PART 3EXTRACTIVE INDUSTRIES DEVELOPMENT
ACT 1995 46
41 Repeal of the Extractive Industries Development Act 1995 46
PART 4CONSEQUENTIAL AMENDMENTS TO OTHER ACTS 47
42 Aboriginal Heritage Act 2006 47
43 Aboriginal Land (Manatunga Land) Act 1992 47
44 Aboriginal Land (Northcote Land) Act 1989 47
45 Aboriginal Lands (Aborigines' Advancement League)
(Watt Street, Northcote) Act 1982 47
46 Catchment and Land Protection Act 1994 48
47 Conservation, Forests and Lands Act 1987 48
48 Crown Land (Reserves) Act 1978 48
561245B.I-3/12/2008 iii BILL LA INTRODUCTION 3/12/2008
Clause Page
49 Dangerous Goods Act 1985 49
50 EastLink Project Act 2004 49
51 Flora and Fauna Guarantee Act 1988 49
52 Forests Act 1958 49
53 Melbourne City Link Act 1995 50
54 National Parks Act 1975 50
55 Nuclear Activities (Prohibitions) Act 1983 51
56 Occupational Health and Safety Act 2004 51
57 Victorian Civil and Administrative Tribunal Act 1998 51
58 Victorian Plantations Corporation Act 1993 52
PART 5REPEAL OF AMENDING ACT 53
59 Repeal of amending Act 53
ENDNOTES 54
561245B.I-3/12/2008 iv BILL LA INTRODUCTION 3/12/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Resources Industry Legislation
Amendment Bill 2008
A Bill for an Act to amend the Mineral Resources (Sustainable
Development) Act 1990 to provide for extractive industries, to repeal
the Extractive Industries Development Act 1995, to make
consequential amendments to other Acts and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to--
(a) amend the Mineral Resources (Sustainable
5 Development) Act 1990 to provide for the
regulation of extractive industries; and
(b) repeal the Extractive Industries
Development Act 1995; and
561245B.I-3/12/2008 1 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 1--Preliminary
s. 2
(c) make consequential amendments to other
Acts.
2 Commencement
(1) Subject to subsection (2), this Act comes into
5 operation on a day to be proclaimed.
(2) If this Act does not come into operation before
1 January 2010, it comes into operation on that
day.
3 Principal Act
10 See: In this Act, the Mineral Resources (Sustainable
Act No.
92/1990. Development) Act 1990 is called the Principal
Reprint No. 7 Act.
as at
9 February
2007
and
amending
Act Nos
16/2006,
63/2006,
25/2008 and
54/2008.
LawToday:
www.
legislation.
vic.gov.au
__________________
561245B.I-3/12/2008 2 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 4
PART 2--MINERAL RESOURCES (SUSTAINABLE
DEVELOPMENT) ACT 1990
4 Substitution of section 1
For section 1 of the Principal Act substitute--
5 "1 Purpose
The purpose of this Act is to encourage
economically viable mining and extractive
industries which make the best use of
resources in a way that is compatible with
10 the economic, social and environmental
objectives of the State.".
5 Objectives
(1) In section 2(1)(b) of the Principal Act--
(a) for subparagraph (i) substitute--
15 "(i) mineral and stone resources are
developed in ways that minimise
adverse impacts on the environment
and the community; and";
(b) for subparagraph (iii) substitute--
20 "(iii) land which has been mined or from
which stone has been extracted or
removed is rehabilitated; and"
(c) in subparagraph (iv) after "private land"
insert "for exploration or mining".
25 (2) In section 2(1)(c) of the Principal Act--
(a) after "mining" insert "or extraction";
(b) after "mineral resources" insert "and stone".
(3) Section 2(2) of the Principal Act is repealed.
561245B.I-3/12/2008 3 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 6
6 Definitions
(1) In section 4(1) of the Principal Act insert the
following definitions--
"Chief Inspector means the Chief Inspector
5 employed under section 90(1)(a);
extractive industry means the extraction or
removal of stone from land if a primary
purpose of the extraction or removal is
the sale or commercial use of the stone
10 or the use of the stone in construction,
building, road or manufacturing works
and includes--
(a) the treatment of stone or the
manufacture of bricks, tiles,
15 pottery or cement products on or
adjacent to land from which the
stone is extracted; and
(b) any place, operation or class of
operation involving the extraction
20 or removal of stone from land,
declared by the Minister, by notice
published in the Government
Gazette, to be an extractive
industry for the purposes of this
25 Act;
extractive industry work authority means a
work authority relating to an extractive
industry granted under section 77I;
planning permit means a planning permit
30 issued under the Planning and
Environment Act 1987;
planning scheme means a planning scheme
made under the Planning and
Environment Act 1987;
561245B.I-3/12/2008 4 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 6
quarry means--
(a) a pit or excavation made in land
below the natural surface for the
purpose of extracting or removing
5 stone if a primary purpose of the
extraction or removal is the sale or
commercial use of the stone or the
use of the stone in construction,
building, road or manufacturing
10 works; or
(b) any place or operation involving
the removal of stone from land,
declared by the Minister by notice
published in the Government
15 Gazette to be a quarry--
and includes access ways on private
land and the works, machinery, plant,
equipment, buildings and structures
above or below ground used for or in
20 connection with--
(c) making, enlarging or deepening
the pit or excavation; or
(d) carrying on the operation; or
(e) the extraction or removal of stone
25 from the pit or excavation; or
(f) the treatment on or adjacent to the
land in which the pit or excavation
is made of stone extracted or
removed from the land or the
30 manufacture on or adjacent to that
land of bricks, tiles, pottery or
cement products substantially
from stone so extracted or
removed;
561245B.I-3/12/2008 5 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 6
responsible authority in relation to a
planning scheme has the same meaning
as in the Planning and Environment
Act 1987;".
5 (2) In section 4(1) of the Principal Act--
(a) in the definition of community engagement
plan, for "section 40(3)(b)(ii)" substitute
"sections 40(3)(b)(ii) and 77G(3)(c)";
(b) for the definition of inspector substitute--
10 "inspector means an inspector employed
under section 90(1)(b);";
(c) for the definition of plant substitute--
"plant means buildings, structures, works or
other machinery (whether fixed or
15 mobile) and all other installations or
equipment used in the doing of work
under a licence or an extractive industry
work authority;";
(d) for the definition of work plan substitute--
20 "work plan means a work plan lodged under
section 40 or section 77G;";
(e) in the definition of worksite, after "licence,"
insert "an extractive industry work
authority,".
25 (3) In section 4(1) of the Principal Act, the following
definitions are repealed--
(a) Director of Mines;
(b) infringement;
(c) mining infringement.
561245B.I-3/12/2008 6 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 7
7 Interaction of this Act with native title legislation
For section 5A(3)(a) of the Principal Act
substitute
"(a) the granting of a licence under Part 2, permit,
5 right or an authority under Part 5;".
8 New sections 5AA and 5AB inserted
After section 5 of the Principal Act insert--
"5AA Application of this Act
(1) The provisions of this Act do not apply to or
10 with respect to any extractive industry
exempted by notice published in the
Government Gazette by the Minister from
compliance with any of those provisions of
this Act relating to extractive industries
15 whether unconditionally or on specified
conditions and either wholly or to such an
extent as is specified.
(2) Despite any contrary provision in any other
Act administered by the Minister
20 administering the Conservation, Forests
and Lands Act 1987 if there is provision
under any of those Acts to issue or grant a
lease, licence, permit or authority allowing
for the search for stone or the carrying out of
25 an extractive industry, a person is not
required to obtain such a lease, licence,
permit or authority if the person has
complied with the provisions of this Act
relating to extractive industries with respect
30 to the searching for stone or the carrying out
of the extractive industry.
(3) Subsection (1) does not affect any lease,
licence, permit or authority issued or granted
under an Act administered by the Minister
35 referred to in subsection (2).
561245B.I-3/12/2008 7 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 8
(4) The provisions of this Act relating to
extractive industries do not apply to or with
respect to the extraction or removal of stone
from land that is a farm if the stone is
5 intended in good faith only to be used on that
farm for the purposes of a dam or other farm
works and not for sale or any other
commercial use.
(5) The provisions of this Act relating to
10 extractive industries do not apply to or with
respect to the carrying out of any extractive
activity within the meaning of the
Catchment and Land Protection Act 1994.
5AB Application of this Act to Alcoa land
15 (1) For the purposes of the provisions of this Act
relating to extractive industries, land in the
leased area within the meaning of the
definition of leased area in the agreement set
out in the Schedule to the Mines
20 (Aluminium Agreement) Act 1961 is
deemed to be private land of which Alcoa
of Australia Proprietary Limited
ACN 004 879 298 is the owner for any
purpose other than the determination and
25 payment of royalties to the Crown.
(2) The Minister must not grant an extractive
industry work authority over any part of the
leased area referred to in subsection (1)
without the consent of the Minister
30 administering the Conservation, Forests
and Lands Act 1987.".
561245B.I-3/12/2008 8 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 9
9 New section 6AA inserted
After section 6 of the Principal Act insert--
"6AA Land not available for searching for stone
The Crown land Minister must not give
5 consent under section 77A to search for
stone on the following land--
(a) land that is a reference area under the
Reference Areas Act 1978;
(b) except as provided for in section 40 of
10 the National Parks Act 1975, land that
is a national park, wilderness park,
State park, marine national park or
marine sanctuary under the National
Parks Act 1975;
15 (c) land in respect of which an ongoing
protection declaration is in force under
the Aboriginal Heritage Act 2006.".
10 Offence to search for minerals or do work without
authority
20 In section 8(3) of the Principal Act, for "under the
Extractive Industries Development Act 1995"
substitute "relating to an extractive industry".
11 New sections 8AA and 8AB inserted
After section 8 of the Principal Act insert--
25 "8AA Offence to search for stone without
owner's consent
A person must not search for stone or carry
out any survey or other operation for the
purpose of searching for stone--
30 (a) on Crown land without consent under
section 77A and any consent required
under section 77B(1); or
561245B.I-3/12/2008 9 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 11
(b) on any private land without--
(i) the consent of the owner of the
land and any consent required
under section 77B(1), if the person
5 whose consent is required under
section 77B(1) is not the owner;
or
(ii) the authority of the Minister under
section 77C and any consent
10 required under section 77B(1).
Penalty: 50 penalty units.
8AB Offence to carry on extractive industry
without authority
(1) A person must not carry out an extractive
15 industry on any land without a current
extractive industry work authority to carry
out that extractive industry on that land.
Penalty: 200 penalty units.
(2) Subject to subsection (3), the holder of an
20 extractive industry work authority and the
manager of the place where the extractive
industry is being carried out under the work
authority must comply with the work
authority in carrying out the extractive
25 industry.
Penalty: 20 penalty units.
(3) The holder of an extractive industry work
authority and the manager of the place where
the extractive industry is being carried out
30 under the work authority must comply with
the conditions of the work authority relating
to the safety of workers or the public.
Penalty: 100 penalty units.".
561245B.I-3/12/2008 10 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 12
12 New section 11A inserted
After section 11 of the Principal Act insert--
"11A Ownership of stone
(1) All stone which is on or below the surface of
5 any private land, despite any reservation in
the Crown grant or in any Crown lease of the
land, is not the property of the Crown but is
the property of the owner of the land.
(2) A person who--
10 (a) holds an extractive industry work
authority; or
(b) applies for an extractive industry work
authority--
in respect of any stratum of private land
15 immediately below which there is
unalienated Crown land and who proposes to
carry out an extractive industry on that
unalienated Crown land is to be regarded as
the owner of that Crown land for the purpose
20 of obtaining a work authority for the carrying
out of that extractive industry.
(3) Despite subsection (2), the stone in any
Crown land to which that subsection applies
remains the property of the Crown and that
25 person must pay royalties for the stone
extracted or removed from the land and the
extractive industry work authority may
provide for the determination and payment
of royalties accordingly.".
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 13
13 Royalties
After section 12(2) of the Principal Act insert--
"(3) The holder of an extractive industry work
authority to be carried out on Crown land
5 must pay royalties in accordance with the
rate or method of assessment and at the
times--
(a) specified in the work authority; or
(b) prescribed, if not specified in the work
10 authority--
unless the Minister decides to waive or vary
the royalties under subsection (4).
(4) The Minister may waive the requirement for
any holder of an extractive industry work
15 authority to pay royalties or vary the rate,
method of assessment or times at which the
royalty is to be paid by any holder of an
extractive industry work authority if the
Minister is satisfied that a royalty is being
20 paid to the Crown or in any other
circumstances in which the Minister is
satisfied that it is appropriate that there
should be such a waiver or variation.".
14 Cancellation of licence
25 In section 38(1B)(b) of the Principal Act, for
"Director of Mines" substitute "Chief Inspector".
15 Commencement of work under mining licence
In section 42(2)(b)(i) of the Principal Act, for
"Director of Mines" substitute "Chief Inspector".
30 16 Commencement of work under exploration licence
In section 43(1)(d)(i) of the Principal Act, for
"Director of Mines" substitute "Chief Inspector".
561245B.I-3/12/2008 12 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 17
17 Management of worksites
(1) Sections 47A(2) and 47A(3) of the Principal Act
are repealed.
(2) In section 47A(5) of the Principal Act, for "If the
5 licensee is a competent person, he or she"
substitute "The licensee".
18 Appointment of advisory panels
In section 54A of the Principal Act, after
"mining," insert "extractive industries,".
10 19 Commencing activity in a tourist mine
In section 67(a) of the Principal Act, for "Director
of Mines" substitute "Chief Inspector".
20 Heading to Part 7 and section 77A substituted
For the heading to Part 7 and section 77A of the
15 Principal Act substitute--
"PART 6A--EXTRACTIVE INDUSTRIES--
WORK AUTHORITIES AND OTHER MATTERS
Division 1--Consent to search for stone
77A Consent to search for stone on Crown
20 land
(1) A person may apply to the Crown land
Minister for an area of Crown land for
consent to search for stone on that Crown
land.
25 (2) The Crown land Minister must, within
14 days after receiving an application for
consent, give notice of the application to--
(a) any person or body nominated by the
Minister administering the Aboriginal
30 Heritage Act 2006; and
561245B.I-3/12/2008 13 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 20
(b) any registered Aboriginal party (within
the meaning of the Aboriginal
Heritage Act 2006) for an area to
which the application relates.
5 (3) The Crown land Minister must have regard
to any comments or submissions of a person
or body nominated for the purposes of
subsection (2) in considering an application
for consent.
10 (4) The Crown land Minister may, by
instrument--
(a) consent to search for stone on the
Crown land; or
(b) consent to search for stone on the
15 Crown land subject to conditions; or
(c) refuse to consent to search for stone on
the Crown land.
(5) The Crown land Minister must not
unreasonably withhold consent.
20 (6) The Crown land Minister must consent or
refuse to consent to an application within
60 days after receiving the application or
within any further period that the Minister
requires to determine the application
25 including the consideration of comments or
submissions from a person or body
nominated for the purposes of subsection (2).
(7) If the Crown land Minister refuses to consent
under subsection (4)(c), he or she must,
30 within 7 days after the decision to refuse,
give the person proposing to carry out the
search a statement in writing of the reasons
for the decision.
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 20
(8) A person may apply to the Tribunal for
review of a decision by the Crown land
Minister--
(a) to refuse to consent under subsection
5 (4)(c); or
(b) to consent subject to conditions under
subsection (4)(b).
77B Special requirements for particular land
(1) A person who proposes to carry out any
10 search for stone on land that is owned by,
vested in or managed or controlled by an
Authority under the Water Act 1989 or a
licensee within the meaning of the Water
Industry Act 1994 must obtain the consent
15 of that Authority or licensee.
(2) A person who proposes to carry out any
search for stone on land on which there is a
public highway, road or street must give
21 days notice of the proposed search to the
20 person or body having the care or
management of the public highway, road or
street.
(3) A person must not do work at a depth of
more than 0·75 metres below any land that is
25 within 100 metres of--
(a) a waterway that is owned by, vested in
or managed or controlled by an
Authority under the Water Act 1989 or
a licensee within the meaning of the
30 Water Industry Act 1994; or
561245B.I-3/12/2008 15 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 20
(b) any main drains, sewers, aqueducts,
channels or pipelines of that Authority
or licensee--
unless the person has first consulted with the
5 Authority or licensee and does so in
compliance with any conditions specified by
the Authority or licensee.
(4) The Authority or licensee may, by
instrument--
10 (a) consent to search for stone on the land
referred to in subsection (1); or
(b) consent to search for stone on the land
referred to in subsection (1) subject to
conditions; or
15 (c) refuse to consent to search for stone on
the land referred to in subsection (1).
(5) The Authority or licensee must not
unreasonably withhold consent.
(6) If the Authority or licensee does not, within
20 60 days after the consent under subsection
(1) being sought, consent or refuse to
consent, that consent is deemed to have been
granted.
(7) If the Authority or licensee refuses to
25 consent under subsection (1) the Authority or
licensee must, within 7 days after the
decision to refuse, give the person proposing
to carry out the search a statement in writing
of the reasons for the decision.
30 (8) A person may apply to the Tribunal for
review of a decision--
(a) by the Authority or licensee to refuse to
consent under subsection (4)(a); or
561245B.I-3/12/2008 16 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 20
(b) by the Authority or licensee to consent
subject to conditions under subsection
(4)(b); or
(c) by the Authority or licensee to specify
5 any conditions for that person to do
work at a depth of more than
0·75 metres below any land under
subsection (3).
77C Authority to search for stone for
10 Department
(1) The Minister may authorise any person to
enter upon and occupy any private land for
the purpose of the carrying on by the
Department of any survey or search for stone
15 and do anything that may be necessary for
the purpose of the survey or search.
(2) Any person authorised in writing by the
Minister in accordance with this section and
any person assisting that person or acting
20 under the orders of that person may enter and
occupy private land and do anything
mentioned in subsection (1) which is
authorised by the Minister.
(3) An authority under this section must be in
25 writing.
77D Form and content of consent
(1) A consent granted under section 77A--
(a) must describe the land in respect of
which the consent is granted; and
30 (b) must specify the stone in respect of
which it is granted; and
(c) is subject to any conditions, limitations
and restrictions that are prescribed; and
561245B.I-3/12/2008 17 BILL LA INTRODUCTION 3/12/2008
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s. 20
(d) is subject to any conditions, limitations
or restrictions that the Crown land
Minister thinks fit to impose.
(2) A consent granted under section 77A
5 remains in force, unless sooner cancelled or
suspended, for a period of 2 years from the
date the consent was granted.
77E Effect of consent under section 77A
(1) The holder of a consent under section 77A is,
10 during the currency of the consent, entitled
to carry out any surveys or other operations
that are authorised by the consent for the
purpose of searching for the stone specified
in the consent on the land in respect of which
15 the consent is granted.
(2) In carrying out any of those surveys or
operations the holder of a consent under
section 77A must proceed in an expeditious
manner without causing unnecessary damage
20 and without interfering with the existing use
of the land to a greater extent than is
necessary.
77F Power of Minister to cancel or suspend
consent etc.
25 (1) The Crown land Minister may at any time--
(a) cancel or suspend a consent under
section 77A if the holder of the consent
has contravened any provision of this
Act or any condition, limitation or
30 restriction to which the consent is
subject; or
561245B.I-3/12/2008 18 BILL LA INTRODUCTION 3/12/2008
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Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 20
(b) withdraw, from the operation of a
consent granted under section 77A,
any land which is required for any
public purpose and cancel the part of
5 the consent that relates to the land
withdrawn; or
(c) at the request of the holder of the
consent, cancel the consent either
wholly or in part.
10 (2) The holder of a consent under section 77A
may apply to the Tribunal for review of a
decision of the Crown land Minister to
cancel or suspend the consent under
subsection (1)(a) or cancel part of the
15 consent under subsection (1)(b).
Division 2--Work Plans and Extractive
Industry Work Authorities
77G Work plan
(1) A person who proposes to apply for an
20 extractive industry work authority to carry
out an extractive industry must lodge a work
plan with the Department Head.
(2) Subsection (1) does not apply to a person
who proposes to apply for an extractive
25 industry work authority to carry out an
extractive industry
(a) on land that has an area of less than
5 hectares and a depth of less than
5 metres; and
30 (b) that does not require blasting or the
clearing of native vegetation
unless the Minister declares, in writing, that
the applicant must lodge a work plan.
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(3) A work plan must--
(a) contain the prescribed information; and
(b) include a rehabilitation plan for the land
proposed to be covered by the work
5 authority; and
(c) in relation to extractive industry
activities proposed to be carried out
under the work authority, include a plan
for consulting with the community
10 prepared in accordance with the
regulations and any guidelines issued
by the Minister relating to such plans
(a community engagement plan).
(4) The Department Head must, within 1 month
15 after the work plan is lodged--
(a) approve the work plan with or without
conditions; or
(b) require the changes to the rehabilitation
plan or the work plan specified in a
20 notice to the person lodging the plan to
be made before the plan will be
approved; or
(c) refuse to approve the work plan--
and notify the person who lodged the plan.
25 77H Variation of work plan
(1) On application by the holder of an extractive
industry work authority under subsection (3)
for variation of the work plan relating to that
authority, the Department Head may, by
30 instrument served on the holder of an
extractive industry work authority, approve
the variation.
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(2) The Department Head may direct the holder
of an extractive industry work authority to
submit an application for approval of--
(a) a variation of a work plan;
5 (b) a variation or revocation of any
condition imposed on the approval of a
work plan;
(c) the imposition of new conditions on the
approval of a work plan.
10 (3) The holder of an extractive industry work
authority who
(a) proposes to vary an approved work
plan; or
(b) is directed by the Department Head
15 under subsection (2) to submit an
application
must lodge an application for approval of the
proposed variation with the Department
Head.
20 (4) An application for approval of a variation
must contain the prescribed information.
(5) The Department Head must, within 1 month
after the application for approval of a
variation is lodged--
25 (a) approve the variation with or without
conditions; or
(b) require the changes specified in a notice
to the holder of the work authority to be
made before the variation will be
30 approved; or
(c) refuse to approve the variation--
and notify the holder of the work authority.
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(6) The Department Head must not approve a
variation of a work plan unless he or she has
consulted the municipal council in whose
municipal district the land is situated.
5 (7) Once the Department Head has decided to
approve a variation the approved work plan
for the work authority is the work plan as
amended by that variation.
(8) If an application to vary the work plan
10 consists solely of the inclusion of a
community engagement plan in the work
plan the Department Head must give the
holder of the work authority a written notice
approving, or refusing to approve, or asking
15 for changes to, the variation of a work plan
within 30 days of receiving the application.
77I Extractive industry work authorities
(1) A person who proposes to carry out an
extractive industry may apply to the Minister
20 for an authority to carry out the extractive
industry.
(2) The Minister may grant or refuse to grant an
authority to a person (who has applied for
the authority) to carry out the extractive
25 industry specified in the authority on the land
specified in the authority.
(3) The Minister must not grant an authority
under subsection (2) unless he or she is
satisfied that the applicant has--
30 (a) when required under section 77G, a
work plan approved under that section;
and
(b) entered into a rehabilitation bond under
section 80; and
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(c) complied with any relevant planning
scheme and obtained any necessary
planning permit under that planning
scheme; and
5 (d) obtained all necessary consents and
other authorities required by or under
this or any other Act; and
(e) in the case of Crown land, obtained the
consent of the Crown land Minister--
10 and that the proposed extractive industry
will, if carried out in accordance with the
extractive industry work authority, comply
with any relevant planning scheme.
(4) The Crown land Minister may consent to the
15 carrying out of an extractive industry on
Crown land
(a) for an unlimited period or for a
specified period; and
(b) unconditionally or subject to any
20 specified conditions.
(5) An extractive industry work authority must
describe the land in respect of which the
work authority is granted.
(6) The grant of an extractive industry work
25 authority under this section does not confer a
right on the holder of the authority to enter
any land without the consent of the owner of
the land.
77J Conditions of extractive industry work
30 authorities
(1) The Minister may impose conditions to
which an extractive industry work authority
is to be subject, including but not limited to
conditions about--
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(a) the rehabilitation of the land to a safe,
stable and visually acceptable
condition;
(b) the time when rehabilitation work must
5 be commenced or completed;
(c) the protection of the environment;
(d) the protection of the amenity of the
area;
(e) the protection of groundwater;
10 (f) ensuring the safety of workers and the
public;
(g) the payment of royalties;
(h) the payment of fees (if any) prescribed
in the regulations.
15 (2) If, by the operation of section 77G(2), a
person carrying out an extractive industry is
not required to have a work plan, the
Minister may impose a condition requiring
compliance with a Code of Practice on the
20 extractive industry work authority for that
extractive industry operation.
77K Extractive industry work authority
holder's duty to consult with community
The holder of an extractive industry work
25 authority has a duty to consult with the
community throughout the period of the
work authority by--
(a) sharing with the community
information about any activities
30 authorised by the work authority that
may affect the community; and
(b) giving members of the community a
reasonable opportunity to express their
views about those activities.
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77L Period of extractive industry work
authority
An extractive industry work authority
remains in force for the period for which the
5 carrying out of an extractive industry is
permitted on the land under the relevant
planning scheme or a planning permit
unless--
(a) the work authority is sooner cancelled;
10 or
(b) in the case of Crown land, the Crown
land Minister's consent is revoked,
lapses or otherwise ceases to have
effect; or
15 (c) it is varied under section 77M.
77M Variation of an extractive industry work
authority
(1) The Minister may, by instrument served on
the holder of the extractive industry work
20 authority, vary the work authority, or vary,
suspend or revoke a condition of the
extractive industry work authority or add a
new condition.
(2) The Minister may act under subsection (1)--
25 (a) at the request of the holder of the work
authority; or
(b) if the Minister decides it is necessary
for the protection of the environment or
the rehabilitation or stabilisation of the
30 land to which the extractive industry
work authority applies; or
(c) if the Minister decides it is necessary
for ensuring the safety of workers or
the public.
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(3) The Minister must not act under subsection
(1) unless he or she has consulted with the
holder of the extractive industry work
authority and the municipal council in whose
5 municipal district the land is situated.
77N Transfer of an extractive industry work
authority
(1) The holder of an extractive industry work
authority may, with the consent in writing of
10 the Minister, transfer that work authority to
another person.
(2) The Minister must consent to the transfer of
an extractive industry work authority if--
(a) the person to whom the extractive
15 industry work authority is to be
transferred has entered into a
rehabilitation bond for an amount
determined by the Minister; and
(b) the Minister is satisfied that the work
20 plan relating to the extractive industry
work authority is adequate.
(3) If the Minister is not satisfied that the work
plan relating to the extractive industry work
authority is adequate, the Minister may
25 consent to the transfer of the extractive
industry work authority subject to the person
to whom the extractive industry work
authority is to be transferred being required
to submit a new work plan for approval by
30 the Department Head within the time
specified by the Minister.
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77O Cancellation of an extractive industry
work authority
(1) The Minister may cancel an extractive
industry work authority by instrument served
5 on the holder of the work authority if at the
end of 28 days the Minister is satisfied that
the holder--
(a) has not substantially complied with--
(i) this Act or the regulations; or
10 (ii) any condition to which the
authority is subject; or
(iii) a condition of a work plan under
section 77G; or
(iv) a condition on the approval of a
15 variation of a work plan under
section 77H; or
(v) any relevant planning scheme or
planning permit; or
(b) has endangered an employee or a
20 member of the public on or near land to
which the extractive industry work
authority applies; or
(c) has undertaken work on the land other
than in accordance with the work plan.
25 (2) Before cancelling an extractive industry
work authority under subsection (1), the
Minister must give the holder of the work
authority 28 days written notice of his or her
intention to cancel and, in the notice, request
30 the holder to provide reasons why the work
authority should not be cancelled.
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77P Review of certain decisions about work
plans and extractive industry authorities
(1) The holder of an extractive industry work
authority may apply to the Tribunal for
5 review of--
(a) a decision of the Department Head
under section 77G(4)(a) to approve a
work plan relating to that authority with
conditions; or
10 (b) a decision of the Department Head
under section 77H(5) to approve the
variation of a work plan relating to that
authority with conditions; or
(c) a decision of the Minister to impose a
15 condition on the extractive industry
work authority under section 77J; or
(d) a decision of the Minister to vary a
condition of the extractive industry
work authority under section 77M or
20 impose a new condition under that
section; or
(e) a decision of the Minister under
section 77N to impose a new condition
on the extractive industry work
25 authority that the Minister has
consented to be transferred to another
person under that section.
(2) The former holder of an extractive industry
work authority may apply to the Tribunal for
30 review of a decision of the Minister to cancel
the work authority under section 77O.
(3) Subsection (1) does not apply to a condition
that has been imposed on an approval of a
work plan or of a variation to a work plan
35 if--
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(a) the condition is substantially the same
as a condition of the relevant planning
scheme or a planning permit for the
carrying out of the extractive industry;
5 or
(b) a decision to impose the condition has
already been the subject of review by
the Tribunal.
Division 3--Managers
10 77Q Manager must be appointed
(1) The holder of an extractive industry work
authority must not carry out any extractive
industry unless the holder has appointed a
quarry manager or a person to manage the
15 extractive industry operation.
Penalty: 50 penalty units.
(2) A person must not operate a quarry unless
the person has appointed a quarry manager to
manage the quarry.
20 Penalty: 50 penalty units.
(3) The holder of an extractive industry work
authority or the operator of a quarry may
appoint himself or herself to be the quarry
manager or person to manage the extractive
25 industry operation.
Division 4--Planning requirements
77R Powers to amend planning scheme
(1) In addition to any other power to prepare,
adopt or approve amendments to planning
30 schemes, the Minister administering the
Planning and Environment Act 1987 may
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prepare, adopt and approve amendments to
any planning scheme to--
(a) set out policies relating to extractive
industries; or
5 (b) enable the carrying out of an extractive
industry on land with a planning
permit; or
(c) specify the Minister administering this
Act or any other person or body as a
10 referral authority for any application for
a planning permit to carry out an
extractive industry.
(2) The Planning and Environment Act 1987
(except section 12(2), Divisions 1 and 2 of
15 Part 3 and section 39(1) to (5) and any
regulations made for the purposes of those
provisions) applies to the preparation,
adoption and approval of an amendment
under subsection (1).
20 (3) Section 39(7) of the Planning and
Environment Act 1987 applies to an
amendment prepared, adopted or approved
under subsection (1) as if before "Division 1"
there were inserted "section 12(1) or".
25 (4) Section 39(8) of the Planning and
Environment Act 1987 applies to an
amendment prepared, adopted or approved
under subsection (1) as if--
(a) the expression "Except for an
30 application under this section," were
omitted; and
(b) before "Division 1" there were inserted
"section 12(1) or".
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(5) Nothing in this section prevents either House
of Parliament exercising its power under
section 38 of the Planning and
Environment Act 1987.
5 77S Land subject to a licence under Part 2
(1) A person who applies to a responsible
authority for a permit under the Planning
and Environment Act 1987 to carry out an
extractive industry in respect of land which
10 is the subject of a licence under Part 2
must--
(a) lodge a copy of the application with the
Department Head; and
(b) send a copy of the application to any
15 holder of an exploration or mining
licence under Part 2 relating to the land
or any part of the land to which the
application applies; and
(c) send a notice to any holder of an
20 exploration or mining licence referred
to in paragraph (b) seeking consent to
the carrying out of the extractive
industry--
on the same day that the applicant lodges the
25 application with the responsible authority.
(2) The applicant for an extractive industry work
authority over land in respect of which there
is a licence under Part 2 must forward to the
Minister--
30 (a) a copy of any consent to the granting of
an extractive industry work authority
that the licensee has given to the
applicant; and
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(b) if the licence is an exploration licence,
and the licensee is withholding consent
to the granting of an extractive industry
work authority, evidence that the
5 applicant has given the licensee a copy
of the application under subsection
(1)(b) and a notice seeking consent
under subsection (1)(c).
(3) If land that is the subject of an application
10 for an extractive industry work authority is
also the subject of an exploration or mining
licence under Part 2, the Minister must not
grant an extractive industry work authority
over the land unless--
15 (a) the Minister is satisfied that the licensee
has consented to the granting of an
extractive industry work authority; or
(b) if the licence is an exploration licence
and the licensee is withholding consent,
20 the Minister is satisfied that the licensee
is unreasonably withholding consent.
77T Environment Effects Statement
If under a planning scheme a permit is
required to be obtained for carrying out an
25 extractive industry on the land covered by an
extractive industry work authority in
accordance with that work authority, the
holder of the work authority is not required
to obtain a permit if--
30 (a) an Environment Effects Statement has
been prepared under the Environment
Effects Act 1978 on the work proposed
to be done under the work authority;
and
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(b) an assessment of that Statement by the
Minister administering the
Environment Effects Act 1978 has
been submitted to the Minister; and
5 (c) the work authority was granted by the
Minister following the Minister's
consideration of that assessment.
__________________
PART 7REHABILITATION
77U Definitions
10 In this Part--
auditor means an environmental auditor
appointed under section 53S of the
Environment Protection Act 1970;
authority means
15 (a) an exploration licence under
Part 2; or
(b) a mining licence under Part 2; or
(b) an extractive industry work
authority;
20 authority holder means the holder of an
authority.".
21 New section 78A inserted
After section 78 of the Principal Act insert--
"78A Holder of extractive industry work
25 authority must rehabilitate land
(1) The holder of an extractive industry work
authority must rehabilitate land in
accordance with the rehabilitation plan
approved by the Department Head.
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(2) The holder of an extractive industry work
authority must rehabilitate land in
accordance with the conditions in the
authority.".
5 22 Rehabilitation plan
(1) In section 79(a)(iv) of the Principal Act, after
"mining licence" insert "or extractive industry
work authority".
(2) For section 79(b) of the Principal Act
10 substitute--
"(b) be prepared by--
(i) the applicant for the extractive industry
work authority after consultation with
the owner of the land, if the land is
15 private land; or
(ii) the licensee after consultation with the
owner of the land, if the land is private
land and the licence is a mining
licence.".
20 23 Rehabilitation liability assessment
(1) In section 79A(1) of the Principal Act--
(a) for "a licensee" substitute "an authority
holder";
(b) for "the licensee's" substitute "the authority
25 holder's";
(c) for "the licensee" substitute "the authority
holder".
(2) In section 79A(2)(b) of the Principal Act, after
"section 78" insert "or 78A (as the case may be)".
30 (3) In section 79A(3) of the Principal Act, for
"a licensee" substitute "an authority holder".
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24 Rehabilitation bond
(1) In section 80(1) of the Principal Act, after
"A licensee" insert "or an applicant for an
extractive industry work authority".
5 (2) After section 80(2) of the Principal Act insert--
"(2A) If the land that is proposed to be covered by
an extractive industry work authority is
private land, the Minister must, before
determining the amount of a rehabilitation
10 bond, consult with the council in whose
municipal district the land is situated.".
(3) In section 80(3) of the Principal Act--
(a) for "the licensee" substitute "the authority
holder";
15 (b) after "section 78" insert "or 78A".
(4) In section 80(4) of the Principal Act
(a) for "a licensee" substitute "an authority
holder";
(b) for "the licensee" (where twice occurring)
20 substitute "the authority holder".
(5) In section 80(5) of the Principal Act, for
"the licensee" (wherever occurring) substitute
"the authority holder".
(6) In section 80(6) of the Principal Act, for
25 "the licensee" substitute "the authority holder".
25 Rehabilitation
(1) In section 81 of the Principal Act--
(a) in subsection (1)--
(i) for "licensee" substitute "authority
30 holder";
(ii) for "licence" (wherever occurring)
substitute "authority";
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(b) in subsection (2)--
(i) for "licence" (wherever occurring)
substitute "authority";
(ii) for "licensee" substitute "authority
5 holder".
(2) For section 81(3) of the Principal Act
substitute--
"(3) While the rehabilitation is being completed,
a former authority holder must continue the
10 appointment of
(a) in the case of a former licensee, a
manager to control and manage the
former licence worksite; and
(b) in the case of a former extractive
15 industry work authority holder, a quarry
manager or person to manage the site
where the extractive industry operation
was carried out.
Penalty: 20 penalty units.".
20 26 Certification that land has been rehabilitated
In section 81A(1) of the Principal Act
(a) for "a licensee" substitute "an authority
holder"; and
(b) for "licensee" (where secondly occurring)
25 substitute "authority holder".
27 Return of bond if rehabilitation satisfactory
In section 82 of the Principal Act--
(a) in subsection (1) for "licensee" (where twice
occurring) substitute "authority holder";
30 (b) in subsection (1)(a), after "section 78" insert
"or 78A (as the case may be)";
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(c) in subsection (2), after "mining licence"
insert "or the holder or former holder of an
extractive industry work authority";
(d) in subsection (3), for "licensee" (where twice
5 occurring) substitute "authority holder".
28 Minister may carry out rehabilitation
In section 83 of the Principal Act--
(a) in subsection (1)(a), after "section 78" insert
"or 78A (as the case may be)";
10 (b) in subsection (3), for "licensee" (wherever
occurring) substitute "authority holder";
(c) in subsection (5), for "licensee" (where twice
occurring) substitute "authority holder";
(d) in subsection (6) for "licence" substitute
15 "authorised".
29 New Division 1 heading and section 84A inserted
into Part 8
Before section 85 of the Principal Act insert
"Division 1General
20 84A Application of this Division
This Division does not apply in any
circumstances in which Division 2 applies.".
30 What compensation is payable for
After section 85(2) of the Principal Act insert--
25 "(2A) The holder of an extractive industry work
authority is entitled to compensation under
this section only for the deprivation of
possession of the whole or any part of the
surface of the land and for the loss of
30 opportunity to extract stone from the whole
or any part of the land.".
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31 New Division 2 of Part 8 inserted
After section 89 of the Principal Act insert--
"Division 2Extractive industries search
authorities
5 89AA Compensationsearch authorities
(1) Compensation is payable by the Crown to
the owner or occupier of any land in respect
of which an authority is granted under
section 77C (a search authority) for damage
10 that has been or will be sustained by the
owner or occupier to crops or improvements,
including permanent artificial water supply,
by reason of any operation that has been or
will be carried out on that land under the
15 search authority.
(2) The holder of a search authority must not
commence any surveys or operations on any
land unless the Crown has paid or tendered
to the owner and to the occupier of the land
20 the amount of compensation (if any) in each
case that is--
(a) agreed on by the Crown and the owner
or occupier (as the case may be); or
(b) in default of agreement, determined by
25 the Magistrates' Court in accordance
with subsection (6).
(3) The Crown may treat and agree with the
owner or occupier with respect to the amount
of compensation to be paid.
30 (4) An agreement is not valid unless it is in
writing signed by the parties and a copy is
lodged with the Secretary.
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(5) At least 28 days before the holder of a search
authority commences to search for stone on
any land he or she must notify the owner of
the land or the owner and the occupier of his
5 or her intention to do so.
(6) If within 21 days after notice of intention to
commence to search for stone on any land
has been given the parties have not agreed
upon the compensation to be paid the amount
10 may upon the application of either party be
determined by the Magistrates' Court.
89AB Measure of compensation payable under
section 89AA
Compensation payable under section 89AA
15 is compensation for--
(a) deprivation of the possession of the
surface of the land or any part of the
surface; and
(b) damage to the surface of any land and
20 to any improvements on the land which
has been caused by or may arise from
the carrying on of any operation under
the search authority on the land in
respect of which the search authority
25 was granted; and
(c) all consequential damage to the land.".
32 Section 89G substituted
For section 89G of the Principal Act substitute
"89G Code of Practice
30 (1) Subject to subsection (2), a person is not
liable to any civil or criminal proceedings
merely because the person has failed to
observe any provision of a Code of Practice.
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(2) Subjection (1) does not apply to the holder of
an extractive industry work authority that is
subject to a condition of compliance with a
Code of Practice under section 77J(2).".
5 33 Employment of inspectors
(1) In section 90(1) of the Principal Act
(a) in paragraph (a), for "Director of Mines"
substitute "Chief Inspector";
(b) in paragraph (b), omit "of mines".
10 (2) In section 90(3) of the Principal Act, for "Director
of Mines" substitute "Chief Inspector".
34 Delegation by Director of Mines
(1) Insert the following heading to section 91 of the
Principal Act--
15 "Delegation by Chief Inspector".
(2) In section 91 of the Principal Act, for "Director of
Mines" (where twice occurring) substitute "Chief
Inspector".
35 Section 106 substituted
20 For section 106 of the Principal Act substitute--
"106 Infringements
(1) An inspector who has reason to believe that a
person has committed an offence against this
Act or the regulations that is prescribed for
25 the purposes of this Part may serve on that
person an infringement notice.
(2) An offence referred to in subsection (1) for
which an infringement notice may be served
is an infringement offence within the
30 meaning of the Infringements Act 2006.
561245B.I-3/12/2008 40 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 36
(3) The infringement penalty for the purposes of
this section in respect of an offence referred
to in subsection (1) is the penalty prescribed
in respect of that offence.".
5 36 Order to cease work etc.
(1) In section 110(1)(c) of the Principal Act, after
"former licensee" insert "or former holder of an
extractive industry work authority".
(2) For section 110(6) of the Principal Act
10 substitute--
"(6) For the purposes of this section--
(a) in the case of a mining licence, service
of a notice on the manager appointed to
control and manage the licence
15 worksites is deemed to be service of the
notice on the licensee; and
(b) in the case of an extractive industry
work authority, service of a notice on
the quarry manager or person appointed
20 to manage the extractive industry
operation is deemed to be service on
the holder of the work authority.".
(3) In section 110(7) of the Principal Act, after
"licence," insert "an extractive industry work
25 authority,".
(4) In section 110(8) of the Principal Act, after
"former licensee" insert "or former holder of an
extractive industry work authority".
37 Pecuniary interests
30 In section 118(1) of the Principal Act--
(a) in paragraph (c), for "Director of Mines"
substitute "Chief Inspector";
(b) in paragraph (d), omit "of mines".
561245B.I-3/12/2008 41 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 38
38 Regulations
(1) After section 124(1)(b) of the Principal Act
insert--
"(ba) applications for an extractive industry work
5 authority and variation of an extractive
industry work authority; and".
(2) In section 124(1)(qb) of the Principal Act, after
"licence" insert "or an extractive industry work
authority".
10 39 New section 136 inserted
After section 135 of the Principal Act insert--
"136 Saving and transitional provisions--2008
amendments
Schedule 7 has effect.".
15 40 New Schedule 7 inserted
After Schedule 6 to the Principal Act insert--
"__________________
SCHEDULE 7
SAVING AND TRANSITIONAL PROVISIONS
ARISING FROM THE RESOURCES INDUSTRY
20 LEGISLATION AMENDMENT ACT 2008
1 Definitions
In this Schedule--
amending Act means the Resources
Industry Legislation Amendment Act
25 2008;
old Act means the Extractive Industries
Development Act 1995 as in force
before its repeal.
561245B.I-3/12/2008 42 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 40
2 Work authorities granted under the old
Act to continue
Despite the repeal of the old Act, a work
authority granted under that Act and in force
5 immediately before the repeal of the old Act,
continues in force as if it were an extractive
industry work authority granted under this
Act.
3 Variation of work plans
10 (1) If the holder of a work authority, that is
continued in operation under clause 2, made
an application under section 18 of the old
Act to vary the work plan relating to that
work authority and that application has not
15 been determined before the commencement
of the amending Act, the application must be
determined in accordance with this Act.
(2) Despite anything to the contrary in this Act,
the holder of a work authority granted under
20 the old Act and continued in operation under
clause 2 must not make an application to
vary the work plan relating to that authority
if the extractive industry
(a) is carried out on land that has an area of
25 less than 5 hectares and a depth of less
than 5 metres; and
(b) does not require blasting or the clearing
of native vegetation.
(3) The holder of a work authority to which
30 subclause (2) applies may apply, in writing,
to the Minister for a determination of the
Minister that the holder is not required to
comply with the work plan relating to that
authority.
561245B.I-3/12/2008 43 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 40
(4) If the holder of a work authority makes an
application under subclause (3), the
Minister
(a) may determine that the holder is not
5 required to comply with the work plan
relating to that authority; and
(b) may impose a condition on that
authority requiring compliance with a
Code of Practice.
10 4 Chief Inspector of quarries
On the commencement of the amending Act
the person who was, immediately before the
commencement of that Act, the Chief
Inspector of Quarries within the meaning of
15 the old Act
(a) is deemed to be the Chief Inspector
within the meaning of this Act; and
(b) is deemed to be substituted as a party to
any proceedings pending in any court to
20 which the Chief Inspector of Quarries
was a party immediately before the
repeal of the old Act.
5 Inspectors of quarries
On the commencement of the amending Act
25 a person who was, immediately before the
commencement of that Act, an inspector
within the meaning of the old Act
(a) is deemed to be an inspector within the
meaning of this Act; and
561245B.I-3/12/2008 44 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 2--Mineral Resources (Sustainable Development) Act 1990
s. 40
(b) is deemed to be substituted as a party to
any proceedings pending in any court to
which that inspector was a party
immediately before the repeal of the old
5 Act.".
__________________
561245B.I-3/12/2008 45 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 3Extractive Industries Development Act 1995
s. 41
PART 3EXTRACTIVE INDUSTRIES DEVELOPMENT
ACT 1995
41 Repeal of the Extractive Industries Development
Act 1995
5 See: The Extractive Industries Development Act
Act No.
67/1995. 1995 is repealed.
Reprint No. 3
as at
16 March
2006
and
amending
Act Nos
16/2006,
32/2006 and
63/2006.
LawToday:
www.
legislation.
vic.gov.au
__________________
561245B.I-3/12/2008 46 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 4Consequential Amendments to Other Acts
s. 42
PART 4CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS
42 Aboriginal Heritage Act 2006
(1) In section 50 of the Aboriginal Heritage Act
5 2006, in the definition of earth resource
authorisation, for paragraph (b) substitute
"(b) an extractive industry work authority granted
under section 77I of the Mineral Resources
(Sustainable Development) Act 1990;".
10 (2) In section 50 of the Aboriginal Heritage Act
2006, in the definition of earth resource law,
paragraph (b) is repealed.
43 Aboriginal Land (Manatunga Land) Act 1992
In section 3(2)(b) of the Aboriginal Land
15 (Manatunga Land) Act 1992, for ", the
Petroleum Act 1998 or the Extractive Industries
Development Act 1995" substitute "or the
Petroleum Act 1998".
44 Aboriginal Land (Northcote Land) Act 1989
20 In section 5(4) of the Aboriginal Land
(Northcote Land) Act 1989, omit "or the
Extractive Industries Development Act 1995".
45 Aboriginal Lands (Aborigines' Advancement
League) (Watt Street, Northcote) Act 1982
25 In section 3(4) of the Aboriginal Lands
(Aborigines' Advancement League) (Watt
Street, Northcote) Act 1982, omit ", the
Extractive Industries Development Act 1995".
561245B.I-3/12/2008 47 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 4Consequential Amendments to Other Acts
s. 46
46 Catchment and Land Protection Act 1994
(1) In section 33(4)(b) of the Catchment and Land
Protection Act 1994, for "Extractive Industries
Development Act 1995" substitute "Mineral
5 Resources (Sustainable Development) Act
1990".
(2) In section 33(4)(c) of the Catchment and Land
Protection Act 1994, for ", the Petroleum Act
1998 or the Extractive Industries Development
10 Act 1995" substitute "or the Petroleum Act
1998".
(3) In section 50(c) of the Catchment and Land
Protection Act 1994, for ", the Mineral
Resources (Sustainable Development) Act 1990
15 or the Extractive Industries Development Act
1995" substitute "or the Mineral Resources
(Sustainable Development) Act 1990".
(4) In section 93(1) of the Catchment and Land
Protection Act 1994, omit "the Extractive
20 Industries Development Act 1995,".
47 Conservation, Forests and Lands Act 1987
In section 66(2)(a) of the Conservation, Forests
and Lands Act 1987, for "Extractive Industries
Development Act 1995" substitute "Mineral
25 Resources (Sustainable Development) Act
1990".
48 Crown Land (Reserves) Act 1978
In section 13(1)(b)(xi) of the Crown Land
(Reserves) Act 1978, for "Extractive Industries
30 Development Act 1995" substitute "Mineral
Resources (Sustainable Development) Act
1990".
561245B.I-3/12/2008 48 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 4Consequential Amendments to Other Acts
s. 49
49 Dangerous Goods Act 1985
(1) In section 10B(2)(b) of the Dangerous Goods Act
1985, omit "the Extractive Industries
Development Act 1995,".
5 (2) For section 10B(3)(b) of the Dangerous Goods
Act 1985 substitute
"(b) the Chief Inspector under the Mineral
Resources (Sustainable Development) Act
1990.".
10 (3) In section 11(2)(a) of the Dangerous Goods Act
1985, omit "the Extractive Industries
Development Act 1995,".
(4) In section 37(4) of the Dangerous Goods Act
1985, for "or the Mineral Resources
15 (Sustainable Development) Act 1990 or the
holder of a work authority under the Extractive
Industries Development Act 1995" substitute
"or the holder of a licence or an extractive
industry work authority under the Mineral
20 Resources (Sustainable Development) Act
1990".
50 EastLink Project Act 2004
Section 131(2) of the EastLink Project Act 2004
is repealed.
25 51 Flora and Fauna Guarantee Act 1988
Section 37(c) of the Flora and Fauna Guarantee
Act 1988 is repealed.
52 Forests Act 1958
In section 42(6) of the Forests Act 1958, for
30 "Extractive Industries Development Act 1995"
substitute "Mineral Resources (Sustainable
Development) Act 1990".
561245B.I-3/12/2008 49 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 4Consequential Amendments to Other Acts
s. 53
53 Melbourne City Link Act 1995
(1) In section 20F(1) of the Melbourne City Link
Act 1995, in the definition of excluded Act,
paragraph (c) is repealed.
5 (2) Section 41(2) of the Melbourne City Link Act
1995 is repealed.
(3) In section 64(1) of the Melbourne City Link Act
1995, in the definition of excluded Act,
paragraph (d) is repealed.
10 54 National Parks Act 1975
(1) In section 40(1) of the National Parks Act 1975,
omit "or the Extractive Industries Development
Act 1995".
(2) In section 40(1AA)(c) of the National Parks Act
15 1975, omit "or the Extractive Industries
Development Act 1995".
(3) In section 40(1AA)(e) of the National Parks Act
1975, for "a work authority under the Extractive
Industries Development Act 1995" substitute
20 "an extractive industry work authority under the
Mineral Resources (Sustainable Development)
Act 1990".
(4) In section 40(1AAA) of the National Parks Act
1975, for "a work authority under section 19 of
25 the Extractive Industries Development Act
1995" substitute "an extractive industry work
authority under section 77I of the Mineral
Resources (Sustainable Development) Act
1990".
30 (5) In section 40(1AC) of the National Parks Act
1975, for "a work authority granted under the
Extractive Industries Development Act 1995"
substitute "an extractive industry work authority
granted under the Mineral Resources
35 (Sustainable Development) Act 1990".
561245B.I-3/12/2008 50 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 4Consequential Amendments to Other Acts
s. 55
(6) In section 40(1A) of the National Parks Act
1975, omit "or Extractive Industries
Development Act 1995".
55 Nuclear Activities (Prohibitions) Act 1983
5 In section 2 of the Nuclear Activities
(Prohibitions) Act 1983, in the definition of
mining title, omit "the Extractive Industries
Development Act 1995,".
56 Occupational Health and Safety Act 2004
10 In section 95(1)(b) of the Occupational Health
and Safety Act 2004, omit ", the Extractive
Industries Development Act 1995".
57 Victorian Civil and Administrative Tribunal
Act 1998
15 (1) In section 52(4) of the Victorian Civil and
Administrative Tribunal Act 1998, in the
definition of planning enactment, for
paragraph (c) substitute
"(c) the provisions of the Mineral Resources
20 (Sustainable Development) Act 1990
relating to extractive industries;".
(2) In clause 2 of Schedule 1 to the Victorian Civil
and Administrative Tribunal Act 1998, in the
definition of planning enactment, for
25 paragraph (c) substitute
"(c) the provisions of the Mineral Resources
(Sustainable Development) Act 1990
relating to extractive industries;".
561245B.I-3/12/2008 51 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 4Consequential Amendments to Other Acts
s. 58
58 Victorian Plantations Corporation Act 1993
(1) In section 3 of the Victorian Plantations
Corporation Act 1993, in paragraph (c) of the
definition of forest produce, for "Extractive
5 Industries Development Act 1995" substitute
"Mineral Resources (Sustainable Development)
Act 1990".
(2) In section 9(2)(b) of the Victorian Plantations
Corporation Act 1993, omit "the Extractive
10 Industries Development Act 1995,".
(3) In section 26(1) of the Victorian Plantations
Corporation Act 1993, for ", the Petroleum Act
1998 or the Extractive Industries Development
Act 1995" substitute "or the Petroleum Act
15 1998".
__________________
561245B.I-3/12/2008 52 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Part 5Repeal of Amending Act
s. 59
PART 5REPEAL OF AMENDING ACT
59 Repeal of amending Act
This Act is repealed on 1 January 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561245B.I-3/12/2008 53 BILL LA INTRODUCTION 3/12/2008
Resources Industry Legislation Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561245B.I-3/12/2008 54 BILL LA INTRODUCTION 3/12/2008
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