Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SCHEDULE 2

SAVINGS AND TRANSITIONALS
	1.    (1)	A licence, lease or extraction permit under the Extractive Industries Act 1966 that is in force immediately before the commencement of section 57 has effect, subject to this clause, as if it were a work authority under this Act subject to the same covenants, conditions, restrictions, limitations, reservations, exceptions or other provisions that applied immediately before that commencement except that it will continue to have effect for such period that the lessee, licensee or permittee complies with a relevant planning scheme or a planning permit and for such period as the owner of the land consents to the carrying out of the extractive industry.


(2) Despite any provision in the Planning and Environment Act 1987 or any
planning scheme if-

   (a)  a lease, licence or extraction permit referred to in subclause (1)
        ceases to have effect because the planning permit for the extractive
        industry specified a period in which the extractive industry must be
        completed and that period has elapsed; and

   (b)  an application for a new permit or a variation to the permit has been
        lodged with the responsible authority at least 6 months before the end
        of the period referred to in paragraph (a)- the planning permit is
        deemed to remain in force for 12 months after the end of the period
        referred to in paragraph (a) or for any longer period that is
        determined by the Minister administering the
        Planning and Environment Act 1987.

(3) An application for the grant, issue or renewal of a licence, lease or
extraction permit under the Extractive Industries Act 1966 made before the
commencement of section 57 and not determined at that commencement has effect
as if it were an application for a work authority under this Act except that
section 26 does not apply.

(4) A licence, lease or extraction permit under the Extractive Industries Act
1966 referred to in subclause (1) continues in operation as if it were a work
authority until the determination of an application for its renewal that, by
virtue of subclause (3), has effect as an application for a work authority.

(5) An application for a variation of a lease or licence or a covenant or
condition to which a lease is subject or a condition to which a licence is
subject made before the commencement of section 57 and not determined at that
commencement must be treated as though it were a request for a variation of a
work authority made under section 22 at the request of the holder.
	2.    (1)	A permit to search for stone on Crown land under the Extractive Industries Act 1966 that is in force immediately before the commencement of section 57 has effect as though it were a search permit granted under section 11.


(2) An application for the grant of a permit to search for stone on Crown land
under the Extractive Industries Act 1966 made before the commencement of
section 57 and not determined at that commencement must be treated as if it
were an application for a search permit under section 11.
	3.    (1)	The person nominated under section 18(1)(a) of the Extractive Industries Act 1966 to perform the duties of the Chief Inspector of Quarries immediately before the commencement of section 41 of this Act holds office as Chief Inspector of Quarries under and subject to this Act and the Public Sector Management and Employment Act 1998 on and from that commencement without any further appointment.


(2) A person nominated under section 18(1)(b) of the Extractive Industries Act
1966 to perform the duties of an inspector of quarries immediately before the
commencement of section 41 of this Act holds office as an inspector of
quarries under and subject to this Act and the Public Sector Management and
Employment Act 1998 on and from that commencement without any further
appointment.
4. A person who-

   (a)  immediately before the commencement of section 57 was carrying out an
        extractive industry and was not at that date required to hold a lease
        or licence referred to in clause 1(1); and

   (b)  is on that commencement required to hold a work authority granted
        under section 19- is deemed on that commencement to hold a work
        authority granted under section 19-

   (c)  in the case where the person was required to hold a lease, licence
        permit or authority for carrying out an extractive industry issued
        under any Act administered by the Ministers administering the
        Conservation, Forests and Lands Act 1987, for 12 months after that
        lease, licence, permit or authority is cancelled, expires or otherwise
        ceases to have effect; and

   (d)  in any other case, until 12 months after that commencement- and
        section 26 does not apply to that person if the person applies for a
        work authority before the end of that 12 month period.
	5.    (1)	A person who holds a certificate of competency to manage or supervise and control the working of quarries issued by the Extractive Industries Board under the Extractive Industries Act 1966 which was in force immediately before the commencement of section 57 is deemed to hold a quarry manager's certificate granted under section 39.


(2) An application for a certificate of competency referred to in subclause
(1) made before the commencement of section 57 and not determined at that
commencement has effect as though it were an application to the Secretary
under section 39.
	6.    (1)	Divisions 3 and 4 of Part 4 and Parts 5 and 6 of the Extractive Industries Regulations 1989, as in force immediately before the commencement of section 56, continue in force as if made as regulations under section 56 and may be amended or revoked by regulations made under section 56.


(2) Section 5 of the Subordinate Legislation Act 1994 continues to apply to
those regulations as being made on 29 August 1989.
7. A person, who immediately before the commencement of section 60(1), has
obtained the authority of the Minister under section 17B of the Extractive
Industries Act 1966 to mine and sell any mineral is deemed to hold a mining
licence and an authority to commence work under the Mineral Resources
Development Act 1990 and that licence and authority continue in force subject
to that Act for such period as the authority under section 17B was granted.
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