MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990
Table of Provisions
PART 1--INTRODUCTION
- 1 Purpose
- 2 Objectives
- 2A Principles of sustainable development
- 3 Commencement
- 4 Definitions
- 5 Act to bind the Crown
- 5AA Application of this Act
- 5AB Application of this Act to Alcoa land
- 5ABA Leased area
- 5A Interaction of this Act with native title legislation
- 6 Land not available for exploration, mining and searching
- 6AA Land not available for searching for stone
- 6A Extent of application of licences and authorities under this Act to Deep Lead Nature Conservation Reserve (No. 2)
- 7 Minister may exempt land from being subject to a licence
- 7A Minister may declare meaning of graticular section
- 7B Ministers may declare low impact exploration activity
- 7C Ministerial Order declaring specified mines and quarries
- 8 Offence to search for minerals or do work without authority
- 8AA Offence to search for stone without consent
- 8AB Offence to carry on extractive industry without authority
- 8AC Offence to carry out exploration or mining of coal seam gas
- 8AD Offence to carry out hydraulic fracturing
- 8A Aerial surveys permitted without licence
- 9 Ownership of minerals
- 10 Tailings
- 11 Transfer of property in minerals
- 11A Ownership of stone
- 12 Royalties
- 12A Royalties for lignite
PART 2--EXPLORATION LICENCES, MINING, PROSPECTING AND RETENTION LICENCES
Division 1--General licence provisions
- 13 Exploration licences
- 14 Mining licences
- 14A Licence may be limited to stratum of land
- 14B Prospecting licences
- 14BA Holder of prospecting licence must not dispose of tailings contrary to Minister's consent
- 14C Retention licences
Division 2--Licence process
- 14AB Application of this Division
- 15 Application for a licence
- 16 Applicant for licence—fit and proper person
- 16A Application for mining licence or retention licence where exploration licence or prospecting licence covers same land
- 16B Application for mining licence where retention licence covers same land
- 17 Application not transferable
- 18 Notice of applications with the highest ranking
- 19 Withdrawal of application
- 23 Ranking of applications
- 24 Objections to licence
- 24A Comments on licence
- 25 Grant or refusal of licence
- 25A Waiver of exploration licence holder's consent
- 26 Grant of licence
- 26AAA Transfer of consents and approvals to undertake work
Division 3--Licence process for direct allocation of licences relating to coal
- 26AA Definition
- 26AB Licence applications under Division to be in respect of exempted land
- 26AC Who may apply for a licence under this Subdivision?
- 26AD Application procedure
- 26AE Application of Act to licence application
- 26AF Grant or refusal of licence
- 26AG Revocation of exemption over licence land
- 26AH Minister must publish notice
- 26AI Application of Act to licence
- 26AJ Application procedure
- 26AK Notification and advertising requirements
- 26AL Application of Act to licence application
- 26AM Grant or refusal of licence
- 26AN Minister must publish reasons for refusal to grant licence
- 26AO Revocation of exemption over licence land
- 26AP Minister must publish notice
- 26AQ Application of Act to licence
Division 3A--Survey of land proposed to be covered by mining licence, prospecting licence or retention licence
- 26AR Applicant to survey boundary of land
- 26AS Authority to enter land
- 26AT Offence not to show authority
- 26AU Security
- 26AV Insurance
Division 4--Requirements if agricultural land covered by mining licence or prospecting licence
- 26A Statement of economic significance if agricultural land covered by licence
- 26B Excision of agricultural land from a licence
- 26C Notice of excision dispute
- 26D Resolution of excision disputes
- 26E Offence to divulge details of a statement of economic significance
Division 5--Tenders for licences
- 27 Tendering process
- 27A Acceptance of tender
- 27B Advertising and notice requirements
- 27C Consultation and notification requirements
- 27D Application of provisions to tenders
- 27E Minister may not accept any tenders
Division 6--Renewals of licences
Division 7--Changes to licences
- 33 Transfer of licence
- 33A Transfer of land from one mining licence to another
- 33B Mining licence may be split and transferred
- 34 Variation of licence
- 35 Combined conditions
- 36 Amalgamation of licences
- 36A Expedited procedure for replacement of invalidated title
Division 8--Surrender and cancellation of licences
Division 9--Mine stability levy for Latrobe Valley
- 38AAA Definitions
- 38AAB Mine stability levy imposed
- 38AAC Who is liable for mine stability levy?
- 38AAD Amount of the mine stability levy
- 38AAE When and how is the mine stability levy to be paid?
PART 3--WORK UNDER A LICENCE
- 39 Work must be approved
- 39A Licensee's duty to consult with community
- 40 Work plan
- 40A Work plan—approval
- 41 Application for variation of work plan
- 41AA Department Head may direct licensee to lodge application for variation of work plan
- 41AAB Approval of variation of work plan
- 41A Minister may require impact statement
- 41AB Reporting requirements for declared mines
- 41AC Chief Inspector to be notified of reportable events in relation to exploration or mining
- 41AD Licensee to submit area work plan schedule
- 41AE Variation application must be made if mine is declared
- 42 Commencement of work under mining licence or prospecting licence
- 42A Planning permits not required for some work variations
- 43 Commencement of work under exploration licence or retention licence
- 43A Effect of contraventions
- 43B Certain consents etc. not required in case of unrestricted Crown land
- 44 Particular consents etc. required
- 45 Prohibition of work near dwellings and certain places and sites
- 45A Certain exploration and mining work complies with section 45
- 46 Minister may authorise work near dwelling house
- 47 New consent or authorisation for certain work plan variations
- 47A Management of worksites
PART 4A--ADVISORY PANELS
Division 1--Appointment of panels
- 54A Appointment of advisory panels
- 54B Composition of panel
- 54C Chairperson
- 54D Terms of reference
- 54E Terms and conditions of appointment
Division 2--Procedure of panels
- 54F Procedure of panel
- 54G Directions about hearings
- 54H Hearings to be in public
- 54I Procedure for hearing submissions
- 54J Adjournment of hearings
- 54K Panel may regulate its own proceedings
- 54L Panel may take into account any relevant matter
- 54M Report of panel
PART 5--OTHER AUTHORITIES
Division 1--Miner's rights
- 55 Miner's right
- 56 Who may grant a miner's right
- 57 Grant of miner's right
- 58 Obligations of holder
Division 2--Tourist fossicking authorities
- 59 Tourist fossicking authority
- 60 Application for tourist fossicking authority
- 61 Grant or refusal of tourist fossicking authority
- 62 Obligations of holder
PART 6--MINING REGISTER
- 69 Functions of Department Head regarding mining register
- 70 Effect of registration
- 71 Creation etc. of interests in licences
- 72 Devolution of rights of licensee
- 73 Correction of register
- 74 Disclosure of registered information
- 75 Survey standards
- 76 Evidence
- 77 Offences
PART 6A--EXTRACTIVE INDUSTRIES--WORK AUTHORITIES AND OTHER MATTERS
Division 1--Searching for stone
- 77A Consent to search for stone on certain land
- 77B Depth restriction on searching for stone on land adjacent to waterways or water infrastructure
- 77C Notice of proposed searching for stone on land on which there are roads etc.
Division 2--Work plans and extractive industry work authorities
- 77G Work plan
- 77H Application for variation of work plan
- 77HA Department Head may direct holder to lodge application for variation of work plan
- 77HB Approval of variation of work plan
- 77HC Planning permits not required for some work variations
- 77I Extractive industry work authorities
- 77J Conditions of extractive industry work authorities
- 77K Extractive industry work authority holder's duty to consult with community
- 77KA Chief Inspector to be notified of reportable events in relation to quarries
- 77KB Variation application must be made if quarry is declared
- 77L Period of extractive industry work authority
- 77M Variation of an extractive industry work authority
- 77N Transfer of an extractive industry work authority
- 77O Cancellation of an extractive industry work authority
- 77OA Surrender of an extractive industry work authority
Division 3--Managers
- 77Q Manager must be appointed
Division 4--Planning requirements
- 77R Powers to amend planning scheme
- 77S Land subject to a licence under Part 2
- 77T Environment Effects Statement
PART 6B--STATUTORY ENDORSEMENT OF WORK PLANS
- 77TA Definitions
- 77TB Application of Part
- 77TC Giving of work plan or variation to approved work plan for statutory endorsement
- 77TD Department Head may endorse work plan or variation to approved work plan
- 77TE Department Head must give work plan or variation application to referral authority
- 77TF Referral authority must consider work plan and variation of approved work plan
- 77TG Interrelationship with the Planning and Environment Act 1987
PART 6C--REVIEW
- 77TI Review by Tribunal
- 77TJ Application for review
- 77U Definitions
- 78 Licensee must rehabilitate land
- 78A Holder of extractive industry work authority must rehabilitate land
- 79 Rehabilitation plan
- 79A Rehabilitation liability assessment
- 80 Rehabilitation bond
- 81 Rehabilitation
- 81A Certification that land has been rehabilitated
- 82 Return of bond if rehabilitation satisfactory
- 83 Minister may carry out rehabilitation
- 83A Payment of bond into Declared Mine Fund on cancellation of licence
- 84 Payment out of Consolidated Fund
PART 7A--MINE LAND REHABILITATION AUTHORITY
Division 1--Preliminary
Division 2--Establishment of Rehabilitation Authority and the Board
- 84AD Mine Land Rehabilitation Authority
- 84AE Objectives of the Rehabilitation Authority
- 84AF Rehabilitation Authority powers relating to property
- 84AG Board of Rehabilitation Authority
- 84AH Appointment of members of the Board
- 84AI Remuneration
- 84AJ Terms and conditions of appointment
- 84AK Acting appointment
- 84AKA Resignation
- 84AKB Removal from office
- 84AKC Chairperson of the Board
- 84AKD Deputy chairperson of the Board
Division 3--Functions and powers
- 84AL Functions and powers of the Rehabilitation Authority
- 84AM Rehabilitation Authority to have regard to objective, regional rehabilitation strategy and regulatory framework
- 84AN Staff to be provided
- 84AO Assistance to be provided by the Department Head
- 84AP Assistance to be provided by a public sector body and a declared mine licensee
Division 4--Investigations by the Rehabilitation Authority
- 84AQ Minister may refer a matter for investigation to the Rehabilitation Authority
- 84AR Power of entry and inspection without consent
- 84AS Occupier or apparent occupier of land must assist authorised officer to enter
- 84AT Occupier or apparent occupier of land must assist authorised officer to inspect
- 84AU Authorised officers under this Division
- 84AV Authorised officer's identity cards
Division 5--Giving of documents or other things
- 84AW Giving of documents or other things to the Rehabilitation Authority by declared mine licensees
- 84AX Giving of documents or other things to the Rehabilitation Authority by public sector bodies
- 84AY Confidentiality of document or other thing given under a notice
Division 6--Information gathering by the Rehabilitation Authority
- 84AZ Definition
- 84AZA Notice requiring documents or information from public sector body
- 84AZB Notice requiring documents or information from declared mine licensee
Division 7--Monitoring framework
- 84AZC Rehabilitation Authority must prepare monitoring framework
- 84AZD Making the monitoring framework
- 84AZE Amendment of monitoring framework
- 84AZF Making an amendment to the monitoring framework
Division 8--Reports and reviews of the Rehabilitation Authority
- 84AZG Report of referral investigation
- 84AZH Annual report of Rehabilitation Authority
- 84AZI Consultation
- 84AZJ Reports to the Minister
- 84AZK Rehabilitation Authority review of research plans of declared mine licensee
Division 9--Protections for persons acting under this Part
- 84AZL Protection against self-incrimination
PART 7B--REGIONAL REHABILITATION STRATEGY
- 84AZM Minister must prepare a strategy for the rehabilitation of coal mine land
- 84AZN Publication of regional rehabilitation strategy
- 84AZO Review of regional rehabilitation strategy
- 84AZP Amendment of regional rehabilitation strategy
- 84AZQ Publication of amendment to regional rehabilitation strategy
- 84AZR Minister must consult
PART 7C--DECLARED MINE LAND REHABILITATION
Division 1--Preliminary
- 84AZS Definitions
- 84AZT Ministerial direction—declared mine land
Division 2--Declared mine rehabilitation plans
- 84AZU Declared mine licensee to prepare plan for rehabilitation of land
- 84AZV Department Head to consider plan for rehabilitation of declared mine land
- 84AZW Application for variation of declared mine rehabilitation plan
- 84AZX Department Head may direct declared mine licensee to apply for variation of declared mine rehabilitation plan
Division 3--Closure of mine, registration of declared mine land and post-closure plan
- 84AZY Application for determination that closure criteria have been met
- 84AZZ Consideration of application that closure criteria have been met
- 84AZZA Determination of application—closure criteria
- 84AZZB Closure criteria for declared mine land met
- 84AZZC Registration of declared mine land
Division 4--Registered post-closure plans recorded and transfer of registered mine land
- 84AZZD Registered post-closure plan recorded on title
- 84AZZE Removal of registered post-closure plan from title
- 84AZZF Transfer of registered mine land to Rehabilitation Authority
Division 5--Declared Mine Fund
- 84AZZG Declared Mine Fund
- 84AZZH Payments into the Fund
- 84AZZI Payments out of the Fund
- 84AZZJ Delegation of power to authorise payments
Division 6--Monitoring and maintenance of registered mine land
- 84AZZK Functions and powers of the Rehabilitation Authority—registered mine land
Division 7--Register of declared mine land
- 84AZZL Register of declared mine land
- 84AZZM Removal of registered mine land from the Register
PART 8--COMPENSATION
- 84A Application of this Division
- 85 What compensation is payable for
- 85A What compensation is payable for—Crown land
- 86 When a claim can be made
- 87 Compensation agreement
- 88 Determination of compensation disputes
- 88A Determination of disputes—Crown land
- 89 Limit on total amount of compensation
- 89AB Measure of compensation payable under section 89AA
PART 8A--CODES OF PRACTICE
- 89A Power to make Codes of Practice
- 89B Variation and revocation of Code of Practice
- 89C Advertising of draft Code of Practice, variation or revocation
- 89D Consideration of submissions
- 89E How is a Code of Practice made?
- 89F Availability of Code of Practice
- 89G Code of Practice
- 89H Use of Code of Practice in proceedings
PART 9--INSPECTORS
Division 1--Employment of inspectors
- 90 Employment of inspectors
- 91 Delegation by Chief Inspector
- 92 Identity cards
Division 2--Performance of functions or exercise of powers
- 93 Inspectors subject to Department Head's directions
Division 3--Powers relating to entry
- 94 Power to enter
- 95 General powers on entry
- 95A Power to require production of documents etc.
- 95B Power to take samples
Division 4--Procedure relating to entry
Division 5--Search warrants
- 95E Definition
- 95F Issue of search warrants
- 95G Announcement before entry on warrant
- 95H Copy of warrant to be given to occupier
Division 6--Limitation on entry powers
- 95I Places used for residential purposes
Division 7--Return and forfeiture of seized things
Division 8--Other powers
Division 9--Other matters
- 95N Occupier must assist inspector
- 95O Other assistance in exercising powers
- 95P Inspector may take affidavits
- 95Q Inspector may copy documents
Division 10--Offences
- 95R Offences in relation to inspections
Division 11--Protection of privileges
- 95S Protection against self-incrimination
- 95T Legal professional privilege and client legal privilege not affected
PART 11--MINING WARDENS
- 96 Appointment of mining wardens
- 97 Disputes
- 98 Matters referred to mining warden
- 99 Powers of mining warden
- 100 Conduct of hearing
- 101 Evidence not admissible in other proceedings
- 102 Validity of acts or decisions
- 103 Discontinuance of investigation
- 104 Costs
- 105 Annual report
PART 12--ENFORCEMENT
Division 1--Definitions
- 105A Definitions
Division 2--Infringements
- 106 Infringements
Division 3--Enforceable undertakings
Division 4--Remedial notices and orders and enforcement orders
- 110 Notice requiring authority holder to take action or stop work
- 110AA Injunction for non-compliance with notice
- 110AB Minister may take action required by injunction or order
- 110AC Offence to hinder or obstruct remedial action
- 110AD Immunity for remedial action
- 110AE Compensation for remedial action
- 110AF When claim for compensation for remedial action can be made
- 110AG Recovery of costs and compensation by Minister
- 110A Enforcement order
- 110B Notice requiring owner of registered mine land to take action or stop work
- 110C Review of decision to issue notice to owner of registered mine land
Division 5--General
PART 13--MISCELLANEOUS
- 112 Surveys, searches and drilling operations
- 112A Minister may require review of economic viability of mining of minerals to which a retention licence applies
- 113 Discovery of uranium or thorium to be reported
- 113A Discovery of coal seam gas to be reported
- 114 Abandoned plant becomes property of the Crown
- 115 Occupiers liability
- 116 Licensee must supply information
- 116A Holder of extractive industry work authority or consent to supply information
- 117 Obtaining licence or other authority dishonestly
- 118 Pecuniary interests
- 119 Secrecy
- 120 Delegation
- 120A Ministerial guidelines
- 121 Immunity
- 121A State liability
- 121B Minister may pay for surrender of licences
- 122 Service of documents
- 123 Supreme Court—limitation of jurisdiction
- 124 Regulations
PART 14--REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONALS
- 127 Validation of existing titles
- 129 Savings and transitionals
- 130 Saving and transitional provisions—2000 amendments
- 131 Saving and transitional provisions—2001 amendments
- 132 Transitional provision—2005 amendments
- 133 Validation of certain exploration and mining work—2006 amendments
- 134 Change of title provision—2006 amendments
- 135 Transitional provision—2006 amendments
- 135A Transitional provision—2010 amendments abolishing the Mining and Environment Advisory Committee
- 136 Saving and transitional provisions—2009 amendments
- 137 Savings and transitional provisions—2010 amendments
- 138 Transitional provision—2012 amendments
- 139 Savings and transitional provisions—2014 amendments
- 140 Savings and transitional provisions—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
- 141 Transitional provision—Mineral Resources (Sustainable Development) Amendment Act 2019
- 142 Transitional provisions—Mineral Resources (Sustainable Development) Amendment Act 2019