Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 40

Work plan

40. Work plan



(1) A licensee who proposes to do work under the licence must lodge a work
plan with the Department Head.



(1A) This section does not apply to low impact exploration work.



(2) If-

   (a)  an applicant for an exploration licence indicates in the application
        that the program of work referred to in section 15(6)(c) will be the
        work plan for the licence; and

   (b)  that program of work complies with subsection (3); and



* * * * *

then on the grant of the licence the applicant must be taken to have lodged
that program of work as the work plan under subsection (1).

(2AA) A licensee-

   (a)  who holds a mining licence that covers an area of 5 hectares or less;
        and

   (b)  who does not propose to do any work on agricultural land-

may, instead of lodging a work plan, lodge a notice with the Department Head
electing to have the work program that the licensee submitted as part of the
application for the licence to be considered to be the licensee's work plan.

(2A) In the case of a mining licence, if any part of the land relating to the
work plan is Crown land, the Department Head must without delay lodge a copy
of the work plan with the Crown land Minister.





(2B) Subsection (2A) does not apply if the only work set out in the work plan
that is proposed to be done on the Crown land is exploration work.

(3) A work plan must contain-

   (a)  the prescribed information; and

   (b)  if the licence is a mining licence-

   (i)  a rehabilitation plan for the area of land covered by the licence; and

   (ii) in relation to the mining activities proposed to be carried out under
        the licence, a plan for consulting with the community prepared in
        accordance with the regulations and any guidelines issued by the
        Minister relating to such plans (a community engagement plan).

(3A) Within 28 days after a copy of the work plan is lodged with the Crown
land Minister, or any longer period allowed by the Minister, the Crown land
Minister-

   (a)  must give comments to the Minister on the rehabilitation plan included
        in the work plan; and

   (b)  may recommend changes to be made to the work plan before it is
        approved or conditions to which an approval should be made subject.

(4) The Department Head must give a licensee a written notice approving,
refusing to approve, or asking for changes to, a work plan within 30 days
after the last of any of these events that are applicable-

   (a)  the licensee notifying the Department Head that all required planning
        approvals have been granted (other than any permit that it is not
        necessary to obtain as a result of section 42(7));

   (b)  the Minister administering the Environment Effects Act 1978 submitting
        an assessment to the Minister under section 42(7);

   (c)  the granting or refusal of any application under section 26B relating
        to the licence;

   (d)  the Minister notifying the Department Head that he or she has
        considered any comments received under section 41A(2);

   (e)  the Crown land Minister giving the Minister comments under section
        40(3A);

   (f)  the lodging of the work plan.

(5) The Department Head must not approve a work plan before the events
described in subsections (4)(a), (b), (c), (d) and (e) occur (if applicable).

(6) In approving a work plan, the Department Head may specify that certain
conditions must be observed by the licensee in carrying out the work plan.

(7) If the Department Head asks for changes to be made to a work plan,
subsection (4) applies to the revised work plan as if it was the original work
plan.

(8) If the Minister administering the Environment Effects Act 1978 submits an
assessment under section 42(7), the Department Head must give a copy of the
work plan to that Minister at least 10 days before approving the plan.