Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 56

Regulations

56. Regulations



(1) The Governor in Council may make regulations for or with respect to-

   (a)  the rate or method of assessment, and the times of payment, of
        royalties;

   (b)  any procedures for an inquiry under Part 4;

   (c)  the health and safety of members of the public in relation to
        quarrying or work done under a work authority;



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   (f)  the use of electricity in quarries;

   (g)  requiring the payment of fees for anything done under this Act or the
        regulations and prescribing those fees;

   (h)  requiring that any information required by the Act or the regulations
        be in the form of, or be supported by, a statutory declaration;

        (i)    generally, any other matter or thing required or permitted by
               this Act to be prescribed or necessary to be prescribed to give
               effect to this Act.

(2) A power conferred by this Act to make regulations may be exercised-

   (a)  either in relation to all cases to which the power extends, or in
        relation to all those cases subject to specified exceptions, or in
        relation to any specified case or class of case; and

   (b)  so as to make, with respect to the cases in relation to which the
        power is exercised-

   (i)  the same provision for all cases in relation to which the power is
        exercised, or different provisions for different cases or classes of
        case, or different provisions for the same case or class of case for
        different purposes; or

   (ii) any such provision either unconditionally or subject to any specified
        condition.

(3) Regulations made under this Act may be made-

   (a)  so as to apply-

   (i)  at all times or at a specified time; or

   (ii) throughout the whole of the State or in a specified part of the State;
        or

   (iii) as specified in both subparagraphs (i) and (ii); and

   (b)  so as to require a matter affected by the regulations to be-

   (i)  in accordance with a specified standard or specified requirement; or

   (ii) approved by or to the satisfaction of a specified person or a
        specified class of persons; or

   (iii) as specified in both subparagraphs (i) and (ii); and

   (c)  so as to apply, adopt or incorporate (with or without modification)
        any matter contained in any document as at the time the regulations
        are made or at any time before then; and

   (d)  so as to confer a discretionary authority or impose a duty on a
        specified person or a specified class of persons; and

   (e)  so as to provide in a specified case or class of case for the
        exemption of persons or things or a class of persons or things from
        any of the provisions of the regulations, whether unconditionally or
        on specified conditions and either wholly or to such an extent as is
        specified; and

   (f)  so as to impose a penalty not exceeding 20 penalty units for a
        contravention of the regulations and, in the case of a contravention
        of a continuing nature, a further penalty not exceeding 5 penalty
        units for each day during which the contravention continues after
        conviction.

(4) Regulations made under subsection (1)(c) must not be inconsistent with any
provision of the Dangerous Goods Act 1985 or the regulations made under that
Act and any regulation made under that subsection that is so inconsistent is,
to the extent of the inconsistency, of no effect.







(5) Despite subsection (3)(f), regulations made for the purposes of subsection
(1)(c), (d), (e) or (f) may be made so as to impose a penalty not exceeding
100 penalty units for a contravention of those regulations and, in the case of
a contravention of a continuing nature, a further penalty not exceeding 40
penalty units for each day during which the contravention continues after
conviction.

(6) The regulations are subject to disallowance by a House of the Parliament.

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