Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 43

Commencement of work under exploration licence

43. Commencement of work under exploration licence



(1) The holder of an exploration licence must not carry out any work on the
land covered by the licence unless-

   (a)  the licensee has an approved work plan; and

   (b)  the licensee has entered into a rehabilitation bond in accordance with
        section 80; and

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



   (c)  the licensee has obtained all the necessary consents and other
        authorities relating to the land affected9 required by or under this
        or any other Act; and

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



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



   (d)  the licensee has given-

   (i)  7 days' notice to the Director of Mines; and

   (ii) 7 days' notice (or any shorter period agreed between the licensee and
        the owners and occupiers of the land affected) to the owners and
        occupiers of the land affected10-

of the licensee's intention to commence work; and

   (e)  if the land affected11 is private land-

   (i)  the licensee has obtained the written consent of the owners and
        occupiers of the land affected12; 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 and the licensee has been advised in
        writing of the result by the person or body making the determination;
        or

   (iv) the licensee has purchased the land affected13- unless this
        requirement has been waived by the Department Head under subsection
        (2).

* * * * *

Penalty: In the case of a corporation, 1000 penalty units. In any other case,
200 penalty units. Default penalty: In the case of a corporation, 20 penalty
units. In any other case, 10 penalty units.

(1A) Subsections (1)(a), (1)(b), (1)(ba), (1)(ca) and (1)(d) do not apply to
low impact exploration.



(2) If the land affected is private land and the licensee has been unable to
determine the name and address of the owners and occupiers of the land, the
licensee may apply to the Department Head to have the requirement specified by
subsection (1)(e) waived.

(2A) The Department Head may grant such an application if, in her or his
opinion, the licensee has made all reasonable efforts to determine the name
and address of the owners and occupiers of the land.



(2B) Before waiving the requirement, the Department Head may 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) Despite anything in any planning scheme approved under the
Planning and Environment Act 1987 which-

   (a)  prohibits the use or development of the land covered by the licence
        for exploration (whether absolutely or unless specified conditions are
        complied with) and does not provide for the granting of a permit for
        that use or development; or

   (b)  requires a permit to be obtained for that use or development-

the holder of an exploration licence or mining licence is not prohibited from
carrying out exploration on the land covered by the licence in accordance with
that licence and is not required to comply with any conditions specified in
the planning scheme relating to, or to obtain a permit for, the carrying out
of that exploration.

(4) 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
exploration on land covered by an exploration licence or mining licence in
accordance with that licence.

(5) Without limiting what an amendment may include, an amendment prepared
under subsection (4) may provide that no permit is required to carry out
exploration on land covered by an exploration licence or mining licence in
accordance with that licence.

(6) 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 (4).

(7) Section 39(7) of the Planning and Environment Act 1987 applies to an
amendment prepared, adopted or approved under subsection (4) as if before
"Division 1" there were inserted "section 12(1) or".

(8) Section 39(8) of the Planning and Environment Act 1987 applies to an
amendment prepared or adopted under subsection (4) 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".

(9) 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 (4), 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.

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