Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 42A

Planning permits not required for some work variations

42A. Planning permits not required for some work variations



(1) This section applies if-

   (a)  a licensee proposes to vary an approved work plan that was approved in
        respect of work for which an Environment Effects Statement was
        prepared and assessed under section 42(7); and

   (b)  a permit is required to be obtained under a planning scheme for the
        new work that it is proposed to do.

(2) The licensee is not required to obtain a permit for that work if-

   (a)  the Minister, after consultation with the Minister administering the
        Environment Effects Act 1978, is satisfied that the new work will not
        cause any significant additional environmental impacts; and

   (b)  the Minister approves the variation.

(3) If the Minister is not so satisfied, the licensee is still not required to
obtain a permit for that work if-

   (a)  the Minister administering the Environment Effects Act 1978 directs
        that a report be prepared on the additional environmental impacts that
        the new work may have; and

   (b)  the report is made available for public inspection and comment for at
        least 28 days; and

   (c)  after considering any comments made during that period, that Minister
        submits an assessment of the report to the Minister; and

   (d)  the variation, in the form that it is approved by the Minister,
        substantially complies with any requirements recommended by that
        assessment.