Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 48

Order to cease work, etc.

48. Order to cease work, etc.



(1) The Minister may, in the circumstances referred to in subsection (2), by
notice served on the holder of a work authority or the manager of the place
where the extractive industry is being carried out under the work authority-

   (a)  require the taking within a specified period of any action necessary
        to remedy the contravention or non-compliance; or

   (b)  prohibit the doing of any work or any class of work in the quarry or
        place or any part of the quarry or place for a specified period or
        until the occurrence of a specified event.

(2) Subsection (1) applies if the Minister is satisfied that the holder of the
work authority-

   (a)  has contravened this Act or the regulations; or

   (b)  has not complied with any condition to which the work authority is
        subject; or

   (c)  has not complied with any relevant planning scheme or any planning
        permit.

(3) The holder of the work authority and the manager of the place where the
extractive industry is being carried out under the work authority must comply
with a notice under subsection (1).

Penalty: 200 penalty units.

(4) A person whose interests are affected by a decision of the Minister to
serve a notice under subsection (1) may apply to the Tribunal for review of
the decision.

(4A) An application for review must be made within 28 days after the later of-

   (a)  the day on which the notice is served;

   (b)  if, under the Victorian Civil and Administrative Tribunal Act 1998,
        the person requests a statement of reasons for the decision to serve
        the notice, the day on which the statement of reasons is given to the
        person or the person is informed under section 46(5) of that Act that
        a statement of reasons will not be given.

(5) The Minister may, by notice served on the holder of the work authority or
the manager of the place where the extractive industry is being carried out
under the work authority, cancel a notice under subsection (1).