Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 42

Commencement of work under mining licence

42. Commencement of work under mining licence



(1) The holder of a mining licence may apply to the Department Head for a work
authority in relation to a specified area.





(2) The Department Head must grant that authority, if he or she is satisfied-

   (a)  that the licensee-

   (i)  has an approved work plan; and

   (ii) has entered into a rehabilitation bond in accordance with section 80;
        and

   (iii) has obtained all the necessary consents and other authorities
        required by or under this or any other Act; and

   (iv) has complied with any condition imposed by the Minister under section
        26(2)(d) to provide an environmental offset; and

   (v)  has obtained the insurance required under section 39(5); and

   (ab) any consent under section 45 or authorisation under section 46 has
        been registered; and



   (b)  that 7 days have passed since the licensee notified-

   (i)  the Director of Mines; and

   (ii) the owners and occupiers of the land affected5-

of the licensee's intention to commence work; and

   (c)  if the land affected6 is private land, that-

   (i)  the licensee has obtained the written consent of the owners and
        occupiers of the land affected7; or

   (ii) the licensee has made and registered compensation agreements with
        those owners and occupiers; or

   (iii) the amount of compensation payable to those owners and occupiers has
        been determined under Part 8; or

   (iv) the licensee has purchased the land affected8; or

   (v)  the licensee has been unable to determine the name and address of the
        owners and occupiers of the land affected despite making, in the
        Department Head's opinion, all reasonable efforts to do so- but must
        otherwise refuse to grant that authority.

(2A) If subsection (2)(c)(v) applies to a licensee, the Department Head may,
before granting the work authority, require the licensee-

   (a)  to advertise the licensee's intention to start work on the land
        affected in a specified edition of a newspaper circulating generally
        in the area in which the land is situated;

   (b)  to post a notice on the land affected stating that the licensee
        intends to start work on that land.

(3) A work authority-

   (a)  has no effect until it is registered;

   (b)  only has effect with respect to the area specified in the authority.

(4) Once registered, a work authority-

   (a)  is not invalid only because one or more of the necessary consents and
        other authorities were not obtained; and

   (b)  does not relieve the licensee from the requirement to obtain any
        consents or other authorities made necessary by a variation of the
        approved work plan; and

   (c)  does not relieve the licensee from liability under any other Act for a
        failure to obtain any necessary consent or other authority; and

   (d)  authorises the licensee to carry out work in accordance with the
        approved work plan.

(5) A work authority lapses if-





   (a)  the licensee does not start work within 6 months after the authority
        was registered, or any longer period allowed by the Department Head in
        writing; or



   (b)  the licensee undertakes work in the area to which the authority
        applies that is not permitted by a permit issued under the relevant
        planning scheme; or

   (c)  an Environment Effects Statement was prepared and assessed under
        subsection (7) before the authority was granted and the licensee
        undertakes work in the area to which the authority applies that was
        not considered in the Environment Effects Statement (unless section
        42A applies).

(6) Despite anything in any planning scheme approved under the
Planning and Environment Act 1987, the holder of a mining licence may be
granted a permit under the scheme for carrying out mining on the land covered
by the licence even if the scheme prohibits that use or development of the
land (whether absolutely or unless specified conditions are complied with) and
does not provide for the granting of a permit for that use or development.

(7) If under subsection (6) or any planning scheme a permit is required to be
obtained for carrying out mining on the land covered by a mining licence in
accordance with that licence, the licensee is not required to obtain a permit
for that work if-

   (a)  an Environment Effects Statement has been prepared under the
        Environment Effects Act 1978 on the work proposed to be done under the
        licence; and

   (b)  an assessment of that Statement by the Minister administering the
        Environment Effects Act 1978 has been submitted to the Minister; and

   (c)  a work authority has been granted by the Department Head following the
        Minister's consideration of that assessment.





(8) In addition to any other power to prepare, adopt or approve amendments to
planning schemes, the Minister administering the
Planning and Environment Act 1987 may-

   (a)  on the recommendation of the Minister prepare; and

   (b)  adopt and approve-

amendments to any planning scheme to facilitate the carrying out of mining on
land covered by a mining licence in accordance with that licence.

(9) Without limiting what an amendment may include, an amendment prepared
under subsection (8) may provide that, in the circumstances set out in
subsection (7), no permit is required to carry out mining on land covered by a
mining licence in accordance with that licence.

(10) The Planning and Environment Act 1987 (except section 12(2), Divisions 1
and 2 of Part 3 and section 39(1) to (6) and any regulations made for the
purposes of those provisions) applies to the preparation, adoption and
approval of an amendment under subsection (8).

(11) Section 39(7) of the Planning and Environment Act 1987 applies to an
amendment prepared, adopted or approved under subsection (8) as if before
"Division 1" there were inserted "section 12(1) or".

(12) Section 39(8) of the Planning and Environment Act 1987 applies to an
amendment prepared or adopted under subsection (8) as if-

   (a)  the expression "Except for an application under this section," were
        deleted; and

(b) before "Division 1" there were inserted "section 12(1) or".

(13) Section 46 of the Planning and Environment Act 1987 does not apply to a
planning scheme to the extent to which, because of an amendment prepared,
adopted or approved under subsection (8), it is expressed or purports to deal
with any land that has been permanently reserved for any purpose set out in
section 4 of the Crown Land (Reserves) Act 1978 in any manner inconsistent
with that reservation.

(14) Nothing in this section prevents either House of Parliament exercising
its power under section 38 of the Planning and Environment Act 1987.