Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 41

Variation of work plan on application of a licensee

41. Variation of work plan on application of a licensee



(1) The Department Head may approve the variation of an approved work plan on
the written application of the licensee.

(2) The application must contain the information required by the regulations.

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

(2C) Within 28 days after the variation 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 if affected by the variation; and

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

(3) The Department Head must give a licensee a written notice approving,
refusing to approve, or asking for changes to, the variation of 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 42A);

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

   (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 subsection
        (2C);

   (f)  the lodging of the application for approval.

(4) The Department Head must not approve the variation of a work plan before
the events described in subsections (3)(a), (b), (c), (d) and (e) occur (if
applicable).

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

(5A) The conditions specified under subsection (5) may include any of the
matters set out in section 26(2).



(6) If the Department Head asks for changes to be made to an application for
the variation of a work plan, subsection (3) applies to the revised
application as if it was the original application.

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

(8) Once notice of approval of a variation has been given to the licensee, the
approved work plan for the work authority is the work plan as amended by the
variation.

(9) If an application to vary the work plan consists solely of the inclusion
of a community engagement plan in the work plan-

   (a)  the Department Head must give the licensee a written notice approving,
        or refusing to approve, or asking for changes to, the variation of a
        work plan within 30 days of receiving the application; and

   (b)  subsections (2A), (2B), (2C), (3), (4), (6) and (7) do not apply in
        respect of the variation.