MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990

Victorian Consolidated Legislation

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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990

No. 92 of 1990
Version incorporating amendments as at 9 November 2008

TABLE OF PROVISIONS

Section Page

PART 1-INTRODUCTION

1. Purpose
2. Objectives
2A. Principles of sustainable development
3. Commencement
4. Definitions
5. Act to bind the Crown
5A. Interaction of this Act with native title legislation
6. Land not available for exploration, mining and searching
6A. Extent of application of licences and authorities under this
Act to Deep Lead Nature Conservation Reserve (No. 2)
7. Minister may exempt land from exploration or mining licence
7A. Minister may declare meaning of graticular section
7B. Ministers may declare low impact exploration activity
8. Offence to search for minerals or do work without authority
8A. Aerial surveys permitted without licence
9. Ownership of minerals
10. Tailings
11. Transfer of property in minerals
12. Royalties
12A. Royalties for lignite

PART 2-EXPLORATION LICENCES AND MINING
LICENCES

Division 1-General licence provisions

13. Exploration licences
14. Mining licences
14A. Licence may be limited to stratum of land?

Division 2-Licence process

14AB. Application of this Division
15. Application for a licence
16. Repealed
17. Application not transferable
18. Notice of applications with priority
19. Withdrawal of application
20-22. Repealed
23. Priority of applications
24. Objections to licence
25. Grant or refusal of licence
25A. Waiver of exploration licence holder's consent
26. Grant of licence

Division 3-Licence process for direct allocation of licences
relating to coal
Subdivision 1-General

26AA. Definition
26AB. Licence applications under Division to be in respect of
exempted land
Subdivision 2-Licences granted by the Minister
26AC. Who may apply for a licence under this Subdivision?
26AD. Application procedure
26AE. Application of Act to licence application
26AF. Grant or refusal of licence
26AG. Revocation of exemption over licence land
26AH. Minister must publish notice
26AI. Application of Act to licence
Subdivision 3-Licences granted by the Governor in Council
26AJ. Application procedure
26AK. Notification and advertising requirements
26AL. Application of Act to licence application
26AM. Grant or refusal of licence
26AN. Minister must publish reasons for refusal to grant licence
26AO. Revocation of exemption over licence land
26AP. Minister must publish notice
26AQ. Application of Act to licence

Division 4-Requirements if agricultural land covered by
mining licence

26A. Statement of economic significance if agricultural land
covered by licence
26B. Excision of agricultural land from a licence
26C. Notice of excision dispute
26D. Resolution of excision disputes
26E. Offence to divulge details of a statement of economic significance

Division 5-Tenders for licences

27. Tendering process
27A. Acceptance of tender
27B. Advertising and notice requirements
27C. Consultation and notification requirements
27D. Application of provisions to tenders
27E. Minister may not accept any tenders
28. Repealed

Division 6-Renewals of licences

29. Application for renewal of licence
30. Repealed
31. Minister may renew or refuse to renew a licence
32. Period of renewal

Division 7-Changes to licences

33. Transfer of licence
33A. Transfer of land from one mining licence to another
33B. Mining licence may be split and transferred
34. Variation of licence
35. Combined conditions
36. Amalgamation of licences
36A. Expedited procedure for replacement of invalidated title

Division 8-Surrender and cancellation of licences

37. Surrender of licence
38. Cancellation of licence
38A. Decrease in area under exploration licence

PART 3-WORK UNDER A LICENCE

38AA. Boundaries of licence area must be surveyed and marked
out
38AB. Authority to enter land
38AC. Offence not to show authority
38AD. Security
38AE. Insurance
39. Work must be approved
39A. Licensee's duty to consult with community
40. Work plan
41. Variation of work plan on application of a licensee
41AA. Department Head may direct variation of work plan
41A. Minister may require impact statement
42. Commencement of work under mining licence
42A. Planning permits not required for some work variations
43. Commencement of work under exploration licence
43A. Effect of contraventions
43B. Certain consents etc. not required in case of unrestricted
Crown land
44. Particular consents etc. required
45. Prohibition of work near dwellings and certain places and
sites
45A. Certain exploration and mining work complies with
section 45.
46. Minister may authorise work near dwelling house
47. New consent or authorisation for certain work plan
variations
47A. Management of worksites

PART 4-MINING AND ENVIRONMENT ADVISORY COMMITTEE

48. Establishment of the Committee
49. Functions of the Committee
50. Members of the Committee
51. Terms and conditions of office of member
52. Chairperson and deputy chairperson
53. Meetings of the Committee
54. Validity of acts or decisions of the Committee

PART 4A-ADVISORY PANELS

Division 1-Appointment of panels

54A. Appointment of advisory panels
54B. Composition of panel
54C. Chairperson
54D. Terms of reference
54E. Terms and conditions of appointment

Division 2-Procedure of panels

54F. Procedure of panel
54G. Directions about hearings
54H. Hearings to be in public
54I. Procedure for hearing submissions
54J. Adjournment of hearings
54K. Panel may regulate its own proceedings
54L. Panel may take into account any relevant matter
54M. Report of panel

PART 5-OTHER AUTHORITIES

Division 1-Miner's rights

55. Miner's right
56. Who may grant a miner's right
57. Grant of miner's right
58. Obligations of holder

Division 2-Tourist fossicking authorities

59. Tourist fossicking authority
60. Application for tourist fossicking authority
61. Grant or refusal of tourist fossicking authority
62. Obligations of holder

Division 3-Tourist mine authorities

63. Offence to operate tourist mine without authority
64. Application for tourist mine authority
65. Grant or refusal of tourist mine authority
66. Obligations of holder
67. Commencing activity in a tourist mine

PART 6-MINING REGISTER

68. Repealed
69. Functions of Department Head regarding mining register
70. Effect of registration
71. Creation etc. of interests in licences
72. Devolution of rights of licensee
73. Correction of register
74. Disclosure of registered information
75. Survey standards
76. Evidence
77. Offences

PART 7-REHABILITATION

77A. Definition
78. Licensee must rehabilitate land
79. Rehabilitation plan
79A. Rehabilitation liability assessment
80. Rehabilitation bond
81. Rehabilitation
81A. Certification that land has been rehabilitated
82. Return of bond if rehabilitation satisfactory
83. Minister may carry out rehabilitation
84. Payment out of Consolidated Fund

PART 8-COMPENSATION

85. What compensation is payable for
85A. What compensation is payable for-Crown land
86. When a claim can be made
87. Compensation agreement
88. Determination of compensation disputes
88A. Determination of disputes-Crown land
89. Limit on total amount of compensation

PART 8A-CODES OF PRACTICE

89A. Power to make Codes of Practice
89B. Variation and revocation of Code of Practice
89C. Advertising of draft Code of Practice, variation or revocation
89D. Consideration of submissions
89E. How is a Code of Practice made?
89F. Availability of Code of Practice
89G. Breach of Code of Practice not an offence
89H. Use of Code of Practice in proceedings

PART 9-INSPECTORS

Division 1-Employment of inspectors

90. Employment of inspectors
91. Delegation by Director of Mines
92. Identity cards

Division 2-Performance of functions or exercise of powers

93. Inspectors subject to Department Head's directions

Division 3-Powers relating to entry

94. Power to enter
95. General powers on entry
95A. Power to require production of documents etc.
95B. Power to take samples

Division 4-Procedure relating to entry

95C. Announcement on entry
95D. Report to be given about entry

Division 5-Search warrants

95E. Definition
95F. Issue of search warrants
95G. Announcement before entry on warrant
95H. Copy of warrant to be given to occupier

Division 6-Limitation on entry powers

95I. Places used for residential purposes

Division 7-Return and forfeiture of seized things

95J. Return of seized things
95K. Forfeiture of seized things

Division 8-Other powers

95L. Power to require name and address
95M. Power to give directions

Division 9-Other matters

95N. Occupier must assist inspector
95O. Other assistance in exercising powers
95P. Inspector may take affidavits
95Q. Inspector may copy documents

Division 10-Offences

95R. Offences in relation to inspections

Division 11-Protection of privileges

95S. Protection against self-incrimination
95T. Legal professional privilege not affected

PART 10-Repealed

PART 11-MINING WARDENS

96. Appointment of mining wardens
97. Disputes
98. Matters referred to mining warden
99. Powers of mining warden
100. Conduct of hearing
101. Evidence not admissible in other proceedings
102. Validity of acts or decisions
103. Discontinuance of investigation
104. Costs
105. Annual report

PART 12-ENFORCEMENT

106. Mining infringements
107-109. Repealed
110. Order to cease work etc.
110A. Enforcement order
111. Offences by corporations
111A. Default penalties

PART 13-MISCELLANEOUS

112. Surveys and drilling operations
113. Discovery of uranium or thorium to be reported
114. Abandoned plant becomes property of the Crown
115. Occupiers liability
116. Licensee must supply information
117. Obtaining licence or other authority dishonestly
118. Pecuniary interests
119. Secrecy
120. Delegation
120A. Ministerial guidelines
121. Immunity
122. Service of documents
123. Supreme Court-limitation of jurisdiction
124. Regulations
125. Repealed

PART 14-REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONALS

126. Repeal and amendment of Mines Act 1958.
127. Validation of existing titles
128. Consequential amendments
129. Savings and transitionals
130. Saving and transitional provisions-2000 amendments
131. Saving and transitional provisions-2001 amendments
132. Transitional provision-2005 amendments
133. Validation of certain exploration and mining work-2006 amendments
134. Change of title provision-2006 amendments
135. Transitional provision-2006 amendments
__________________
SCHEDULE 1-Consequential Amendments
1. Aboriginal Land (Northcote Land) Act 1989.
2. Coroners Act 1985.
3. County Court Act 1958.
4. Crown Land (Reserves) Act 1978.
5. Dangerous Goods Act 1985.
6. Drainage Areas Act 1958.
7. Electric Light and Power Act 1958.
8. Environment Protection Act 1970.
9. Extractive Industries Act 1966.
10. Fences Act 1968.
11. Flora and Fauna Guarantee Act 1988.
12. Forests Act 1958.
13. Land Act 1958.
14. Land Acquisition and Compensation Act 1986.
15. Land Tax Act 1958.
16. Lifts and Cranes Act 1967.
17. Repealed
18. Mines (Miscellaneous Amendments) Act 1987.
19. National Parks Act 1975.
20. National Parks (Alpine National Park) Act 1989.
21. Nuclear Activities (Prohibitions) Act 1983.
22. Petroleum Act 1958.
23. Planning Appeals Act 1980.
24. Sale of Land Act 1962.
25. Scaffolding Act 1971.
27. State Electricity Commission Act 1958.
28. Summary Offences Act 1966.
29. Transfer of Land Act 1958.
30. Trustee Act 1958.
31. Underseas Mineral Resources Act 1963.
32. Vagrancy Act 1966.
33. Wildlife Act 1975.
SCHEDULE 2-Savings and Transitionals
SCHEDULE 3-Restricted Crown Land
SCHEDULE 4-Minerals
SCHEDULE 5-Saving and transitional provisions arising from the Mineral Resources Development (Amendment) Act 2000.
1. Definitions
2. Saving of exploration licence applications based on former measurement system
3. Queued" applications to lapse
4. Other applications
5. Exploration licences held for less than 5 years
6. Exploration licences held for 5 years or more
7. Exploration licences not affected
8. Mining licences not affected
9. Right to reproduce section 116 document imposed as a
condition
SCHEDULE 6-Saving and transitional provisions arising from the Mineral Resources Development (Further Amendment) Act 2001.
1. Definition
2. Peat mining licences to continue
3. Peat exploration licences to continue
4. Inconsistent permits and authorities not to be granted
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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