Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010

1 Objectives 1

2 Authorising provision 1

3 Definitions 1 Part 2—Work plans and extractive industry work authorities 3

4 Fee for lodging a work plan 3

5 Information to be contained in work plans 3

6 Fee for application to vary a work plan 3

7 Prescribed information to be contained in application for variation of work plan 3

8 Fee for application for work authority 4

8A Annual fee for work authority granted 4

9 Fee for request to vary a work authority 5

10 Fee for transfer of work authority 5

11 Annual report 5

12 Information relating to injuries arising out of work done under work authority 5

13 Information relating to reportable events at quarries 6

14 Report relating to declared quarries 8

16 Certain information to be kept at the worksite 9 Part 3—Royalties 10

17 Calculation of royalties 10

18 Payment of royalties and retention of records 10 Part 4—Extractive industry infringements 12

19 Infringement offences 12 Authorised by the Chief Parliamentary Counsel i Regulation Page Schedules 13 Schedule 1AA—Fee for lodging a work plan 13 Schedule 1 17 Schedule 1A—Fee for application to vary a work plan 22 Schedule 1B—Fees relating to work authorities 28 Schedule 1C—Annual fee for work authority granted 29 Schedule 2 32 Schedule 3—Rate of royalties 37 Schedule 4—Infringement offences 38 ═══════════════ Endnotes 40

1 General information 40

2 Table of Amendments 42

3 Amendments Not in Operation 43

4 Explanatory details 44 Authorised by the Chief Parliamentary Counsel ii Authorised Version No. 005 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Authorised Version incorporating amendments as at

8 December 2015 Part 1—Preliminary

1 Objectives The objectives of these Regulations are to prescribe— (a) various procedures relating to work plans and extractive industry work authorities; and (b) matters relating to royalties; and (c) fees, forms and other matters authorised by the Act; and (d) certain offences as infringement offences.

2 Authorising provision These Regulations are made under section 124 of the Mineral Resources (Sustainable Development) Act 1990.

3 Definitions Reg. 3 substituted by S.R. Nos In these Regulations–– 154/2014 reg. 5, quarrying hazard means any quarrying activity 150/2015 and circumstance that may pose a risk to reg. 5. the environment, to any member of the public or to land, property or infrastructure in the vicinity of work carried out at a quarry; Authorised by the Chief Parliamentary Counsel 1 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 1—Preliminary the Act means the Mineral Resources (Sustainable Development) Act 1990. Authorised by the Chief Parliamentary Counsel 2 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 2—Work plans and extractive industry work authorities Part 2—Work plans and extractive industry work authorities

4 Fee for lodging a work plan Reg. 4 amended by A person who lodges a work plan with the S.R. No. Department Head under section 77G(1) of the Act 154/2014 reg. 6. must pay the fee specified in Schedule 1AA.

5 Information to be contained in work plans Reg. 5 substituted by S.R. No. A work plan must contain the following— 150/2015 reg. 6. (a) in the case of a declared quarry, the information set out in Part 1 and Part 2 of Schedule 1; (b) in any other case, the information set out in Part 1 of Schedule 1.

6 Fee for application to vary a work plan (1) Subject to subregulation (2), the holder of an Reg. 6(1) amended by extractive industry work authority who, under S.R. No. section 77H(3) of the Act, lodges an application 154/2014 reg. 7. for the approval of a variation of a work plan must pay the fee specified in Schedule 1A. (2) Subregulation (1) does not apply to the holder of an extractive industry work authority who lodges an application to vary a work plan in accordance with a direction under section 77H(2) of the Act.

7 Prescribed information to be contained in Reg. 7 substituted by application for variation of work plan S.R. No. 150/2015 For the purposes of section 77H(2) of the Act, the reg. 7. prescribed information is–– (a) a description of any new or changed quarrying hazard arising from the proposed changes to the work set out in the work plan that significantly increases the risks posed to the environment, to any member of the Authorised by the Chief Parliamentary Counsel 3 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 2—Work plans and extractive industry work authorities public or to land, property or infrastructure in the vicinity of the relevant work; and (b) the information that relates to, and is applicable to, the proposed changes to the work that is set out in items 3.1 and 4.1 of Part 1 of Schedule 1 in relation to any new or changed quarrying hazard described under paragraph (a); and (c) the information that relates to, and is applicable to, the proposed changes to the rehabilitation plan that is set out in item 5.1 of Schedule 1; and (d) the information that relates to, and is applicable to, the proposed changes to the community engagement plan that is set out in item 6.1 of Schedule 1; and (e) in the case of work proposed to be carried out in a declared quarry, the information that relates to, and is applicable to, the proposed changes to the work that may affect quarry stability that is set out in Part 2 of Schedule 1; and (f) a description of how the proposed variation to the work plan relates to the current approved work plan. Reg. 8 8 Fee for application for work authority substituted by S.R. No. 154/2014 A person who, under section 77I(1) of the Act, reg. 8. applies for an authority to carry out an extractive industry on land must pay the fee specified in item 1 of Schedule 1B for the date on which the application is made. Reg. 8A 8A Annual fee for work authority granted inserted by S.R. No. 154/2014 (1) A person who, under section 77I(2) of the Act, is reg. 9. granted an extractive industry work authority must, for each financial year in which the Authorised by the Chief Parliamentary Counsel 4 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 2—Work plans and extractive industry work authorities authority is in force, pay the fee specified in Schedule 1C for that financial year. (2) A fee payable under subregulation (1) must be paid no later than 31 July following the end of the financial year for which the fee is payable.

9 Fee for request to vary a work authority Reg. 9 amended by S.R. No. A person who, under section 77M(2)(a) of the 154/2014 Act, requests a variation of an extractive industry reg. 10. work authority must pay the fee specified in item 2 of Schedule 1B for the date on which the request is made.

10 Fee for transfer of work authority Reg. 10 amended by S.R. No. A person who, under section 77N of the Act, 154/2014 seeks the consent of the Minister to transfer an reg. 11. extractive industry work authority must pay the fee specified in item 3 of Schedule 1B for the date on which the consent is sought.

11 Annual report For the purposes of section 116A(1) of the Act, in relation to work done under an extractive industry work authority within each financial year— (a) the prescribed form is the form in Schedule 2; and (b) the prescribed information is the information set out in the form in Schedule 2; and (c) the prescribed time is no later than 31 July next following the end of the financial year to which the information relates.

12 Information relating to injuries arising out of work done under work authority For the purposes of section 116A(1) of the Act, in relation to any injuries arising out of work done under an extractive industry work authority— Authorised by the Chief Parliamentary Counsel 5 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 2—Work plans and extractive industry work authorities (a) the prescribed form is in writing accompanied by a statutory declaration signed by the holder of the authority verifying that the contents of the summary are true and accurate; and (b) the prescribed information is a summary of statistics of any injuries arising out of work done under the authority within the following periods in each year— (i) the period beginning on 1 January and ending on 30 June; (ii) the period beginning on 1 July and ending on 31 December; and (c) the prescribed time is no later than 4 weeks after the end of the period to which the information relates.

13 Information relating to reportable events at quarries (1) For the purposes of section 116A(1) of the Act, in relation to any reportable event arising out of work done under an extractive industry work authority— (a) the prescribed form of furnishing the information is in writing containing the relevant prescribed information set out in paragraph (b); (b) the prescribed information is— (i) a report of the reportable event notifying the Minister of the event, either orally or in writing, including— (A) the date, time and place of the event; (B) a description of the event; Authorised by the Chief Parliamentary Counsel 6 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 2—Work plans and extractive industry work authorities (C) the steps taken to minimise the impact of the event; and (ii) if the Minister so requests, a written report of the reportable event, providing further details to the Minister about the event, including— (A) the date, time and place of the event; (B) the details of the event, including the impact, or likely impact, of the event on public safety, the environment or infrastructure; (C) any known or suspected causes of the event; (D) details of the actions taken to minimise the impact of the event; (E) details of actions taken or proposed to be taken to prevent a recurrence of the event; (c) the prescribed time is as soon as practicable after the event has occurred. (2) In this regulation reportable event means— (a) an event, abnormal to expected, or usual, operations, that results, or may result, in significant impacts on public safety, the environment or infrastructure; (b) an explosion or major outbreak of fire; (c) slope failure, unexpected creep, progressive slope collapse or failure of slope stability control measures; (d) an injury to a member of the public caused by the carrying out of the extractive industry or associated operations; Authorised by the Chief Parliamentary Counsel 7 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 2—Work plans and extractive industry work authorities (e) an uncontrolled outburst of gas; (f) an unexpected or abnormal inrush of groundwater, other water or other fluid; (g) an ejection of flyrock outside the worksite from blasting; (h) an escape, spillage or leakage of a harmful or potentially harmful— (i) substance; or (ii) slurry; or (iii) tailings; or (i) a breach of a condition of the extractive industry work authority; (j) an occurrence that results in non-compliance with the work plan or work plan conditions.

14 Report relating to declared quarries (1) The holder of an extractive industry work authority that relates to a declared quarry— (a) must prepare a report in writing in respect of each period of 6 months— (i) ending on 30 June or 31 December; or (ii) if the Minister nominates other dates in writing to the holder, ending on a date so nominated; and (b) must provide the report to the Minister within 3 months after the end of the period to which it relates. (2) A report under subregulation (1) must include— (a) the outcomes of reviews of the assessment, plan and controls for the management of geotechnical and hydrogeological risks for the declared quarry, taking into account the Authorised by the Chief Parliamentary Counsel 8 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 2—Work plans and extractive industry work authorities results of monitoring carried out under the monitoring plan and details of— (i) the implementation of control measures; (ii) any stability modelling undertaken; (iii) any significant changes in the operation of the declared quarry; (iv) implications for the quarry design components; (b) the results of the monitoring plan set out in the work plan; (c) a description of activities taken to implement the declared quarry stability controls and the groundwater control system set out in Part 2 of Schedule 1 and any recommended changes to the work plan. * * * * * Reg. 15 revoked by S.R. No. 154/2014 reg. 12.

16 Certain information to be kept at the worksite The holder of an extractive industry work authority must ensure that— (a) a copy of the authority; and (b) any conditions that attach to the authority; and (c) the current approved work plan— are kept at the worksite or other place where an extractive industry activity to which the authority relates is being carried out for the use and information of the manager of the extractive industry activity. Penalty: 10 penalty units. Authorised by the Chief Parliamentary Counsel 9 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 3—Royalties Part 3—Royalties

17 Calculation of royalties (1) Unless otherwise specified in an extractive industry work authority or waived or varied under section 12(4) of the Act, royalties are assessable with respect to stone extracted from Crown land at the applicable rate specified in Schedule 3— (a) upon that stone being sold or otherwise removed from the land in respect of which an extractive industry work authority is granted; or (b) if that stone is intended for use in the manufacture of concrete, asphalt, bricks, tiles or cement products on the same site where the stone is extracted, upon that stone being extracted. (2) For the purposes of the determination and payment of royalties in accordance with section 5AB of the Act in respect of the leased area within the meaning of the Mines (Aluminium Agreement) Act 1961, a reference in these Regulations to Crown land includes a reference to the leased area.

18 Payment of royalties and retention of records (1) Unless otherwise specified in an extractive industry work authority, royalties in respect of a financial year must be paid no later than 31 July next following the end of the financial year. (2) The holder of an extractive industry work authority must ensure that the payment under subregulation (1) is supported by a statutory declaration and accompanied by a return in the form set out in Part 3 of Schedule 2 showing the Authorised by the Chief Parliamentary Counsel 10 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 3—Royalties amount of stone on which royalties are payable in respect of the financial year. Penalty: 20 penalty units. (3) The holder of an extractive industry work authority must retain copies of records of sales and extractions for inspection purposes for 6 years. Penalty: 10 penalty units. Authorised by the Chief Parliamentary Counsel 11 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Part 4—Extractive industry infringements Part 4—Extractive industry infringements

19 Infringement offences (1) For the purposes of Part 12 of the Act, an offence set out in column 2 of an item in Schedule 4 is prescribed as an infringement offence. (2) For the purposes of section 106(3) of the Act, the penalty prescribed for an offence set out in column 2 of an item in Schedule 4 is the penalty set out in column 4 of that item. Authorised by the Chief Parliamentary Counsel 12 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedules Schedules Sch. 1AA Schedule 1AA—Fee for lodging a work plan inserted by S.R. No. Regulation 4 154/2014 reg. 13. (1) The fee for lodging a work plan with the Department Head under section 77G(1) of the Act on or after 1 January 2015 and before 1 January 2016 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table. Column 1 Column 2 Column 3 Item Category Fee EES SE work work plan plan

1 Extractive industry work 42 fee N/A authority granted over an area units of less than 5 hectares

2 Quarry with no blasting 104⋅9 fee 419⋅5 fee involved and has no sensitive units units locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones)

3 Quarry with no blasting 125⋅8 fee 419⋅5 fee involved and has one or more units units sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) Authorised by the Chief Parliamentary Counsel 13 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1AA—Fee for lodging a work plan Column 1 Column 2 Column 3 Item Category Fee EES SE work work plan plan

4 Quarry with blasting 104⋅9 fee 419⋅5 fee involved and has no sensitive units units locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones)

5 Quarry with blasting 251⋅7 fee 839 fee involved and has one or more units units sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) (2) The fee for lodging a work plan with the Department Head under section 77G(1) of the Act on or after 1 January 2016 and before 1 January 2017 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table. Column 1 Column 2 Column 3 Item Category Fee EES SE work work plan plan

1 Extractive industry work 82⋅7 fee N/A authority granted over an area units of less than 5 hectares

2 Quarry with no blasting 206⋅6 fee 826⋅6 fee involved and has no sensitive units units locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) Authorised by the Chief Parliamentary Counsel 14 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1AA—Fee for lodging a work plan Column 1 Column 2 Column 3 Item Category Fee EES SE work work plan plan

3 Quarry with no blasting 248 fee 826⋅6 fee involved and has one or more units units sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones)

4 Quarry with blasting 206⋅6 fee 826⋅6 fee involved and has no sensitive units units locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones)

5 Quarry with blasting 496 fee 1653⋅2 involved and has one or more units fee units sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) (3) The fee for lodging a work plan with the Department Head under section 77G(1) of the Act on or after 1 January 2017 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table. Authorised by the Chief Parliamentary Counsel 15 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1AA—Fee for lodging a work plan Column 1 Column 2 Column 3 Item Category Fee EES SE work work plan plan

1 Extractive industry work 123⋅4 fee N/A authority granted over an area units of less than 5 hectares

2 Quarry with no blasting 308⋅4 fee 1233⋅8 involved and has no sensitive units fee units locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones)

3 Quarry with no blasting 370⋅1 fee 1233⋅8 involved and has one or more units fee units sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones)

4 Quarry with blasting 308⋅4 fee 1233⋅8 involved and has no sensitive units fee units locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones)

5 Quarry with blasting 740⋅3 fee 2467⋅5 involved and has one or more units fee units sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) Authorised by the Chief Parliamentary Counsel 16 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1AA—Fee for lodging a work plan Schedule 1 Sch. 1 substituted by S.R. No. Part 1—Information required in a work plan 150/2015 reg. 8. for a quarry Regulations 5, 7, 13 and 14

1 Description of proposed work 1.1 A location map of the work plan area and surrounding areas, drawn at an appropriate scale, that shows the following–– (a) the extent and status of Crown lands and private lands; (b) residential, commercial and industrial development; (c) public facilities and infrastructure; (d) rivers and streams within the work plan area and within 2 kilometres of the proposed work plan area; (e) for private land within the proposed work plan area, any depth limitations on the land titles. 1.2 A general description of geological information pertaining to the proposed work, including stratigraphy, any adverse geological structures, the types of stone to be extracted and the estimated stone resources and reserves. 1.3 A general description of the quarry operations, that includes the following–– (a) method and scale of extraction; (b) stone processing methods and facilities; (c) waste disposal methods and facilities; (d) stockpiling facilities; (e) other quarry infrastructure. Authorised by the Chief Parliamentary Counsel 17 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1AA—Fee for lodging a work plan 1.4 A site map, drawn at an appropriate scale, showing the general layout of the quarry and associated facilities and infrastructure. 1.5 A description of sensitive receptors (including their location), in relation to the environment, any member of the public, or land, property or infrastructure in the vicinity of the proposed work.

2 Identification of quarrying hazards 2.1 An identification of quarrying hazards that may arise from each phase of the proposed work, including set up/ construction, operations/production and rehabilitation/closure.

3 Identification and assessment of risk 3.1 An identification and assessment of the risks that the identified quarrying hazards may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work. 3.2 For the purposes of item 3.1, an assessment of risks posed by a quarrying hazard must have regard to— (a) the nature of the quarrying hazard; and (b) the likelihood of the quarrying hazard causing, or contributing to, any harm or damage to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; and (c) the severity or consequence of the harm or damage that may be caused. Authorised by the Chief Parliamentary Counsel 18 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1AA—Fee for lodging a work plan

4 Risk management plan 4.1 A risk management plan that–– (a) specifies the control measures to eliminate or minimise, as far as reasonably practicable, the identified risks associated with quarrying hazards; and (b) specifies the objectives, standards or acceptance criteria that each control measure or a combination of control measures will achieve; and (c) includes a monitoring program that will measure performance against all the specified objectives, standards and acceptance criteria; and (d) specifies arrangements for reporting on performance against all the specified objectives, standards and acceptance criteria.

5 Rehabilitation plan 5.1 A rehabilitation plan that— (a) addresses concepts for the end utilisation of the proposed quarry site; and (b) includes proposals for the progressive rehabilitation, stabilisation and revegetation of extraction areas, waste disposal areas, stockpile areas, dams and other land affected by the operations; and (c) includes proposals for landscaping to minimise the visual impact of the quarry site; and (d) includes proposals for the final rehabilitation and closure of the site, including the security of the site and the removal of plant and equipment, taking into account any potential long term degradation of the environment. Authorised by the Chief Parliamentary Counsel 19 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1AA—Fee for lodging a work plan

6 Community engagement plan 6.1 A community engagement plan that— (a) identifies any community likely to be affected by the quarry operations; and (b) in relation to quarry operations, includes proposals for— (i) identifying community attitudes and expectations; and (ii) providing information to the community; and (iii) receiving feedback from the community; and (iv) analysing community feedback and considering community concerns or expectations; and (c) includes a proposal for registering, documenting and responding to complaints and other communications from members of the community in relation to the quarry operations. Part 2—Declared quarry stability requirements and processes

1 Any geological information, in addition to that provided under Part 1, that is relevant to the stability of the declared quarry, including a plan showing cross-sections and long sections of the proposed extraction area of the declared quarry.

2 An assessment of the geotechnical and hydrogeological risks for the declared quarry.

3 A description of the control measures that will be implemented to eliminate or reduce the geotechnical or hydrogeological risks to an acceptable level including— Authorised by the Chief Parliamentary Counsel 20 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1AA—Fee for lodging a work plan (a) a description of any proposed groundwater control system; and (b) particulars of other measures to ensure the stability of the quarry, associated infrastructure and adjacent land.

4 A plan for monitoring the stability and groundwater management of the declared quarry.

5 A description of the process for reviews of the assessment, plan, actions and control measures referred to in this Part relating to the declared quarry. Authorised by the Chief Parliamentary Counsel 21 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1A—Fee for application to vary a work plan Sch. 1A inserted by Schedule 1A—Fee for application to vary a S.R. No. 154/2014 work plan reg. 14. Regulation 6 (1) The fee for lodging an application under section 77H(3) of the Act for the approval of a variation of a work plan on or after 1 January 2015 and before 1 January 2016 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table. Column 1 Column 2 Column 3 Item Category Fee EES Other SE work work work plan plan plan

1 Extractive 38⋅9 fee N/A 13 fee industry work units units authority granted over an area of less than 5 hectares

2 Quarry with no 103⋅7 fee 388⋅9 fee 32⋅4 fee blasting involved units units units and has no sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) Authorised by the Chief Parliamentary Counsel 22 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1A—Fee for application to vary a work plan Column 1 Column 2 Column 3 Item Category Fee EES Other SE work work work plan plan plan

3 Quarry with no 129⋅6 fee 388⋅9 fee 38⋅9 fee blasting involved units units units and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones)

4 Quarry with 103⋅7 fee 388⋅9 fee 32⋅4 fee blasting involved units units units and has no sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones)

5 Quarry with 259⋅3 fee 777⋅8 fee 77⋅8 fee blasting involved units units units and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) Authorised by the Chief Parliamentary Counsel 23 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1A—Fee for application to vary a work plan (2) The fee for lodging an application under section 77H(3) of the Act for the approval of a work plan on or after

1 January 2016 and before 1 January 2017 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table. Column 1 Column 2 Column 3 Item Category Fee EES Other SE work work work plan plan plan

1 Extractive 76⋅6 fee N/A 25⋅5 fee industry work units units authority granted over an area of less than 5 hectares

2 Quarry with no 204⋅4 fee 766⋅3 fee 63⋅9 fee blasting involved units units units and has no sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones)

3 Quarry with no 255⋅5 fee 766⋅3 fee 76⋅6 fee blasting involved units units units and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) Authorised by the Chief Parliamentary Counsel 24 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1A—Fee for application to vary a work plan Column 1 Column 2 Column 3 Item Category Fee EES Other SE work work work plan plan plan

4 Quarry with 204⋅4 fee 766⋅3 fee 63⋅9 fee blasting involved units units units and has no sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones)

5 Quarry with 510⋅9 fee 1532⋅6 153⋅3 fee blasting involved units fee units units and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) (3) The fee for lodging an application under section 77H(3) of the Act for the approval of a work plan on or after

1 January 2017 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table. Authorised by the Chief Parliamentary Counsel 25 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1A—Fee for application to vary a work plan Column 1 Column 2 Column 3 Item Category Fee EES Other SE work work work plan plan plan

1 Extractive 114⋅4 fee N/A 38⋅1 fee industry work units units authority granted over an area of less than 5 hectares

2 Quarry with no 305 fee 1143⋅8 95⋅3 fee blasting involved units fee units units and has no sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones)

3 Quarry with no 381⋅3 fee 1143⋅8 114⋅4 fee blasting involved units fee units units and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) Authorised by the Chief Parliamentary Counsel 26 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010

Schedule 1A—Fee for application to vary a work plan Column 1 Column 2 Column 3 Item Category Fee EES Other SE work work work plan plan plan 4 Quarry with 305 fee 1143⋅8 95⋅3 fee blasting involved units fee units units and has no sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) 5 Quarry with 762⋅5 fee 2287⋅5 228⋅8 fee blasting involved units fee units units and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) Authorised by the Chief Parliamentary Counsel 27 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1B—Fees relating to work authorities Sch. 1B inserted by

Schedule 1B—Fees relating to work S.R. No. 154/2014 authorities reg. 14. Regulations 8, 9 and 10 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Fee on or Fee on or after after 1 January 1 January Fee on or 2015 to 2016 to after 31 December 31 December 1 January Item No. Reg. No. Nature of fee 2015 2016 2017 1 8 Fee for 30⋅1 fee 59⋅3 fee 88⋅5 fee application units units units for work authority 2 9 Fee for 6⋅8 fee 13⋅4 fee 20 fee request to units units units vary a work authority 3 10 Fee for 4⋅7 fee 9⋅2 fee 13⋅7 fee transfer of units units units work authority Authorised by the Chief Parliamentary Counsel 28 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1C—Annual fee for work authority granted Schedule 1C—Annual fee for work authority Sch. 1C inserted by granted S.R. No. 154/2014 Regulation 8A reg. 14. (1) The annual fee for an extractive industry work authority under which a total useable quantity of product with a value of total sales at gate specified in column 2 of the following Table is produced during the financial year ending on 30 June 2015 is the fee specified in the corresponding entry in column 3 of that Table. Column 1 Column 2 Column 3 Value of total sales at gate of useable quantity produced under Item work authority Fee 1 $0 to $100 000 4⋅8 fee units 2 $100 001 to $500 000 9⋅5 fee units 3 $500 001 to $1 000 000 19 fee units 4 $1 000 001 to $5 000 000 75⋅9 fee units 5 $5 000 001 to $10 000 000 113⋅8 fee units 6 More than $10 000 000 142⋅2 fee units (2) The annual fee for an extractive industry work authority under which a total useable quantity of product with a value of total sales at gate specified in column 2 of the following Table is produced during the financial year ending on 30 June 2016 is the fee specified in the corresponding entry in column 3 of that Table. Column 1 Column 2 Column 3 Value of total sales at gate of useable quantity produced under Item work authority Fee 1 $0 to $100 000 14⋅1 fee units 2 $100 001 to $500 000 28⋅2 fee units Authorised by the Chief Parliamentary Counsel 29 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 1C—Annual fee for work authority granted Column 1 Column 2 Column 3 Value of total sales at gate of useable quantity produced under Item work authority Fee 3 $500 001 to $1 000 000 56⋅3 fee units 4 $1 000 001 to $5 000 000 225⋅4 fee units 5 $5 000 001 to $10 000 000 338 fee units 6 More than $10 000 000 422⋅5 fee units (3) The annual fee for an extractive industry work authority under which a total useable quantity of product with a value of total sales at gate specified in column 2 of the following Table is produced during the financial year ending on 30 June 2017 is the fee specified in the corresponding entry in column 3 of that Table. Column 1 Column 2 Column 3 Value of total sales at gate of useable quantity produced under Item work authority Fee 1 $0 to $100 000 23⋅3 fee units 2 $100 001 to $500 000 46⋅6 fee units 3 $500 001 to $1 000 000 93⋅1 fee units 4 $1 000 001 to $5 000 000 372⋅6 fee units 5 $5 000 001 to $10 000 000 558⋅8 fee units 6 More than $10 000 000 698⋅6 fee units (4) From 1 July 2017, the annual fee for an extractive industry work authority for a financial year during which a total useable quantity of product with a value of total sales at gate specified in column 2 of the following Table is produced under that authority is the fee specified in the corresponding entry in column 3 of that Table. Authorised by the Chief Parliamentary Counsel 30 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010

Schedule 1C—Annual fee for work authority granted Column 1 Column 2 Column 3 Value of total sales at gate of useable quantity produced under Item work authority Fee 1 $0 to $100 000 27⋅9 fee units 2 $100 001 to $500 000 55⋅8 fee units 3 $500 001 to $1 000 000 111⋅5 fee units 4 $1 000 001 to $5 000 000 446⋅2 fee units 5 $5 000 001 to $10 000 000 669⋅2 fee units 6 More than $10 000 000 836⋅6 fee units Note The total useable quantity of product produced under the extractive industry work authority and the value of total sales at gate is reported annually in accordance with section 116A of the Act. Authorised by the Chief Parliamentary Counsel 31 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 2 Schedule 2 Regulations 11 and 18 Mineral Resources (Sustainable Development) Act 1990 EXTRACTIVE INDUSTRY WORK AUTHORITY ANNUAL REPORT for the period 1 July 2 to 30 June 2 Extractive Industry Work Authority Number(s): Holder of Extractive Industry Work Authority: Location of Quarry: STATUTORY DECLARATION I, (full name) of (full address) sincerely declare— (a) that the information in Parts 1 and 2 of this Report is a true and correct statement of work done under the Extractive Industry Work Authority. (b) that the information in the Royalties Return in Part 3 of this Report is a true and correct statement of royalties payable with respect to stone sold or removed from Crown land or extracted from Crown land and used on site. (Delete if not applicable) I acknowledge that this declaration is true and correct and I make it in the belief that a person making a false declaration is liable to the penalties of perjury. Declared at in the State of Victoria on Before: (Name and address in legible writing, typing or stamp below signature.) A person authorised under section 107A(1) of the Evidence (Miscellaneous Provisions) Act 1958 to witness the signing of a statutory declaration. Person to be contacted if queries arise regarding this Report: Name: Telephone Number: Authorised by the Chief Parliamentary Counsel 32 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 2 Part 1—General Stone has been extracted or sold during the period 1 July 2 to 30 June 2 . OR Stone has not been extracted or sold during the period 1 July 2 to 3 June 2 . (Delete as appropriate) Part 2—Details of rock extracted Rock type Note 1 Product type Note 1 Total quantity (in cubic metres or tonnes) produced Note 2 Value of total sales at gate Note 3 Note 1: Rock type and Product type Choose rock type from the Table below and associated product types. Use the separate columns for each product type. Overburden from hard rock quarries should generally be shown as "fill" under the parent rock type, not as "clay and clay shale" unless used for manufacture of fired products. Note 2: Total quantity produced This is the useable quantity produced under the extractive industry work authority. (1) Include quarry products sold, used or disposed of during the period, being materials extracted from this site (including private and Crown land) and used by the holder of the extractive industry work authority or transferred to an associated operation. Authorised by the Chief Parliamentary Counsel 33 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 2 (2) Do not include products produced from raw materials imported to this site from another operation. Such imported material, treated and sold materials should be accounted for on a separate form relating to the site where they were extracted. (3) Do not include overburden material which is used internally. Note 3: Value of Total Sales at Gate Sales value should be the value at the quarry gate (ex bin) including any loading cost. If actual sales from the quarry include outward freight and cartage, that amount must be deducted for the purposes of this report. If stone is not actually sold or disposed from a site but is used on that site for the manufacture of asphalt, concrete, bricks, tiles or cement products, an estimated value of the stone prior to its use for that purpose needs to be provided. TABLE OF ROCK TYPES AND PRODUCT TYPES Rock Types Product Types Basalt Old Aggregate (i.e. aggregate, rail Basalt New ballost, filler material) single size screenings such as concrete Trachyte Road Base (Class 1 and 2 crushed Dolerite rock (CR)) Granite (incl. granodiorite, Road Sub-Base (incl. Class 3 and porphyry, microgranites) 4 CR, NDCR and track material) Rhyodacite (incl. dacite, rhyolite) Fill (incl. scalpings, spalls) Scoria Armour (incl. beaching) Tuff Dimension stone Gneiss Hornfels Marble Quartzite Schist Slate Sedimentary (usually rippable rocks incl. sandstone, shale, siltstone chert, mudstone, claystone) Authorised by the Chief Parliamentary Counsel 34 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 2 Rock Types Product Types Limestone (incl. limesand) Road Base Class 1 and 2 crushed rock (CR) Road Class Sub-Base (Class 3 and 4 CR, NDCR and track material) Fill (incl. scalpings, spalls) Dimension stone Cement Agriculture Lime Flux Industrial Filters Sand and Gravel (naturally Aggregate (i.e. single size occurring gravels, not crushed screenings such as concrete sedimentary rocks) aggregate filter materials) Road Base (Class 1 and 2 crushed rock (CR)) Road Sub-Base (include Class 3 and 4 CR, NDCR and track material) Fill (incl. scalpings, spalls) Concrete sand Fine sand (Brick, Packing Bedding, Plaster, Asphalt) Foundry sand Glass sand Industrial (silica flour, fibre glass, ceramics, etc.) Clay and Clay Shale Brick (incl. Pavers) Tile/Pipe Firebricks Stoneware (incl. Pottery, Whiteware) Fill Soil Peat Authorised by the Chief Parliamentary Counsel 35 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010

Schedule 2 Part 3—Royalties return Royalties payable with respect to stone sold or removed from Crown land or extracted from Crown land and used on the same site Quantity of stone sold or removed from Crown land or extracted from Crown land and used on the same site: Cubic Metres Tonnes *Quantity (in cubic metres or tonnes) of stone other than dimension stone or marble sold or removed from Crown land or quantity extracted from Crown land and used on the same site Cubic Metres Tonnes *Quantity (in cubic metres or tonnes) of dimension stone or marble sold or removed from Crown land or extracted from Crown land and used on the same site *This is the amount of stone on which royalties must be paid pursuant to section 12(3) of the Act— (a) include the amount of stone sold or otherwise removed from Crown land; (b) include the amount of stone extracted from Crown land and intended for use in the manufacture of concrete, asphalt, bricks, tiles or cement products on the same site where the stone is extracted. Royalties must be assessed using the appropriate column in Schedule 3 of the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 which corresponds with the method of measurement at the stage the royalties become payable under regulation 18 of those Regulations. 1 For all stone other than dimension stone and marble: cubic metres of stone @ $1.43 per cubic metre = $ tonnes of stone @ $0.87 per tonne = $ 2 For dimension stone and marble: cubic metres of stone @ $8.07 per cubic metre = $ tonnes of stone @ $3.23 per tonne = $ Authorised by the Chief Parliamentary Counsel 36 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 3—Rate of royalties

Schedule 3—Rate of royalties Regulation 17 1 Definitions In this Schedule— M3 means a cubic metre of material in the form that is the loose measurement of the material sold, removed or extracted; tonne means a tonne of material in the form that is the loose measurement of the material sold, removed or extracted. 2 Rates Type of stone Rate per m3 Rate per tonne All stone (except dimension $1.43 $0.87 stone and marble) Dimension stone and marble $8.07 $3.23 Authorised by the Chief Parliamentary Counsel 37 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Schedule 4—Infringement offences Sch. 4 amended by Schedule 4—Infringement offences S.R. No. Regulation 19 154/2014 reg. 15. Column 1 Column 2 Column 3 Column 4 Prescribed Infringement Item Infringement Offence Summary of Offence Penalty 1 An offence against Searching for stone 10 penalty section 8AA(a) of the on Crown land units Act without consent 2 An offence against Searching for stone 10 penalty section 8AA(b) of the on private land units Act without consent 3 An offence against Failing to comply 5 penalty section 8AB(2) of the with extractive units Act industry work authority when carrying out extractive industry 3A An offence against Failing to comply 25 penalty section 80(4A) of the with a requirement units in the Act to enter into a further case of a rehabilitation bond corporation or 5 penalty units in any other case 4 An offence against Failing to comply 10 penalty section 80(6) of the with notice units Act prohibiting further work 5 An offence against Failing to comply 10 penalty section 95R(2)(a) of with a lawful units the Act requirement of an inspector 6 An offence against Failing to comply 10 penalty section 110(3) of the with a notice issued units Act under section 110(2) of the Act Authorised by the Chief Parliamentary Counsel 38 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010

Schedule 4—Infringement offences Column 1 Column 2 Column 3 Column 4 Prescribed Infringement Item Infringement Offence Summary of Offence Penalty 7 An offence against Failure by holder of 2 penalty section 116A(1) of an extractive units the Act industry work authority to provide required information 8 An offence against Failing to ensure that 2 penalty regulation 16 of these required documents units Regulations and information are made available for the manager ═══════════════ Authorised by the Chief Parliamentary Counsel 39 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010, S.R. No. 3/2010 were made on 27 January 2010 by the Governor in Council under section 124 of the Mineral Resources (Sustainable Development) Act 1990, No. 92/1990 and came into operation on 27 January 2010. The Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 will sunset 10 years after the day of making on 27 January 2020 (see section 5 of the Subordinate Legislation Act 1994). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in

Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A)(2B). Authorised by the Chief Parliamentary Counsel 40 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Endnotes • Examples, diagrams or notes All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A). • Punctuation All punctuation included in a Statutory Rule which is made on or after 1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule. See section 36(3B). • Provision numbers All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after 1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 41 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Endnotes 2 Table of Amendments This publication incorporates amendments made to the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 by statutory rules, subordinate instruments and Acts. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Mineral Resources (Sustainable Development) (Extractive Industries) Amendment Regulations 2014, S.R. No. 154/2014 Date of Making: 7.10.14 Date of Commencement: Reg. 15 on 1.11.14: reg. 3(2); regs 5–14 on 1.1.15: reg. 3(1) Mineral Resources (Sustainable Development) (Extractive Industries) Amendment (Risk-Based Work Plans) Regulations 2015, S.R. No. 150/2015 Date of Making: 8.12.15 Date of Commencement: 8.12.15: reg. 3 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 42 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Endnotes 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel 43 Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 S.R. No. 3/2010 Endnotes 4 Explanatory details Fee Units These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2015 is $13.60. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2015 is $151.67. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Authorised by the Chief Parliamentary Counsel 44