MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 4 Definitions
MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 4
Definitions(1) In this Act—
S. 4(1) def. of Aboriginal object repealed by No. 16/2006 s. 198(Sch. 2 item 5(1)(a)).
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S. 4(1) def. of Aboriginal place amended by No. 82/2000 s. 4(b), repealed by No. 16/2006 s. 198(Sch. 2 item 5(1)(a)).
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S. 4(1) def. of accident amended by No. 82/2000 s. 4(c)(i)–(iii), repealed by No. 55/2010 s. 48.
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"agricultural land" means private land that is used primarily for—
(a) cultivation for the purpose of selling the produce of the cultivation; or
(b) keeping animals or poultry for the purpose of selling them or produce derived from them; or
(c) keeping bees for the purpose of selling their honey; or
(d) commercial fishing; or
(e) the cultivation or propagation for sale of plants;
S. 4(1) def. of area work plan schedule inserted by No. 57/2009 s. 23.
"area work plan schedule "means an area work plan schedule submitted under section 41AD;
S. 4(1) def. of authority to commence work repealed by No. 82/2000 s. 4(d).
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S. 4(1) def. of chief administrator amended by No. 86/1993 s. 5(1)(b), repealed by No. 76/1998 s. 31(a)(i).
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S. 4(1) def. of Chief Inspector inserted by No. 6/2009 s. 6(1).
"Chief Inspector" means the Chief Inspector employed under section 90(1)(a);
S. 4(1) def. of chief mining inspector amended by No. 46/1998
s. 7(Sch. 1), repealed by No. 82/2000 s. 4(d).
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S. 4(1) def. of closure criteria inserted by No. 32/2019 s. 4(1).
"closure criteria"—see section 84AZU(3)(b);
S. 4(1) def. of coal mine land
inserted by No. 22/2017 s. 4.
"coal mine land" means the land covered by any of the following licences (whether or not those licences are in force)—
S. 4(1) def. of coal seam gas inserted by No. 8/2017 s. 3.
"coal seam gas" means natural gas when it is contained in oil shale or coal, whether or not it is in a gaseous state;
S. 4(1) def. of Code of practice repealed by No. 86/1993 s. 5(1)(a), new def. of Code of Practice inserted by No. 63/2006 s. 6(1)(c).
"Code of Practice" means a Code of Practice made under Part 8A as amended and in force for the time being;
S. 4(1) def. of Commis-sioner inserted by No. 22/2017 s. 4, repealed by No. 32/2019 s. 4(2).
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S. 4(1) def. of community engagement
plan
inserted by No. 63/2006 s. 6(1), amended by Nos 6/2009
s. 6(2)(a), 59/2010 s. 4(a), 10/2014 s. 4(2), 10/2014
s. 4(3).
community engagement plan has the meaning set out in sections 40(3)(d) and 77G(3)(e);
S. 4(1) def. of Crown land amended by
No. 35/1998
s. 18(a).
Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes—
(a) land of the Crown that is reserved permanently or temporarily by or under any Act; and
(b) land of the Crown occupied by a person under a lease, licence or other right under this or any other Act—
but does not include land which is the subject of a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 ;
S. 4(1) def. of Crown land Minister inserted by No. 63/2006 s. 6(1)(c).
"Crown land Minister" in relation to Crown land, means the Minister responsible for administering the Act under which the land is controlled or managed;
S. 4(1) def. of declared mine inserted by No. 57/2009 s. 23.
"declared mine" means a mine specified in an Order under section 7C;
S. 4(1) def. of Declared Mine Fund inserted by No. 32/2019 s. 4(1).
"Declared Mine Fund" means the fund established under section 84AZZG ;
S. 4(1) def. of declared mine land inserted by No. 32/2019 s. 4(1).
"declared mine land" means—
(a) the land covered by a mining licence that includes a declared mine (whether or not the licence is in force); or
(b) the land covered by any of the following licences (whether or not the licence is in force)—
(i) the mining licence No. 5216;
(ii) the mining licence No. 5304;
S. 4(1) def. of declared mine land register inserted by No. 32/2019 s. 4(1).
"declared mine land register" means the register established under section 84AZZL;
S. 4(1) def. of declared mine licensee inserted by No. 32/2019 s. 4(1).
"declared mine licensee" means the holder or the former holder of a licence that covers declared mine land;
S. 4(1) def. of declared mine rehabilitation plan inserted by No. 32/2019 s. 4(1).
"declared mine rehabilitation plan" means a plan approved by the Department Head under section 84AZV(2)(a) and as varied under section 84AZW(3)(a) ;
S. 4(1) def. of declared quarry inserted by No. 57/2009 s. 23.
"declared quarry" means a quarry specified in an Order under section 7C;
S. 4(1) def. of Department substituted by No. 86/1993 s. 5(1)(c),
amended by Nos 46/1998
s. 7(Sch. 1), 56/2003 s. 11(Sch. item 12.1), 70/2013
s. 4(Sch. 2 item 32.1).
"Department" means the Department of State Development, Business and Innovation;
S. 4(1) def. of Department Head inserted by No. 76/1998 s. 31(a)(iv), amended by No. 108/2004 s. 117(1) (Sch. 3 item 134.1).
"Department Head" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department;
S. 4(1) def. of Director of Mines inserted by No. 82/2000 s. 4(a), repealed by No. 6/2009 s. 6(3)(a).
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S. 4(1) def. of dispute amended by Nos 46/1998 s. 7(Sch. 1), 76/1998 s. 31(a)(iii), 82/2000 s. 4(e)(i)(ii), 59/2010 s. 42(1)(a).
"dispute" means a dispute arising under this Act between—
(a) a licensee or an applicant and the Department Head or an employee of the Department; or
(b) a licensee or an applicant and the holder of a miner's right; or
(c) a licensee or an applicant and the owner or occupier of land; or
(d) a licensee and another licensee or an applicant for a licence; or
(e) an applicant and another applicant; or
(ea) a member of the public and the Department Head (or an employee of the Department) in relation to work under a licence that directly and substantially affects, or is likely to affect, the member of the public—
and includes a dispute—
(f) about the existence of a licence, miner's right or tourist fossicking authority; or
(g) about the boundaries of land covered by a licence or an application—
but does not include a dispute for which recourse to a court, a tribunal or an expert (other than a mining warden) is expressly provided under this Act;
"exploration" means exploration for minerals and includes—
(a) conducting geological, geophysical and geochemical surveys; and
(b) drilling; and
(c) taking samples for the purposes of chemical or other analysis; and
(d) extracting minerals from land, other than for the purpose of producing them commercially; and
(e) in relation to an exploration licence, anything else (except mining) that is specified in the licence;
S. 4(1) def. of extractive industry inserted by No. 6/2009 s. 6(1).
"extractive industry" means the extraction or removal of stone from land if a primary purpose of the extraction or removal is the sale or commercial use of the stone or the use of the stone in construction, building, road or manufacturing works and includes—
(a) the treatment of stone or the manufacture of bricks, tiles, pottery or cement products on or adjacent to land from which the stone is extracted; and
(b) any place, operation or class of operation involving the extraction or removal of stone from land, declared by the Minister, by notice published in the Government Gazette, to be an extractive industry for the purposes of this Act;
S. 4(1) def. of extractive industry work authority inserted by No. 6/2009 s. 6(1).
"extractive industry work authority" means a work authority relating to an extractive industry granted under section 77I;
S. 4(1) def. of graticular section substituted by No. 82/2000 s. 4(f).
"graticular section"—
(a) means the 1000 metre interval block based on the Australian Geodetic Datum 1966, as shown on the National Topographic Map Series published by the National Mapping Council; or
(b) if a notice under section 7A applies, has the meaning it has as specified by, or under, that notice;
S. 4(1) def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 29.1).
Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010 ;
S. 4(1) def. of hydraulic fracturing inserted by No. 8/2017 s. 3.
"hydraulic fracturing" means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation;
S. 4(1) def. of infrastructure mining licence inserted by No. 59/2010 s. 4(c).
"infrastructure mining licence" means a mining licence solely for the construction of a facility or other infrastructure to be used for the purpose of mining under another mining licence;
S. 4(1) def. of infringement repealed by No. 6/2009 s. 6(3)(b).
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S. 4(1) def. of inspector amended by
No. 46/1998
s. 7(Sch. 1), substituted by No. 6/2009 s. 6(2)(b).
"inspector" means an inspector employed under section 90(1)(b) ;
S. 4(1) def. of land affected amended by No. 82/2000 s. 4(g).
"land affected", in relation to work under a licence, means land to which entry is required during the work and includes the surface of the land and the land to a depth of 100 metres;
S. 4(1) def. of Latrobe Valley region
inserted by No. 22/2017 s. 4.
"Latrobe Valley region" means the region constituted by the municipal districts of the Latrobe City Council, Baw Baw Shire Council and Wellington Shire Council;
S. 4(1) def. of licence amended by No. 59/2010 s. 4(b).
"licence" means an exploration licence, a mining licence, a prospecting licence or a retention licence under Part 2;
"licensee" means the holder of a licence;
S. 4(1) def. of low impact exploration inserted by No. 82/2000 s. 4(a), amended by No. 16/2006 s. 198(Sch. 2 item 5(1)(b)), substituted by No. 10/2014 s. 4(1).
low impact exploration has the meaning set out in Schedule 4A;
"mine" means any land on which mining is taking place under a licence;
miner's right means a miner's right under Part 5;
S. 4(1) def. of mineral amended by Nos 7/1994 s. 4, 71/2001 s. 3(1)(a).
"mineral" means any substance which occurs naturally as part of the earth's crust—
(a) including—
(i) oil shale and coal; and
(ii) hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and
(iii) any substance specified in Schedule 4;
(b) excluding water, stone, peat or petroleum;
"minerals exemption" means an exemption that was granted under section 293 or 293A of the Mines Act 1958 and that was current immediately before the commencement of this section;
S. 4(1) def. of mineral resource inserted by No. 59/2010 s. 4(c).
"mineral resource" means a concentration of a mineral or minerals that is or may be economically viable to mine;
"mining" means extracting minerals from land for the purpose of producing them commercially, and includes processing and treating ore;
S. 4(1) def. of mining infringement repealed by No. 6/2009 s. 6(3)(c).
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"mining register" means the register kept under Part 6;
S. 4(1) def. of Ministerial direction inserted by No. 32/2019 s. 4(1).
"Ministerial direction" means a direction made or varied under section 84AZT;
S. 4(1) def. of occupier amended by No. 76/1998 s. 31(a)(ii).
"occupier" means—
(a) in relation to private land, any person lawfully in possession of the land; and
(b) in relation to Crown land, the Secretary (as defined in the Conservation, Forests and Lands Act 1987 );
S. 4(1) def. of owner amended by Nos 86/1993 s. 5(1)(d), 35/1998 s. 18(b), 85/1998 s. 24(Sch. item 42) (as amended by No. 74/2000 s. 3(Sch. 1 item 129.2)), 63/2006 s. 6(1)(a).
"owner" means—
(a) in relation to Crown land, means the Crown land Minister; and
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(d) in relation to private land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), the person who is registered or entitled to be registered as the proprietor of the land; and
(e) in relation to other private land—
(i) if the land is mortgaged, the mortgagor; and
(ia) if the land is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 , the licensee, under that Part, of the land; and
(ii) in any other case, the person who has the fee in the land;
petroleum means [1] —
(a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or
(b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or
(c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrocarbon sulphide, nitrogen, helium and carbon dioxide—
and includes any petroleum as defined by paragraph (a), (b) or (c) or any prescribed petroleum product that has been returned to a natural reservoir in Victoria, but excludes any naturally occurring hydrocarbon or mixture of hydrocarbons within a deposit of coal or oil shale;
S. 4(1) def. of planned improvement amended by No. 126/1993 s. 264(Sch. 5 item 16).
"planned improvement", in relation to land, means an improvement on the land in respect of which the owner or occupier had, before an application for a licence covering that land was made—
(a) applied for or been granted a building permit or a planning permit; or
(b) otherwise demonstrated a genuine intention to proceed;
S. 4(1) def. of planning permit inserted by No. 6/2009 s. 6(1).
"planning permit" means a planning permit issued under the Planning and Environment Act 1987 ;
S. 4(1) def. of planning scheme inserted by No. 6/2009 s. 6(1).
"planning scheme" means a planning scheme made under the Planning and Environment Act 1987 ;
S. 4(1) def. of plant substituted by No. 6/2009 s. 6(2)(c).
"plant" means buildings, structures, works or other machinery (whether fixed or mobile) and all other installations or equipment used in the doing of work under a licence or an extractive industry work authority;
S. 4(1) def. of post-closure plan inserted by No. 32/2019 s. 4(1).
"post-closure plan"—see section 84AZU(3)(c);
private land means any land that is not Crown land;
S. 4(1) def. of quarry inserted by No. 6/2009 s. 6(1).
"quarry" means—
(a) a pit or excavation made in land below the natural surface for the purpose of extracting or removing stone if a primary purpose of the extraction or removal is the sale or commercial use of the stone or the use of the stone in construction, building, road or manufacturing works; or
(b) any place or operation involving the removal of stone from land, declared by the Minister by notice published in the Government Gazette to be a quarry—
and includes access ways on private land and the works, machinery, plant, equipment, buildings and structures above or below ground used for or in connection with—
(c) making, enlarging or deepening the pit or excavation; or
(d) carrying on the operation; or
(e) the extraction or removal of stone from the pit or excavation; or
(f) the treatment on or adjacent to the land in which the pit or excavation is made of stone extracted or removed from the land or the manufacture on or adjacent to that land of bricks, tiles, pottery or cement products substantially from stone so extracted or removed;
S. 4(1) def. of regional rehabilitation strategy inserted by No. 22/2017 s. 4.
"regional rehabilitation strategy" means the strategy prepared under section 84AZM;
"register" means the mining register kept under Part 6;
"registered" means registered in the mining register;
S. 4(1) def. of registered mine land inserted by No. 32/2019 s. 4(1).
"registered mine land" means declared mine land that is registered in the declared mine land register;
S. 4(1) def. of registered post-closure plan inserted by No. 32/2019 s. 4(1).
"registered post-closure plan" means a post-closure plan registered in the
declared mine land register;
S. 4(1) def. of registrar amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(h).
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S. 4(1) def. of Rehabilitation Authority inserted by No. 32/2019 s. 4(1).
"Rehabilitation" Authority means the Mine Land Rehabilitation Authority established under section 84AD;
S. 4(1) def. of rehabilitation bond inserted by No. 63/2006 s. 6(1)(c).
"rehabilitation bond" means a rehabilitation bond referred to in section 80;
S. 4(1) def. of rehabilitation plan inserted by No. 63/2006 s. 6(1)(c).
"rehabilitation plan" means a rehabilitation plan referred to in section 79;
S. 4(1) def. of responsible authority inserted by No. 6/2009 s. 6(1).
responsible authority in relation to a planning scheme has the same meaning as in the Planning and Environment Act 1987 ;
S. 4(1) def. of restricted Crown land inserted by No. 86/1993 s. 5(1)(e).
restricted Crown land means any land specified in Schedule 3;
"search" means search for minerals using no equipment for the purposes of excavation other than non-mechanical hand tools;
S. 4(1) def. of specified work plan inserted by No. 59/2010 s. 32.
"specified work plan" means a work plan for work in respect of which a planning permit under the Planning and Environment Act 1987 is required;
S. 4(1) def. of specified variation inserted by No. 59/2010 s. 32.
"specified variation", in relation to an approved work plan, means a variation to work—
(a) that is being carried out in accordance with the approved work plan; and
(b) in respect of which a planning permit under the Planning and Environment Act 1987 is required;
S. 4(1) def. of statutorily endorsed inserted by No. 59/2010 s. 32.
"statutorily endorsed", in relation to a work plan or a variation to an approved work plan, means endorsed in accordance with Part 6B;
S. 4(1) def. of stone amended by No. 71/2001 s. 3(1)(b).
stone means—
(a) sandstone, freestone or other building stone; or
(b) basalt, granite, limestone or rock of any kind ordinarily used for building, manufacturing or construction purposes; or
(c) quartz (other than quartz crystals); or
(d) slate or gravel; or
(e) clay (other than fine clay, bentonite or kaolin); or
(ea) peat; or
(f) sand, earth or soil; or
(g) other similar materials;
S. 4(1) def. of stratum of
land
inserted by No. 86/1993 s. 5(1)(f).
"stratum of land" means a part of land consisting of a space of any shape below, on or above the surface of the land or partly below and partly above the surface of the land, all of the dimensions of which are limited;
S. 4(1) def. of tailings amended by No. 86/1993 s. 5(1)(g)(i)(ii), substituted by No. 82/2000 s. 4(i).
"tailings" means any waste mineral, stone or other material that was produced during the course of mining (whether before or after 6 November 1991), and includes any mineral, stone or material that is or was discarded from plant or machinery used for extracting minerals;
S. 4(1) def. of tourist mine repealed by No. 59/2010 s. 42(1)(c).
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S. 4(1) def. of Tribunal inserted by No. 52/1998 s. 311(Sch. 1 item 64.1).
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
S. 4(1) def. of unrestricted Crown land inserted by No. 86/1993 s. 5(1)(h).
unrestricted Crown land means any Crown land (whether reserved or not) other than—
(a) land to which paragraph (a) or (b) of section 6 applies; or
(b) restricted Crown land;
S. 4(1) def. of work repealed by No. 82/2000 s. 4(j).
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S. 4(1) def. of work authority inserted by No. 82/2000 s. 4(a), repealed by No. 10/2014 s. 4(4).
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S. 4(1) def. of work plan substituted by No. 6/2009 s. 6(2)(d), amended by No. 10/2014 s. 4(5).
"work plan" means a work plan lodged under section 40 or section 77G or varied under section 41AAB or 77HB;
S. 4(1) def. of worksite inserted by No. 86/1993 s. 5(1)(i), substituted by No. 82/2000 s. 4(k), amended by Nos 63/2006 s. 6(1)(b), 6/2009 s. 6(2)(e), 59/2010 s. 42(1)(b).
"worksite" means any place where work is being done under a licence, an extractive industry work authority, a miner's right or tourist fossicking authority or where rehabilitation work is being done, or required to be done, under Part 7.
S. 4(2) substituted by No. 86/1993 s. 5(2), amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 12.2), 108/2004 s. 117(1) (Sch. 3 item 134.2), 70/2013 s. 4(Sch. 2 item 32.2).
(2) If under the Public Administration Act 2004 the name of the Department is changed, a reference in the definition of Department in subsection (1) to the "Department of State Development, Business and Innovation" must, from the date when the name is changed, be treated as a reference to the Department by its new name.
S. 4(3) inserted by No. 86/1993 s. 5(2), repealed by No. 63/2006 s. 6(3).
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