Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 45

Prohibition of work near dwellings and certain places and sites

45. Prohibition of work near dwellings and certain places and sites





(1) A licensee must not, except as provided by subsection (2), (4), (4A) or
(4B) do any work under the licence-

   (a)  within 100 metres laterally of-

   (i)  a dwelling house that existed before an approved work plan was
        registered in respect of the licence; or

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   (xi) land in respect of which an ongoing protection declaration is in force
        under the Aboriginal Heritage Act 2006; or









   (xii) any Aboriginal place within the meaning of the
        Aboriginal Heritage Act 2006 that is recorded in the Victorian
        Aboriginal Heritage Register under that Act; or

   (xiii) an archaeological site on the Heritage Inventory established under
        the Heritage Act 1995 or a place or object included in the Heritage
        Register established under the Heritage Act 1995; or







   (b)  within 100 metres below any area prohibited by paragraph (a).

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) Despite subsection (1), a licensee may do any work prohibited by
subsection (1) (except work within the prohibited distances of the area
relating to a site described in subsection (1)(a)(xiii)) if the licensee is
not required to obtain a permit for that work under section 42(7) or 42A.

(1B) Subsection (1A) applies regardless of whether the licensee has any of the
consents referred to in subsections (2) and (4).

(2) A licensee may, with the consent of the owners of the land on which a
dwelling house is situated, do work within the area prohibited by subsection
(1)(a)(i) in relation to that dwelling house or within 100 metres below that
area.

(3) A consent given by any owner of land under subsection (2)-

   (a)  must be in writing and in the prescribed form (if any); and

   (b)  cannot be withdrawn by that owner or by any subsequent owner of the
        land; and

   (c)  binds all subsequent owners and occupiers of the land.





(4) A licensee may, with the consent of any person or body nominated under
section 18(a) in relation to the application for the licence, do work within
the area prohibited by subsection (1)(a)(xii) or within 100 metres below that
area.

(4A) A licensee may, with the consent of the Executive Director (within the
meaning of the Heritage Act 1995) in respect of a place or object that is
included in the Heritage Register established under the Heritage Act 1995, do
work within the area that is prohibited in relation to that place or object by
subsection (1)(a)(xiii), or within 100 metres below that area.

(4B) A licensee may, with the consent of the Executive Director (within the
meaning of the Heritage Act 1995), in respect of an archaeological site on the
Heritage Inventory established under the Heritage Act 1995, other than an
archaeological site which is a place or object to which subsection (4A)
applies, do work within the area that is prohibited in relation to that
archaeological site by subsection (1)(a)(xiii) or within 100 metres below that
area.

(5) An owner who consents under subsection (2), or a person or a body that
consents under subsection (4), (4A) or (4B), may make the consent conditional
on the following matters only-

   (a)  specified distance restrictions;

   (b)  specified depth restrictions.



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(7) In this section-

dwelling house means a building that is used primarily, or is intended,
adapted or designed to be used primarily, as a residence, (including kitchen,
bathroom and sanitary facilities) for an occupier who has a right to the
exclusive use of it and includes a building that may, in addition to its
primary residential use, be used for small-scale commercial activities; work
means any of the following activities-

   (a)  any excavation for the purposes of mining or bulk sampling of ore;

   (b)  any excavation for the purposes of exploration using mechanised
        equipment;

   (c)  any construction or use of any opening, excavation, structure or
        equipment for access to, or ventilation of, underground workings;

   (d)  any treatment, extraction, handling or processing of minerals using
        plant or equipment (other than hand-operated equipment);

   (e)  any construction or use of roads for the haulage of ore, waste rock or
        overburden;

   (f)  the bulk storage of ore, waste rock or overburden;

   (g)  any construction or use of dams for the storage of tailings, process
        water or groundwater;

   (h)  any construction or use of other facilities for the treatment,
        handling or storage of tailings or other wastes;

   (i)  any drilling (unless carried out with hand-held equipment);

   (j)  any other activity specified in the regulations- but does not include
        the carrying out of low impact exploration.

(8) For the purposes of subsection (1)(a)(i) the distance of 100 metres is to
be measured from-

   (a)  the boundary of the allotment on which the dwelling house is situated
        if the area of the allotment is 0×4 hectares or less; or

   (b)  in any other case, a distance of 25 metres from the outer edge of any
        eave forming part of the dwelling house.