Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 33

Rehabilitation bond

33. Rehabilitation bond



(1) The applicant for a work authority must enter into a rehabilitation bond
for an amount determined by the Minister.

(2) The condition of a rehabilitation bond is that the holder of the work
authority rehabilitates the land as required by section 31 to the satisfaction
of the Minister.



* * * * *



(3) The Minister may, at any time after a rehabilitation bond is entered into
and after consultation with the holder of the work authority by notice served
on the holder of the work authority, require the holder of the work authority
to enter into a further rehabilitation bond for an amount determined by the
Minister if he or she is of the opinion that the amount of the bond already
entered into is insufficient.

(4) The Minister must, before determining the amount of a rehabilitation bond
under subsection (1) or any further rehabilitation bond under subsection (3)-



* * * * *



   (b)  if the land is private land, consult with the council in whose
        municipal district the land is situated.





(5) The Minister may serve on a holder of the work authority who has not
complied with a requirement under subsection (3), within 1 month after service
of notice of the requirement, a notice prohibiting the holder of the work
authority from carrying out any work until the holder of the work authority
has entered into the further rehabilitation bond.

(6) The holder of the work authority must comply with a notice under
subsection (5).

Penalty: 200 penalty units.

(7) The Minister may enter into a single rehabilitation bond with a person
applying for a work authority who holds or, if the application is successful,
will hold 2 or more work authorities dealing with separate areas of land.

(8) The Minister may, at the request of the holder of 2 or more work
authorities-

   (a)  return the rehabilitation bonds which relate to those work
        authorities; and

   (b)  enter into a single rehabilitation bond dealing with the separate
        areas of land to which those work authorities relate.

(9) The Minister must not enter into a single rehabilitation bond over land
the subject of 2 or more work authorities if any of that land is Crown land
unless the Ministers administering the
Conservation, Forests and Lands Act 1987 have consented to the entering into
of such a bond.