Mineral Resources (Sustainable Development) Act 1990

1 Purpose 1

2 Objectives 1

2A Principles of sustainable development 3

3 Commencement 4

4 Definitions 5

5 Act to bind the Crown 23

5AA Application of this Act 23

5AB Application of this Act to Alcoa land 24

5ABA Leased area 24

5A Interaction of this Act with native title legislation 25

6 Land not available for exploration, mining and searching 25

6AA Land not available for searching for stone 28

6A Extent of application of licences and authorities under this Act to Deep Lead Nature Conservation Reserve (No. 2) 28

7 Minister may exempt land from being subject to a licence 29

7A Minister may declare meaning of graticular section 31

7B Ministers may declare low impact exploration activity 31

7C Ministerial Order declaring specified mines and quarries 31 8 Offence to search for minerals or do work without authority 32

8AA Offence to search for stone without consent 33

8AB Offence to carry on extractive industry without authority 33

8AC Offence to carry out exploration or mining of coal seam gas 34

8AD Offence to carry out hydraulic fracturing 35

8A Aerial surveys permitted without licence 35

9 Ownership of minerals 36

10 Tailings 36 Authorised by the Chief Parliamentary Counsel i Section Page

11 Transfer of property in minerals 36

11A Ownership of stone 37

12 Royalties 38

12A Royalties for lignite 39 Part 2—Exploration licences, mining, prospecting and retention licences 42 Division 1—General licence provisions 42

13 Exploration licences 42

14 Mining licences 43

14A Licence may be limited to stratum of land 44

14B Prospecting licences 45

14BA Holder of prospecting licence must not dispose of tailings contrary to Minister's consent 46

14C Retention licences 46 Division 2—Licence process 47

14AB Application of this Division 47

15 Application for a licence 47

16 Applicant for licence—fit and proper person 57

16A Application for mining licence or retention licence where exploration licence or prospecting licence covers same land 59

16B Application for mining licence where retention licence covers same land 59

17 Application not transferable 60

18 Notice of applications with the highest ranking 60

19 Withdrawal of application 61

23 Ranking of applications 62

24 Objections to licence 62

24A Comments on licence 63

25 Grant or refusal of licence 63

25A Waiver of exploration licence holder's consent 68

26 Grant of licence 70

26AAA Transfer of consents and approvals to undertake work 73 Division 3—Licence process for direct allocation of licences relating to coal 74 Subdivision 1—General 74

26AA Definition 74

26AB Licence applications under Division to be in respect of exempted land 74 Subdivision 2—Licences granted by the Minister 74

26AC Who may apply for a licence under this Subdivision? 74

26AD Application procedure 74 Authorised by the Chief Parliamentary Counsel ii Section Page

26AE Application of Act to licence application 76

26AF Grant or refusal of licence 76

26AG Revocation of exemption over licence land 77

26AH Minister must publish notice 77

26AI Application of Act to licence 78 Subdivision 3—Licences granted by the Governor in Council 78

26AJ Application procedure 78

26AK Notification and advertising requirements 79

26AL Application of Act to licence application 80

26AM Grant or refusal of licence 80

26AN Minister must publish reasons for refusal to grant licence 82

26AO Revocation of exemption over licence land 82

26AP Minister must publish notice 82

26AQ Application of Act to licence 83 Division 3A—Survey of land proposed to be covered by mining licence, prospecting licence or retention licence 83

26AR Applicant to survey boundary of land 83

26AS Authority to enter land 84

26AT Offence not to show authority 85

26AU Security 86

26AV Insurance 86 Division 4—Requirements if agricultural land covered by mining licence or prospecting licence 87

26A Statement of economic significance if agricultural land covered by licence 87

26B Excision of agricultural land from a licence 88

26C Notice of excision dispute 89

26D Resolution of excision disputes 89

26E Offence to divulge details of a statement of economic significance 90 Division 5—Tenders for licences 91

27 Tendering process 91

27A Acceptance of tender 91

27B Advertising and notice requirements 92

27C Consultation and notification requirements 92

27D Application of provisions to tenders 93

27E Minister may not accept any tenders 94 Division 6—Renewals of licences 94

29 Application for renewal of licence 94

31 Renewals of licences 95

32 Period of renewal 98 Authorised by the Chief Parliamentary Counsel iii Section Page Division 7—Changes to licences 99

33 Transfer of licence 99

33A Transfer of land from one mining licence to another 101

33B Mining licence may be split and transferred 102

34 Variation of licence 103

35 Combined conditions 105

36 Amalgamation of licences 105

36A Expedited procedure for replacement of invalidated title 106 Division 8—Surrender and cancellation of licences 107

37 Surrender of licence 107

38 Cancellation of licence 107

38A Decrease in area under exploration licence 111 Division 9—Mine stability levy for Latrobe Valley 113

38AAA Definitions 113

38AAB Mine stability levy imposed 113

38AAC Who is liable for mine stability levy? 114

38AAD Amount of the mine stability levy 114

38AAE When and how is the mine stability levy to be paid? 114 Part 3—Work under a licence 115

39 Work must be approved 116

39A Licensee's duty to consult with community 117

40 Work plan 117

40A Work plan—approval 120

41 Application for variation of work plan 121

41AA Department Head may direct licensee to lodge application for variation of work plan 123

41AAB Approval of variation of work plan 124

41A Minister may require impact statement 125

41AB Reporting requirements for declared mines 126

41AC Chief Inspector to be notified of reportable events in relation to exploration or mining 126

41AD Licensee to submit area work plan schedule 126

41AE Variation application must be made if mine is declared 127

42 Commencement of work under mining licence or prospecting licence 128

42A Planning permits not required for some work variations 133

43 Commencement of work under exploration licence or retention licence 134

43A Effect of contraventions 139

43B Certain consents etc. not required in case of unrestricted Crown land 139

44 Particular consents etc. required 140 Authorised by the Chief Parliamentary Counsel iv Section Page

45 Prohibition of work near dwellings and certain places and sites 143

45A Certain exploration and mining work complies with section 45 148

46 Minister may authorise work near dwelling house 149

47 New consent or authorisation for certain work plan variations 149

47A Management of worksites 151 Part 4A—Advisory panels 153 Division 1—Appointment of panels 153

54A Appointment of advisory panels 153

54B Composition of panel 153

54C Chairperson 153

54D Terms of reference 153

54E Terms and conditions of appointment 153 Division 2—Procedure of panels 154

54F Procedure of panel 154

54G Directions about hearings 154

54H Hearings to be in public 154

54I Procedure for hearing submissions 154

54J Adjournment of hearings 155

54K Panel may regulate its own proceedings 155

54L Panel may take into account any relevant matter 155

54M Report of panel 155 Part 5—Other authorities 157 Division 1—Miner's rights 157

55 Miner's right 157

56 Who may grant a miner's right 158

57 Grant of miner's right 158

58 Obligations of holder 158 Division 2—Tourist fossicking authorities 159

59 Tourist fossicking authority 159

60 Application for tourist fossicking authority 160

61 Grant or refusal of tourist fossicking authority 160

62 Obligations of holder 160 Part 6—Mining register 162

69 Functions of Department Head regarding mining register 162

70 Effect of registration 165

71 Creation etc. of interests in licences 166

72 Devolution of rights of licensee 166

73 Correction of register 166 Authorised by the Chief Parliamentary Counsel v Section Page

74 Disclosure of registered information 167

75 Survey standards 168

76 Evidence 168

77 Offences 169 Part 6A—Extractive industries—Work authorities and other matters 170 Division 1—Searching for stone 170

77A Consent to search for stone on certain land 170

77B Depth restriction on searching for stone on land adjacent to waterways or water infrastructure 171

77C Notice of proposed searching for stone on land on which there are roads etc. 171 Division 2—Work plans and extractive industry work authorities 172

77G Work plan 172

77H Application for variation of work plan 174

77HA Department Head may direct holder to lodge application for variation of work plan 175

77HB Approval of variation of work plan 175

77HC Planning permits not required for some work variations 177

77I Extractive industry work authorities 178

77J Conditions of extractive industry work authorities 179

77K Extractive industry work authority holder's duty to consult with community 181

77KA Chief Inspector to be notified of reportable events in relation to quarries 181

77KB Variation application must be made if quarry is declared 182

77L Period of extractive industry work authority 182

77M Variation of an extractive industry work authority 182

77N Transfer of an extractive industry work authority 183

77O Cancellation of an extractive industry work authority 184

77OA Surrender of an extractive industry work authority 185 Division 3—Managers 185

77Q Manager must be appointed 185 Division 4—Planning requirements 186

77R Powers to amend planning scheme 186

77S Land subject to a licence under Part 2 187

77T Environment Effects Statement 188 Part 6B—Statutory endorsement of work plans 189

77TA Definitions 189

77TB Application of Part 189 Authorised by the Chief Parliamentary Counsel vi Section Page

77TC Giving of work plan or variation to approved work plan for statutory endorsement 190

77TD Department Head may endorse work plan or variation to approved work plan 190

77TE Department Head must give work plan or variation application to referral authority 192

77TF Referral authority must consider work plan and variation of approved work plan 193

77TG Interrelationship with the Planning and Environment Act 1987 194 Part 6C—Review 195

77TI Review by Tribunal 195

77TJ Application for review 196 Part 7―Rehabilitation 198

77U Definitions 198

78 Licensee must rehabilitate land 198

78A Holder of extractive industry work authority must rehabilitate land 199

79 Rehabilitation plan 199

79A Rehabilitation liability assessment 200

80 Rehabilitation bond 201

81 Rehabilitation 202

81A Certification that land has been rehabilitated 203

82 Return of bond if rehabilitation satisfactory 203

83 Minister may carry out rehabilitation 205

83A Payment of bond into Declared Mine Fund on cancellation of licence 206

84 Payment out of Consolidated Fund 206 Part 7A—Mine Land Rehabilitation Authority 207 Division 1—Preliminary 207

84AA Definitions 207

84AB Meaning of public sector body 209

84AC Meaning of regulatory framework 210 Division 2—Establishment of Rehabilitation Authority and the Board 210

84AD Mine Land Rehabilitation Authority 210

84AE Objectives of the Rehabilitation Authority 211

84AF Rehabilitation Authority powers relating to property 212

84AG Board of Rehabilitation Authority 212

84AH Appointment of members of the Board 212

84AI Remuneration 213

84AJ Terms and conditions of appointment 213 Authorised by the Chief Parliamentary Counsel vii Section Page

84AK Acting appointment 213

84AKA Resignation 214

84AKB Removal from office 214

84AKC Chairperson of the Board 215

84AKD Deputy chairperson of the Board 215 Division 3—Functions and powers 215

84AL Functions and powers of the Rehabilitation Authority 215

84AM Rehabilitation Authority to have regard to objective, regional rehabilitation strategy and regulatory framework 221

84AN Staff to be provided 221

84AO Assistance to be provided by the Department Head 221

84AP Assistance to be provided by a public sector body and a declared mine licensee 222 Division 4—Investigations by the Rehabilitation Authority 222

84AQ Minister may refer a matter for investigation to the Rehabilitation Authority 222

84AR Power of entry and inspection without consent 223

84AS Occupier or apparent occupier of land must assist authorised officer to enter 225

84AT Occupier or apparent occupier of land must assist authorised officer to inspect 225

84AU Authorised officers under this Division 225

84AV Authorised officer's identity cards 226 Division 5—Giving of documents or other things 227

84AW Giving of documents or other things to the Rehabilitation Authority by declared mine licensees 227

84AX Giving of documents or other things to the Rehabilitation Authority by public sector bodies 228

84AY Confidentiality of document or other thing given under a notice 228 Division 6—Information gathering by the Rehabilitation Authority 229

84AZ Definition 229

84AZA Notice requiring documents or information from public sector body 229

84AZB Notice requiring documents or information from declared mine licensee 230 Division 7—Monitoring framework 231

84AZC Rehabilitation Authority must prepare monitoring framework 231

84AZD Making the monitoring framework 232

84AZE Amendment of monitoring framework 232

84AZF Making an amendment to the monitoring framework 232 Authorised by the Chief Parliamentary Counsel viii Section Page Division 8—Reports and reviews of the Rehabilitation Authority 232

84AZG Report of referral investigation 232

84AZH Annual report of Rehabilitation Authority 233

84AZI Consultation 233

84AZJ Reports to the Minister 234

84AZK Rehabilitation Authority review of research plans of declared mine licensee 234 Division 9—Protections for persons acting under this Part 234

84AZL Protection against self-incrimination 234 Part 7B—Regional rehabilitation strategy 235

84AZM Minister must prepare a strategy for the rehabilitation of coal mine land 235

84AZN Publication of regional rehabilitation strategy 235

84AZO Review of regional rehabilitation strategy 235

84AZP Amendment of regional rehabilitation strategy 236

84AZQ Publication of amendment to regional rehabilitation strategy 236

84AZR Minister must consult 236 Part 7C—Declared mine land rehabilitation 237 Division 1—Preliminary 237

84AZS Definitions 237

84AZT Ministerial direction—declared mine land 237 Division 2—Declared mine rehabilitation plans 238

84AZU Declared mine licensee to prepare plan for rehabilitation of land 238

84AZV Department Head to consider plan for rehabilitation of declared mine land 239

84AZW Application for variation of declared mine rehabilitation plan 240

84AZX Department Head may direct declared mine licensee to apply for variation of declared mine rehabilitation plan 241 Division 3—Closure of mine, registration of declared mine land and post-closure plan 242

84AZY Application for determination that closure criteria have been met 242

84AZZ Consideration of application that closure criteria have been met 242

84AZZA Determination of application—closure criteria 243

84AZZB Closure criteria for declared mine land met 244

84AZZC Registration of declared mine land 245 Authorised by the Chief Parliamentary Counsel ix Section Page Division 4—Registered post-closure plans recorded and transfer of registered mine land 245

84AZZD Registered post-closure plan recorded on title 245

84AZZE Removal of registered post-closure plan from title 246

84AZZF Transfer of registered mine land to Rehabilitation Authority 246 Division 5—Declared Mine Fund 246

84AZZG Declared Mine Fund 246

84AZZH Payments into the Fund 246

84AZZI Payments out of the Fund 247

84AZZJ Delegation of power to authorise payments 247 Division 6—Monitoring and maintenance of registered mine land 247

84AZZK Functions and powers of the Rehabilitation Authority— registered mine land 247 Division 7—Register of declared mine land 248

84AZZL Register of declared mine land 248

84AZZM Removal of registered mine land from the Register 249 Part 8—Compensation 250 Division 1―General 250

84A Application of this Division 250

85 What compensation is payable for 250

85A What compensation is payable for—Crown land 252

86 When a claim can be made 254

87 Compensation agreement 254

88 Determination of compensation disputes 255

88A Determination of disputes—Crown land 256

89 Limit on total amount of compensation 257 Division 2―Extractive industries search authorities 257

89AA Compensation―search authorities 257

89AB Measure of compensation payable under section 89AA 259 Part 8A—Codes of Practice 260

89A Power to make Codes of Practice 260

89B Variation and revocation of Code of Practice 260

89C Advertising of draft Code of Practice, variation or revocation 261

89D Consideration of submissions 261

89E How is a Code of Practice made? 262

89F Availability of Code of Practice 262

89G Code of Practice 263

89H Use of Code of Practice in proceedings 263 Authorised by the Chief Parliamentary Counsel x Section Page Part 9—Inspectors 265 Division 1—Employment of inspectors 265

90 Employment of inspectors 265

91 Delegation by Chief Inspector 266

92 Identity cards 266 Division 2—Performance of functions or exercise of powers 267

93 Inspectors subject to Department Head's directions 267 Division 3—Powers relating to entry 267

94 Power to enter 267

95 General powers on entry 268

95A Power to require production of documents etc. 269

95B Power to take samples 270 Division 4—Procedure relating to entry 270

95C Announcement on entry 270

95D Report to be given about entry 271 Division 5—Search warrants 272

95E Definition 272

95F Issue of search warrants 272

95G Announcement before entry on warrant 274

95H Copy of warrant to be given to occupier 274 Division 6—Limitation on entry powers 274

95I Places used for residential purposes 274 Division 7—Return and forfeiture of seized things 275

95J Return of seized things 275

95K Forfeiture of seized things 276 Division 8—Other powers 276

95L Power to require name and address 276

95M Power to give directions 277 Division 9—Other matters 277

95N Occupier must assist inspector 277

95O Other assistance in exercising powers 278

95P Inspector may take affidavits 278

95Q Inspector may copy documents 279 Division 10—Offences 279

95R Offences in relation to inspections 279 Authorised by the Chief Parliamentary Counsel xi Section Page Division 11—Protection of privileges 280

95S Protection against self-incrimination 280

95T Legal professional privilege and client legal privilege not affected 280 Part 11—Mining wardens 282

96 Appointment of mining wardens 282

97 Disputes 283

98 Matters referred to mining warden 283

99 Powers of mining warden 283

100 Conduct of hearing 284

101 Evidence not admissible in other proceedings 285

102 Validity of acts or decisions 285

103 Discontinuance of investigation 285

104 Costs 286

105 Annual report 286 Part 12—Enforcement 287 Division 1—Definitions 287

105A Definitions 287 Division 2—Infringements 287

106 Infringements 287 Division 3—Enforceable undertakings 288

107 Enforceable undertakings 288

108 Offence to contravene an undertaking 289 Division 4—Remedial notices and orders and enforcement orders 290

110 Notice requiring authority holder to take action or stop work 290

110AA Injunction for non-compliance with notice 294

110AB Minister may take action required by injunction or order 296

110AC Offence to hinder or obstruct remedial action 297

110AD Immunity for remedial action 297

110AE Compensation for remedial action 297

110AF When claim for compensation for remedial action can be made 299

110AG Recovery of costs and compensation by Minister 299

110A Enforcement order 300

110B Notice requiring owner of registered mine land to take action or stop work 300

110C Review of decision to issue notice to owner of registered mine land 302 Authorised by the Chief Parliamentary Counsel xii Section Page Division 5—General 303

111 Offences by corporations 303

111A Default penalties 304 Part 13—Miscellaneous 305

112 Surveys, searches and drilling operations 305

112A Minister may require review of economic viability of mining of minerals to which a retention licence applies 306

113 Discovery of uranium or thorium to be reported 307

113A Discovery of coal seam gas to be reported 308

114 Abandoned plant becomes property of the Crown 308

115 Occupiers liability 309

116 Licensee must supply information 310

116A Holder of extractive industry work authority or consent to supply information 311

117 Obtaining licence or other authority dishonestly 312

118 Pecuniary interests 312

119 Secrecy 313

120 Delegation 314

120A Ministerial guidelines 314

121 Immunity 315

121A State liability 315

121B Minister may pay for surrender of licences 317

122 Service of documents 317

123 Supreme Court—limitation of jurisdiction 318

124 Regulations 319 Part 14—Repeals, amendments, savings and transitionals 327

127 Validation of existing titles 327

129 Savings and transitionals 327

130 Saving and transitional provisions—2000 amendments 328

131 Saving and transitional provisions—2001 amendments 328

132 Transitional provision—2005 amendments 328

133 Validation of certain exploration and mining work— 2006 amendments 328

134 Change of title provision—2006 amendments 329

135 Transitional provision—2006 amendments 329

135A Transitional provision—2010 amendments abolishing the Mining and Environment Advisory Committee 330

136 Saving and transitional provisions—2009 amendments 330

137 Savings and transitional provisions—2010 amendments 330

138 Transitional provision—2012 amendments 330

139 Savings and transitional provisions—2014 amendments 331

140 Savings and transitional provisions—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 331 Authorised by the Chief Parliamentary Counsel xiii Section Page

141 Transitional provision—Mineral Resources (Sustainable Development) Amendment Act 2019 333

142 Transitional provisions—Mineral Resources (Sustainable Development) Amendment Act 2019 333 Schedules 335 Schedule 2—Savings and transitionals 336 Schedule 3—Restricted Crown land 346 Schedule 4—Minerals 350 Schedule 4A—Low impact exploration 351 Schedule 5—Saving and transitional provisions arising from the Mineral Resources Development (Amendment) Act 2000 357 Schedule 6—Saving and transitional provisions arising from the Mineral Resources Development (Further Amendment) Act 2001 360 Schedule 7—Saving and transitional provisions arising from the Resources Industry Legislation Amendment Act 2009 362 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 365 Schedule 9—Savings and transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment Act 2014 377 ═══════════════ Endnotes 381

1 General information 381

2 Table of Amendments 383

3 Amendments Not in Operation 395

4 Explanatory details 396 Authorised by the Chief Parliamentary Counsel xiv Authorised Version No. 126 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Authorised Version incorporating amendments as at

1 July 2021 The Parliament of Victoria enacts as follows: Part 1—Introduction

1 Purpose S. 1 substituted by The purpose of this Act is to encourage mineral No. 6/2009 exploration and economically viable mining and s. 4, amended by extractive industries which make the best use of, No. 59/2010 and extract the value from, resources in a way that s. 31. is compatible with the economic, social and environmental objectives of the State.

2 Objectives (1) The objectives of this Act are— (a) to encourage and facilitate exploration for minerals and foster the establishment and continuation of mining operations by providing for— (i) an efficient and effective system for the granting of licences and other approvals; and (ii) a process for co-ordinating applications for related approvals; and (iii) an effective administrative structure for making decisions concerning the allocation of mineral resources for the benefit of the general public; and Authorised by the Chief Parliamentary Counsel 1 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (iv) an economically efficient system of royalties, rentals, fees and charges; and (b) to establish a legal framework aimed at ensuring that— S. 2(1)(b)(i) (i) risks posed to the environment, to substituted by Nos 6/2009 members of the public, or to land, s. 5(1)(a), property or infrastructure by work 47/2015 s. 5(1). being done under a licence or extractive industry work authority are identified and are eliminated or minimised as far as reasonably practicable; and (ii) consultation mechanisms are effective and appropriate access to information is provided; and S. 2(1)(b)(iii) (iii) land which has been mined or from substituted by No. 6/2009 which stone has been extracted or s. 5(1)(b). removed is rehabilitated; and S. 2(1)(b)(iv) (iv) just compensation is paid for the use of amended by No. 6/2009 private land for exploration or mining; s. 5(1)(c). and (v) conditions in licences and approvals are enforced; and S. 2(1)(b)(vi) (vi) dispute resolution procedures are amended by No. 86/1993 effective; and s. 4. S. 2(1)(b)(vii) * * * * * inserted by No. 86/1993 s. 4, amended by Nos 82/2000 s. 3, 55/2010 s. 47, repealed by No. 47/2015 s. 5(2). Authorised by the Chief Parliamentary Counsel 2 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (c) to recognise that the exploration for, and S. 2(1)(c) mining or extraction of, mineral resources inserted by No. 82/2000 and stone must be carried out in a way that is s. 3, not inconsistent with the Native Title Act amended by No. 6/2009 1993 of the Commonwealth and the Land s. 5(2). Titles Validation Act 1994. * * * * * S. 2(2) repealed by No. 6/2009 s. 5(3).

2A Principles of sustainable development S. 2A inserted by No. 63/2006 (1) It is the intention of Parliament that in the s. 5. administration of this Act regard should be given to the principles of sustainable development. (2) For the purposes of this Act, the principles of sustainable development are— (a) community wellbeing and welfare should be enhanced by following a path of economic development that safeguards the welfare of future generations; (b) there should be equity within and between generations; (c) biological diversity should be protected and ecological integrity maintained; (d) there should be recognition of the need to develop a strong, growing, diversified and internationally competitive economy that can enhance the capacity for environment protection; (e) measures to be adopted should be cost effective and flexible, not disproportionate to the issues being addressed, including improved valuation, pricing and incentive mechanisms; Authorised by the Chief Parliamentary Counsel 3 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (f) both long and short term economic, environmental, social and equity considerations should be effectively integrated into decision-making; (g) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation and decision- making should be guided by— (i) a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and (ii) an assessment of the risk-weighted consequences of various options; (h) development should make a positive contribution to regional development and respect the aspirations of the community and of Indigenous peoples; (i) decisions and actions should provide for community involvement in issues that affect them.

3 Commencement (1) Sections 1 to 125 and section 127 come into operation on a day to be proclaimed. (2) The remaining provisions of this Act, other than section 126(2) and item 18 of Schedule 1, come into operation on a day or days to be proclaimed. (3) Section 126(2) must be taken to have come into operation on 1 November 1990. (4) Item 18 of Schedule 1 must be taken to have come into operation on 1 December 1987. Authorised by the Chief Parliamentary Counsel 4 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction

4 Definitions (1) In this Act— * * * * * S. 4(1) def. of Aboriginal object repealed by No. 16/2006 s. 198(Sch. 2 item 5(1)(a)). * * * * * S. 4(1) def. of Aboriginal place amended by No. 82/2000 s. 4(b), repealed by No. 16/2006 s. 198(Sch. 2 item 5(1)(a)). * * * * * S. 4(1) def. of accident amended by No. 82/2000 s. 4(c)(i)–(iii), repealed by No. 55/2010 s. 48. agricultural land means private land that is used primarily for— (a) cultivation for the purpose of selling the produce of the cultivation; or (b) keeping animals or poultry for the purpose of selling them or produce derived from them; or (c) keeping bees for the purpose of selling their honey; or (d) commercial fishing; or (e) the cultivation or propagation for sale of plants; Authorised by the Chief Parliamentary Counsel 5 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction S. 4(1) def. of area work plan schedule means an area work plan area work schedule submitted under section 41AD; plan schedule inserted by No. 57/2009 s. 23. S. 4(1) def. of * * * * * authority to commence work repealed by No. 82/2000 s. 4(d). S. 4(1) def. of * * * * * chief administrator amended by No. 86/1993 s. 5(1)(b), repealed by No. 76/1998 s. 31(a)(i). S. 4(1) def. of Chief Inspector means the Chief Inspector Chief Inspector employed under section 90(1)(a); inserted by No. 6/2009 s. 6(1). S. 4(1) def. of * * * * * chief mining inspector amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(d). S. 4(1) def. of closure criteria—see section 84AZU(3)(b); closure criteria inserted by No. 32/2019 s. 4(1). Authorised by the Chief Parliamentary Counsel 6 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction coal mine land means the land covered by any of S. 4(1) def. of the following licences (whether or not those coal mine land licences are in force)— inserted by No. 22/2017 (a) mining licence No. 5003; s. 4. (b) mining licence No. 5004; (c) mining licence No. 5189; (d) mining licence No. 5216; (e) mining licence No. 5304; coal seam gas means natural gas when it is S. 4(1) def. of coal seam gas contained in oil shale or coal, whether or not inserted by it is in a gaseous state; No. 8/2017 s. 3. Code of Practice means a Code of Practice made S. 4(1) def. of Code of under Part 8A as amended and in force for practice the time being; repealed by No. 86/1993 s. 5(1)(a), new def. of Code of Practice inserted by No. 63/2006 s. 6(1)(c). * * * * * S. 4(1) def. of Commis- sioner inserted by No. 22/2017 s. 4, repealed by No. 32/2019 s. 4(2). Authorised by the Chief Parliamentary Counsel 7 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction S. 4(1) def. of community engagement plan has the meaning set community out in sections 40(3)(d) and 77G(3)(e); engagement plan inserted by No. 63/2006 s. 6(1), amended by Nos 6/2009 s. 6(2)(a), 59/2010 s. 4(a), 10/2014 s. 4(2), 10/2014 s. 4(3). S. 4(1) def. of Crown land means land that is, or that is by any Crown land amended by Act deemed to be, unalienated land of the No. 35/1998 Crown, and includes— s. 18(a). (a) land of the Crown that is reserved permanently or temporarily by or under any Act; and (b) land of the Crown occupied by a person under a lease, licence or other right under this or any other Act— but does not include land which is the subject of a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993; S. 4(1) def. of Crown land Minister in relation to Crown land, Crown land Minister means the Minister responsible for inserted by administering the Act under which the land No. 63/2006 s. 6(1)(c). is controlled or managed; S. 4(1) def. of declared mine means a mine specified in an Order declared mine inserted by under section 7C; No. 57/2009 s. 23. Authorised by the Chief Parliamentary Counsel 8 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction Declared Mine Fund means the fund established S. 4(1) def. of under section 84AZZG; Declared Mine Fund inserted by No. 32/2019 s. 4(1). declared mine land means— S. 4(1) def. of declared mine land (a) the land covered by a mining licence inserted by that includes a declared mine (whether No. 32/2019 s. 4(1). or not the licence is in force); or (b) the land covered by any of the following licences (whether or not the licence is in force)— (i) the mining licence No. 5216; (ii) the mining licence No. 5304; declared mine land register means the register S. 4(1) def. of declared mine established under section 84AZZL; land register inserted by No. 32/2019 s. 4(1). declared mine licensee means the holder or the S. 4(1) def. of declared mine former holder of a licence that covers licensee declared mine land; inserted by No. 32/2019 s. 4(1). declared mine rehabilitation plan means a plan S. 4(1) def. of declared mine approved by the Department Head under rehabilitation section 84AZV(2)(a) and as varied under plan inserted by section 84AZW(3)(a); No. 32/2019 s. 4(1). declared quarry means a quarry specified in an S. 4(1) def. of declared Order under section 7C; quarry inserted by No. 57/2009 s. 23. Authorised by the Chief Parliamentary Counsel 9 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction S. 4(1) def. of Department means the Department of State Department Development, Business and Innovation; substituted by No. 86/1993 s. 5(1)(c), amended by Nos 46/1998 s. 7(Sch. 1), 56/2003 s. 11(Sch. item 12.1), 70/2013 s. 4(Sch. 2 item 32.1). S. 4(1) def. of Department Head means the Department Head Department Head (within the meaning of the Public inserted by Administration Act 2004) of the No. 76/1998 s. 31(a)(iv), Department; amended by No. 108/2004 s. 117(1) (Sch. 3 item 134.1). S. 4(1) def. of * * * * * Director of Mines inserted by No. 82/2000 s. 4(a), repealed by No. 6/2009 s. 6(3)(a). S. 4(1) def. of dispute means a dispute arising under this Act dispute amended by between— Nos 46/1998 s. 7(Sch. 1), (a) a licensee or an applicant and the 76/1998 s. 31(a)(iii), Department Head or an employee of the 82/2000 Department; or s. 4(e)(i)(ii), 59/2010 (b) a licensee or an applicant and the s. 42(1)(a). holder of a miner's right; or (c) a licensee or an applicant and the owner or occupier of land; or Authorised by the Chief Parliamentary Counsel 10 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (d) a licensee and another licensee or an applicant for a licence; or (e) an applicant and another applicant; or (ea) a member of the public and the Department Head (or an employee of the Department) in relation to work under a licence that directly and substantially affects, or is likely to affect, the member of the public— and includes a dispute— (f) about the existence of a licence, miner's right or tourist fossicking authority; or (g) about the boundaries of land covered by a licence or an application— but does not include a dispute for which recourse to a court, a tribunal or an expert (other than a mining warden) is expressly provided under this Act; exploration means exploration for minerals and includes— (a) conducting geological, geophysical and geochemical surveys; and (b) drilling; and (c) taking samples for the purposes of chemical or other analysis; and (d) extracting minerals from land, other than for the purpose of producing them commercially; and (e) in relation to an exploration licence, anything else (except mining) that is specified in the licence; Authorised by the Chief Parliamentary Counsel 11 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction S. 4(1) def. of extractive industry means the extraction or extractive removal of stone from land if a primary industry inserted by purpose of the extraction or removal is the No. 6/2009 sale or commercial use of the stone or the s. 6(1). use of the stone in construction, building, road or manufacturing works and includes— (a) the treatment of stone or the manufacture of bricks, tiles, pottery or cement products on or adjacent to land from which the stone is extracted; and (b) any place, operation or class of operation involving the extraction or removal of stone from land, declared by the Minister, by notice published in the Government Gazette, to be an extractive industry for the purposes of this Act; S. 4(1) def. of extractive industry work authority means a work extractive industry work authority relating to an extractive industry authority granted under section 77I; inserted by No. 6/2009 s. 6(1). S. 4(1) def. of graticular section— graticular section substituted by (a) means the 1000 metre interval block No. 82/2000 based on the Australian Geodetic s. 4(f). Datum 1966, as shown on the National Topographic Map Series published by the National Mapping Council; or (b) if a notice under section 7A applies, has the meaning it has as specified by, or under, that notice; Authorised by the Chief Parliamentary Counsel 12 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction Head, Transport for Victoria has the same S. 4(1) def. of meaning as in section 3 of the Transport Head, Transport for Integration Act 2010; Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 29.1). hydraulic fracturing means the injection of a S. 4(1) def. of hydraulic substance or substances into a bore under fracturing pressure for the purposes of stimulating a inserted by No. 8/2017 geological formation; s. 3. infrastructure mining licence means a mining S. 4(1) def. of infrastructure licence solely for the construction of a mining facility or other infrastructure to be used for licence inserted by the purpose of mining under another mining No. 59/2010 licence; s. 4(c). * * * * * S. 4(1) def. of infringement repealed by No. 6/2009 s. 6(3)(b). inspector means an inspector employed under S. 4(1) def. of inspector section 90(1)(b); amended by No. 46/1998 s. 7(Sch. 1), substituted by No. 6/2009 s. 6(2)(b). land affected, in relation to work under a licence, S. 4(1) def. of land affected means land to which entry is required during amended by the work and includes the surface of the land No. 82/2000 s. 4(g). and the land to a depth of 100 metres; Latrobe Valley region means the region S. 4(1) def. of Latrobe Valley constituted by the municipal districts of region the Latrobe City Council, Baw Baw Shire inserted by No. 22/2017 Council and Wellington Shire Council; s. 4. licence means an exploration licence, a mining S. 4(1) def. of licence licence, a prospecting licence or a retention amended by licence under Part 2; No. 59/2010 s. 4(b). Authorised by the Chief Parliamentary Counsel 13 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction licensee means the holder of a licence; S. 4(1) def. of low impact exploration has the meaning set out in low impact exploration Schedule 4A; inserted by No. 82/2000 s. 4(a), amended by No. 16/2006 s. 198(Sch. 2 item 5(1)(b)), substituted by No. 10/2014 s. 4(1). mine means any land on which mining is taking place under a licence; miner's right means a miner's right under Part 5; S. 4(1) def. of mineral means any substance which occurs mineral amended by naturally as part of the earth's crust— Nos 7/1994 s. 4, 71/2001 (a) including— s. 3(1)(a). (i) oil shale and coal; and (ii) hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and (iii) any substance specified in Schedule 4; (b) excluding water, stone, peat or petroleum; minerals exemption means an exemption that was granted under section 293 or 293A of the Mines Act 1958 and that was current immediately before the commencement of this section; Authorised by the Chief Parliamentary Counsel 14 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction mineral resource means a concentration of a S. 4(1) def. of mineral or minerals that is or may be mineral resource economically viable to mine; inserted by No. 59/2010 s. 4(c). mining means extracting minerals from land for the purpose of producing them commercially, and includes processing and treating ore; * * * * * S. 4(1) def. of mining infringement repealed by No. 6/2009 s. 6(3)(c). mining register means the register kept under Part 6; Ministerial direction means a direction made or S. 4(1) def. of Ministerial varied under section 84AZT; direction inserted by No. 32/2019 s. 4(1). occupier means— S. 4(1) def. of occupier amended by (a) in relation to private land, any person No. 76/1998 lawfully in possession of the land; and s. 31(a)(ii). (b) in relation to Crown land, the Secretary (as defined in the Conservation, Forests and Lands Act 1987); owner means— S. 4(1) def. of owner amended by (a) in relation to Crown land, means the Nos 86/1993 Crown land Minister; and s. 5(1)(d), 35/1998 * * * * * s. 18(b), 85/1998 (d) in relation to private land under the s. 24(Sch. item 42) (as Transfer of Land Act 1958 (other than amended by land in an identified folio under that No. 74/2000 s. 3(Sch. 1 Act), the person who is registered or item 129.2)), 63/2006 s. 6(1)(a). Authorised by the Chief Parliamentary Counsel 15 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction entitled to be registered as the proprietor of the land; and (e) in relation to other private land— (i) if the land is mortgaged, the mortgagor; and (ia) if the land is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee, under that Part, of the land; and (ii) in any other case, the person who has the fee in the land; petroleum means 1— (a) any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or (b) any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or (c) any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrocarbon sulphide, nitrogen, helium and carbon dioxide— and includes any petroleum as defined by paragraph (a), (b) or (c) or any prescribed petroleum product that has been returned to a natural reservoir in Victoria, but excludes any naturally occurring hydrocarbon or mixture of hydrocarbons within a deposit of coal or oil shale; Authorised by the Chief Parliamentary Counsel 16 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction planned improvement, in relation to land, means S. 4(1) def. of an improvement on the land in respect of planned improvement which the owner or occupier had, before an amended by application for a licence covering that land No. 126/1993 s. 264(Sch. 5 was made— item 16). (a) applied for or been granted a building permit or a planning permit; or (b) otherwise demonstrated a genuine intention to proceed; planning permit means a planning permit issued S. 4(1) def. of planning under the Planning and Environment permit Act 1987; inserted by No. 6/2009 s. 6(1). planning scheme means a planning scheme made S. 4(1) def. of planning under the Planning and Environment scheme Act 1987; inserted by No. 6/2009 s. 6(1). plant means buildings, structures, works or other S. 4(1) def. of plant machinery (whether fixed or mobile) and all substituted by other installations or equipment used in the No. 6/2009 s. 6(2)(c). doing of work under a licence or an extractive industry work authority; post-closure plan—see section 84AZU(3)(c); S. 4(1) def. of post-closure plan inserted by No. 32/2019 s. 4(1). private land means any land that is not Crown land; quarry means— S. 4(1) def. of quarry inserted by (a) a pit or excavation made in land below No. 6/2009 the natural surface for the purpose of s. 6(1). extracting or removing stone if a primary purpose of the extraction or removal is the sale or commercial use Authorised by the Chief Parliamentary Counsel 17 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction of the stone or the use of the stone in construction, building, road or manufacturing works; or (b) any place or operation involving the removal of stone from land, declared by the Minister by notice published in the Government Gazette to be a quarry— and includes access ways on private land and the works, machinery, plant, equipment, buildings and structures above or below ground used for or in connection with— (c) making, enlarging or deepening the pit or excavation; or (d) carrying on the operation; or (e) the extraction or removal of stone from the pit or excavation; or (f) the treatment on or adjacent to the land in which the pit or excavation is made of stone extracted or removed from the land or the manufacture on or adjacent to that land of bricks, tiles, pottery or cement products substantially from stone so extracted or removed; S. 4(1) def. of regional rehabilitation strategy means the regional rehabilitation strategy prepared under section 84AZM; strategy inserted by No. 22/2017 s. 4. register means the mining register kept under Part 6; registered means registered in the mining register; Authorised by the Chief Parliamentary Counsel 18 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction registered mine land means declared mine land S. 4(1) def. of that is registered in the declared mine land registered mine land register; inserted by No. 32/2019 s. 4(1). registered post-closure plan means a post-closure S. 4(1) def. of registered plan registered in the declared mine land post-closure register; plan inserted by No. 32/2019 s. 4(1). * * * * * S. 4(1) def. of registrar amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 4(h). Rehabilitation Authority means the Mine Land S. 4(1) def. of Rehabilitation Rehabilitation Authority established under Authority section 84AD; inserted by No. 32/2019 s. 4(1). rehabilitation bond means a rehabilitation bond S. 4(1) def. of rehabilitation referred to in section 80; bond inserted by No. 63/2006 s. 6(1)(c). rehabilitation plan means a rehabilitation plan S. 4(1) def. of rehabilitation referred to in section 79; plan inserted by No. 63/2006 s. 6(1)(c). responsible authority in relation to a planning S. 4(1) def. of responsible scheme has the same meaning as in the authority Planning and Environment Act 1987; inserted by No. 6/2009 s. 6(1). Authorised by the Chief Parliamentary Counsel 19 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction S. 4(1) def. of restricted Crown land means any land specified in restricted Schedule 3; Crown land inserted by No. 86/1993 s. 5(1)(e). search means search for minerals using no equipment for the purposes of excavation other than non-mechanical hand tools; S. 4(1) def. of specified work plan means a work plan for work specified work plan in respect of which a planning permit under inserted by the Planning and Environment Act 1987 is No. 59/2010 s. 32. required; S. 4(1) def. of specified variation, in relation to an approved specified variation work plan, means a variation to work— inserted by No. 59/2010 (a) that is being carried out in accordance s. 32. with the approved work plan; and (b) in respect of which a planning permit under the Planning and Environment Act 1987 is required; S. 4(1) def. of statutorily endorsed, in relation to a work plan or statutorily endorsed a variation to an approved work plan, means inserted by endorsed in accordance with Part 6B; No. 59/2010 s. 32. S. 4(1) def. of stone means— stone amended by No. 71/2001 (a) sandstone, freestone or other building s. 3(1)(b). stone; or (b) basalt, granite, limestone or rock of any kind ordinarily used for building, manufacturing or construction purposes; or (c) quartz (other than quartz crystals); or (d) slate or gravel; or Authorised by the Chief Parliamentary Counsel 20 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (e) clay (other than fine clay, bentonite or kaolin); or (ea) peat; or (f) sand, earth or soil; or (g) other similar materials; stratum of land means a part of land consisting of S. 4(1) def. of stratum of a space of any shape below, on or above the land surface of the land or partly below and partly inserted by No. 86/1993 above the surface of the land, all of the s. 5(1)(f). dimensions of which are limited; tailings means any waste mineral, stone or other S. 4(1) def. of tailings material that was produced during the course amended by of mining (whether before or after No. 86/1993 s. 5(1)(g)(i)(ii),

6 November 1991), and includes any substituted by mineral, stone or material that is or was No. 82/2000 s. 4(i). discarded from plant or machinery used for extracting minerals; * * * * * S. 4(1) def. of tourist mine repealed by No. 59/2010 s. 42(1)(c). Tribunal means Victorian Civil and S. 4(1) def. of Tribunal Administrative Tribunal established by the inserted by Victorian Civil and Administrative No. 52/1998 s. 311(Sch. 1 Tribunal Act 1998; item 64.1). unrestricted Crown land means any Crown land S. 4(1) def. of unrestricted (whether reserved or not) other than— Crown land inserted by (a) land to which paragraph (a) or (b) of No. 86/1993 s. 5(1)(h). section 6 applies; or (b) restricted Crown land; * * * * * S. 4(1) def. of work repealed by No. 82/2000 s. 4(j). Authorised by the Chief Parliamentary Counsel 21 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction S. 4(1) def. of * * * * * work authority inserted by No. 82/2000 s. 4(a), repealed by No. 10/2014 s. 4(4). S. 4(1) def. of work plan means a work plan lodged under work plan substituted by section 40 or section 77G or varied under No. 6/2009 section 41AAB or 77HB; s. 6(2)(d), amended by No. 10/2014 s. 4(5). S. 4(1) def. of worksite means any place where work is being worksite inserted by done under a licence, an extractive industry No. 86/1993 work authority, a miner's right or tourist s. 5(1)(i), substituted by fossicking authority or where rehabilitation No. 82/2000 work is being done, or required to be done, s. 4(k), amended by under Part 7. Nos 63/2006 s. 6(1)(b), 6/2009 s. 6(2)(e), 59/2010 s. 42(1)(b). S. 4(2) (2) If under the Public Administration Act 2004 the substituted by No. 86/1993 name of the Department is changed, a reference in s. 5(2), the definition of Department in subsection (1) to amended by Nos 46/1998 the "Department of State Development, Business s. 7(Sch. 1), and Innovation" must, from the date when the 56/2003 s. 11(Sch. name is changed, be treated as a reference to the item 12.2), Department by its new name. 108/2004 s. 117(1) (Sch. 3 item 134.2), 70/2013 s. 4(Sch. 2 item 32.2). Authorised by the Chief Parliamentary Counsel 22 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction * * * * * S. 4(3) inserted by No. 86/1993 s. 5(2), repealed by No. 63/2006 s. 6(3).

5 Act to bind the Crown (1) This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.

5AA Application of this Act S. 5AA inserted by No. 6/2009 (1) The provisions of this Act do not apply to or with s. 8. respect to any extractive industry exempted by notice published in the Government Gazette by the Minister from compliance with any of those provisions of this Act relating to extractive industries whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. (2) Despite any contrary provision in any other Act administered by the Minister administering the Conservation, Forests and Lands Act 1987 if there is provision under any of those Acts to issue or grant a lease, licence, permit or authority allowing for the search for stone or the carrying out of an extractive industry, a person is not required to obtain such a lease, licence, permit or authority if the person has complied with the provisions of this Act relating to extractive industries with respect to the searching for stone or the carrying out of the extractive industry. Authorised by the Chief Parliamentary Counsel 23 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (3) Subsection (1) does not affect any lease, licence, permit or authority issued or granted under an Act administered by the Minister referred to in subsection (2). (4) The provisions of this Act relating to extractive industries do not apply to or with respect to the extraction or removal of stone from land that is a farm if the stone is intended in good faith only to be used on that farm for the purposes of a dam or other farm works and not for sale or any other commercial use. (5) The provisions of this Act relating to extractive industries do not apply to or with respect to the carrying out of any extractive activity within the meaning of the Catchment and Land Protection Act 1994. S. 5AB 5AB Application of this Act to Alcoa land inserted by No. 6/2009 s. 8. (1) For the purposes of the provisions of this Act relating to extractive industries, land in the leased area within the meaning of the definition of leased area in the agreement set out in the Schedule to the Mines (Aluminium Agreement) Act 1961 is deemed to be private land of which Alcoa of Australia Proprietary Limited ACN 004 879 298 is the owner for any purpose other than the determination and payment of royalties to the Crown. (2) The Minister must not grant an extractive industry work authority over any part of the leased area referred to in subsection (1) without the consent of the Minister administering the Conservation, Forests and Lands Act 1987. S. 5ABA 5ABA Leased area inserted by No. 53/2017 s. 15. (1) To avoid doubt, in this Act and in any other Act, the land within the meaning of the definition of leased area in the Agreement set out in the Authorised by the Chief Parliamentary Counsel 24 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction Mines (Aluminium Agreement) Act 1961 does not include any land that Alcoa of Australia Limited ACN 004 879 298 has surrendered its rights to under clause 10(8) of that Agreement. (2) In this section— Agreement has the same meaning as The Agreement has in section 2(a) of the Mines (Aluminium Agreement) Act 1961.

5A Interaction of this Act with native title legislation S. 5A inserted by No. 82/2000 (1) Any action taken under this Act must be taken in a s. 5. way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994. (2) Subject to subsection (1), it is declared that if native title exists over land, the land may still be dealt with under this Act. (3) In this section, action includes— (a) the granting of a licence under Part 2, permit, S. 5A(3)(a) substituted by right or an authority under Part 5; No. 6/2009 s. 7. (b) undertaking any exploration, searching or mining.

6 Land not available for exploration, mining and S. 6 amended by searching No. 82/2000 s. 6(2) (ILA (1) The following land is exempted from being s. 39B(1)). subject to a licence or other authority under this Act— (a) land that is a reference area under the Reference Areas Act 1978; (b) land that is a national park, wilderness park or State park under the National Parks Act 1975, unless the land is covered by— Authorised by the Chief Parliamentary Counsel 25 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (i) a lease, licence, permit or authority under the Mines Act 1958 that must, by virtue of this Act, be treated as a mining licence or an exploration licence (including such a lease, licence, permit or authority that is renewed under this Act); or (ii) a licence under this Act granted before the declaration of the national park, wilderness park or State park (including such a licence that is renewed after that declaration); or (iii) a mining licence that is granted over land that was, immediately before the granting of the mining licence, covered by an exploration licence that was granted before the declaration of the national park, wilderness park or State park (including such a mining licence that is renewed after that declaration); S. 6(1)(ba) (ba) land that is a marine national park or a inserted by No. 40/2002 marine sanctuary under the National Parks s. 29. Act 1975; S. 6(1)(c) (c) land in respect of which an ongoing substituted by Nos 82/2000 protection declaration is in force under the s. 6(1), Aboriginal Heritage Act 2006; 16/2006 s. 198(Sch. 2 item 5(2)). S. 6(1)(d) * * * * * substituted by No. 82/2000 s. 6(1), repealed by No. 16/2006 s. 198(Sch. 2 item 5(2)). Authorised by the Chief Parliamentary Counsel 26 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (e) land that is— S. 6(1)(e) substituted by (i) under section 7 exempted from being No. 64/2012 subject to a licence; or s. 13. (ii) by or under any other Act exempted from exploration or mining, or being subject to a licence; (f) land that is by or under any other Act S. 6(1)(f) inserted by exempted from— No. 64/2012 s. 13. (i) search for minerals or stone; or (ii) the carrying out of an extractive industry; or (iii) being subject to an authority under this Act. (2) Despite subsection (1)(b), any area of a park that S. 6(2) inserted by is the subject of a notice under section 32D(1) of No. 82/2000 the National Parks Act 1975 is not exempted s. 6(2). from being subject to a miner's right or a tourist fossicking authority to the extent that any activity permitted under such a right or authority is consistent with an authorisation under section 32D(2)(b) of that Act in the area designated by the notice. (3) Despite subsection (1), that part of the park S. 6(3) inserted by described in Part 41 of Schedule Two to the No. 50/2002 National Parks Act 1975 that is shown by s. 20, amended by hatching on the plans lodged in the Central Nos 44/2016 Plan Office and numbered N.P. 105A/4 and s. 30, 53/2017 s. 16, 40/2020 N.P. 105B/4 is not exempt from being subject to s. 60. a mining licence, to the extent of the entitlements set out in section 40(1D)(a) of that Act, or from being subject to an exploration licence. Authorised by the Chief Parliamentary Counsel 27 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction S. 6AA 6AA Land not available for searching for stone inserted by No. 6/2009 The Crown land Minister must not give consent s. 9. under section 77A to search for stone on the following land— (a) land that is a reference area under the Reference Areas Act 1978; (b) except as provided for in section 40 of the National Parks Act 1975, land that is a national park, wilderness park, State park, marine national park or marine sanctuary under the National Parks Act 1975; (c) land in respect of which an ongoing protection declaration is in force under the Aboriginal Heritage Act 2006. S. 6A 6A Extent of application of licences and authorities inserted by No. 50/2002 under this Act to Deep Lead Nature Conservation s. 21. Reserve (No. 2) (1) Despite section 14, a mining licence issued over the Deep Lead Nature Conservation Reserve (No. 2) does not entitle the holder to carry out mining on the land surface of the whole or any part of the Reserve. (2) Despite subsection (1), a mining licence granted over any part of the Deep Lead Nature Conservation Reserve (No. 2) may authorise the holder to construct and operate minor mining infrastructure on the land surface of the Reserve, if the Minister administering section 4 of the Crown Land (Reserves) Act 1978 has consented to any such construction or operation. Consent under this subsection must not be unreasonably withheld. (3) A mining licence in respect of which a consent has been given under subsection (2) is subject to any terms and conditions imposed by the Minister administering section 4 of the Crown Land Authorised by the Chief Parliamentary Counsel 28 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (Reserves) Act 1978 as to the nature of the infrastructure and as to the effect the infrastructure may have on the Reserve. (4) Deep Lead Nature Conservation Reserve (No. 2) S. 6A(4) amended by is exempted from being subject to a miner's right No. 68/2014 or tourist fossicking authority under Part 5. s. 14. (5) In this section Deep Lead Nature Conservation Reserve (No. 2) means the land described in section 35 of the Crown Land (Reserves) Act 1978.

7 Minister may exempt land from being subject to a S. 7 (Heading) inserted by licence No. 10/2014 s. 5(1). (1) The Minister may, by writing signed by him or S. 7(1) amended by her, exempt any land from being subject to a Nos 82/2000 licence. s. 7(1)(a), 59/2010 s. 5. (2) The Minister may grant an exemption for any reason he or she decides to be appropriate, including but not limited to the following reasons— (a) if, in the Minister's opinion, the exemption is required to protect land that is of significant environmental importance; (b) if, in the Minister's opinion, the exemption is S. 7(2)(b) amended by required for the implementation of a No. 68/2014 recommendation of the Land Conservation s. 15(a). Council of which notice has been given under section 10(3) of the Land Conservation Act 1970 as in force before its repeal; (ba) if, in the Minister's opinion, the exemption is S. 7(2)(ba) inserted by required for the implementation of a No. 68/2014 recommendation of the Victorian s. 15(b). Environmental Assessment Council under Authorised by the Chief Parliamentary Counsel 29 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction the Victorian Environmental Assessment Council Act 2001 to the extent that it has been accepted by the Government; S. 7(2)(c) (c) if, in the Minister's opinion, the exemption is inserted by No. 82/2000 necessary to enable the orderly and optimal s. 7(1)(b). development of mineral resources in Victoria. S. 7(3) (3) In deciding whether to grant an exemption, the substituted by No. 10/2014 Minister must take into account— s. 5(2). (a) the known or potential value of the mineral resources and the impact that the proposed exemption may have on that value; and (b) the social and economic implications of the decision. (4) The Minister must make sure that notice of an exemption is— (a) published in the Government Gazette; and (b) recorded in the mining register. (5) The Minister may revoke an exemption by notice— (a) published in the Government Gazette; and (b) recorded in the mining register. S. 7(6) (6) The Minister may state in a notice revoking an inserted by No. 82/2000 exemption that the land that was the subject of the s. 7(2). exemption is to become available for one or more licences on or after the date specified in the notice by the Minister. S. 7(7) (7) The Minister must ensure that a copy of the inserted by No. 82/2000 revocation of an exemption is lodged in the s. 7(2). mining register. Authorised by the Chief Parliamentary Counsel 30 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction

7A Minister may declare meaning of graticular section S. 7A inserted by (1) The Minister may from time to time, by notice No. 82/2000 published in the Government Gazette, declare the s. 8. meaning of a graticular section for the purposes of this Act. (2) In making a declaration, the Minister may apply, adopt or incorporate (with or without modification) any matter contained in any document as at the time the declaration is made or at any time before then.

7B Ministers may declare low impact exploration S. 7B inserted by activity No. 82/2000 s. 8. The Minister and the Minister administering the Conservation, Forests and Lands Act 1987 may from time to time, by notice published in the Government Gazette, jointly declare an exploration activity to be low impact exploration for the purposes of this Act.

7C Ministerial Order declaring specified mines and S. 7C inserted by quarries No. 57/2009 s. 24. (1) The Minister, by Order published in the Government Gazette, may declare that a specified mine or quarry is a declared mine or declared quarry. (2) The Minister must not make a declaration under S. 7C(2) amended by subsection (1) in respect of a mine or quarry No. 32/2019 unless the Minister is satisfied that there are s. 5. geotechnical, hydrogeological, water quality or hydrological factors within the mine or quarry that pose a significant risk to— (a) public safety; or (b) the environment; or (c) infrastructure. Authorised by the Chief Parliamentary Counsel 31 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction

8 Offence to search for minerals or do work without authority S. 8(1) (1) A person, other than the Crown, must not substituted by No. 82/2000 prospect, fossick or otherwise search for minerals, s. 9. or carry out any exploration or mining, on any land unless— S. 8(1)(a) (a) the person does so in accordance with a amended by No. 59/2010 licence, a miner's right or tourist fossicking s. 42(2). authority; or (b) the person benefits from a relevant minerals exemption. 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. (2) The owner of minerals that are taken from land in contravention of subsection (1) may recover from the person taking them, as a debt due to the owner of the minerals and recoverable in a court of competent jurisdiction, the value of the minerals taken. S. 8(3) (3) Subsection (1) applies to the extraction or removal inserted by No. 67/1995 of stone under a work authority relating to an s. 60(2), extractive industry which would necessarily substituted by No. 67/1995 involve the mining of a mineral. s. 60(3), amended by No. 6/2009 s. 10. Authorised by the Chief Parliamentary Counsel 32 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction

8AA Offence to search for stone without consent S. 8AA inserted by A person must not search for stone or carry out No. 6/2009 any survey or other operation for the purpose of s. 11, substituted by searching for stone— No. 68/2014 s. 16. (a) on Crown land without consent under section 77A(1) and any consent required under section 77A(2); or (b) on any private land without— (i) the consent of the owner of the land and any consent required under section 77A(2), if the body whose consent is required under that section is not the owner; or (ii) the authority of the Minister under section 112 and any consent required under section 77A(2). Penalty: 50 penalty units.

8AB Offence to carry on extractive industry without S. 8AB inserted by authority No. 6/2009 s. 11. (1) A person must not carry out an extractive industry S. 8AB(1) amended by on any land without a current extractive industry No. 47/2015 work authority to carry out that extractive industry s. 6(1). on that land. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (2) The holder of an extractive industry work S. 8AB(2) substituted by authority and the manager of the place where the No. 47/2015 extractive industry is being carried out under the s. 6(2). work authority must not carry out extractive industry under the work authority otherwise than— (a) in accordance with the work authority; and Authorised by the Chief Parliamentary Counsel 33 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (b) in accordance with the approved work plan. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. S. 8AB(3) (3) The holder of an extractive industry work amended by No. 55/2010 authority and the manager of the place where the s. 49, extractive industry is being carried out under the substituted by No. 47/2015 work authority must comply with this Act and the s. 6(3). regulations in doing any work under the work authority. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. S. 8AB(4) (4) A person who is convicted of an offence against inserted by No. 47/2015 this section is also liable to the following default s. 6(4). penalty— (a) in the case of a corporation, 20 penalty units; (b) in any other case, 10 penalty units. Note For default penalties, see section 111A. S. 8AC 8AC Offence to carry out exploration or mining of coal inserted by No. 8/2017 seam gas s. 4. (1) A person must not carry out exploration for, or carry out mining of, coal seam gas on any land. 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. Authorised by the Chief Parliamentary Counsel 34 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (2) Subsection (1) does not apply to a person who is the holder of an exploration licence, a mining licence or a retention licence and who— (a) in the course of carrying out exploration for, or mining of, a mineral other than coal seam gas in accordance with that licence, incidentally discovers or mines coal seam gas; and (b) reports the discovery of coal seam gas in accordance with section 113A.

8AD Offence to carry out hydraulic fracturing S. 8AD inserted by No. 8/2017 The holder of an exploration licence, a mining s. 4. licence or a retention licence must not carry out any hydraulic fracturing on any land in the course of carrying out any exploration or mining under the licence. 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.

8A Aerial surveys permitted without licence S. 8A inserted by No. 82/2000 (1) A person may undertake an aerial survey for the s. 10. purpose of searching for minerals, or doing work preparatory to the search for minerals, without holding the authorisation required by section 8 if the person complies with subsection (2). (2) The person must supply any information acquired during the course of the survey as if section 116 applied to the person and as if the survey was work done under a licence. Authorised by the Chief Parliamentary Counsel 35 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (3) A person conducting an aerial survey in accordance with this section may survey land covered by licences held by other people.

9 Ownership of minerals (1) The Crown owns all minerals except— (a) those in respect of which a minerals exemption is current; and (b) those in which the property has passed under section 11. (2) A minerals exemption continues in operation after the commencement of this section until the exemption expires or is revoked. (3) The Minister may, after giving 14 days' written notice to the person who benefits from a minerals exemption, transfer, vary or revoke that exemption. (4) The person who benefits from a minerals exemption may apply to the Minister for a transfer, variation or revocation of the exemption, and the Minister may grant or refuse the application. (5) Ownership of the minerals in respect of which a minerals exemption was granted reverts to the Crown when the exemption expires or is revoked.

10 Tailings Tailings are to be treated as part of the land on which they are situated, and minerals in them are owned by the Crown unless the property in them passes under section 11, or unless a minerals exemption is current in respect of them.

11 Transfer of property in minerals (1) The property in minerals passes from the Crown to the holder of a licence or a person searching under a miner's right or tourist fossicking Authorised by the Chief Parliamentary Counsel 36 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction authority when the minerals are separated from the land in accordance with the licence, miner's right or tourist fossicking authority. (2) The property in minerals which are separated from the land otherwise than in accordance with a licence, miner's right or tourist fossicking authority remains in the Crown. (3) Subsection (2) does not apply to minerals in respect of which a minerals exemption is current.

11A Ownership of stone S. 11A inserted by No. 6/2009 (1) All stone which is on or below the surface of any s. 12. private land, despite any reservation in the Crown grant or in any Crown lease of the land, is not the property of the Crown but is the property of the owner of the land. (2) A person who— (a) holds an extractive industry work authority; or (b) applies for an extractive industry work authority— in respect of any stratum of private land immediately below which there is unalienated Crown land and who proposes to carry out an extractive industry on that unalienated Crown land is to be regarded as the owner of that Crown land for the purpose of obtaining a work authority for the carrying out of that extractive industry. (3) Despite subsection (2), the stone in any Crown land to which that subsection applies remains the property of the Crown and that person must pay royalties for the stone extracted or removed from the land and the extractive industry work authority may provide for the determination and payment of royalties accordingly. Authorised by the Chief Parliamentary Counsel 37 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction S. 12 12 Royalties amended by No. 86/1993 s. 6(a). S. 12(1) (1) Subject to section 12A, the holder of a mining amended by Nos 89/2005 licence or prospecting licence must pay royalties s. 3, 64/2012 in accordance with the rate or method of s. 14(1). assessment and at the times— (a) specified in the licence, after consultation by the Minister with the licensee; or (b) prescribed, if not specified in the licence. S. 12(2) (2) Without limiting subsection (1), the holder of a inserted by No. 86/1993 mining licence or prospecting licence must, unless s. 6(b), the Minister decides otherwise, pay royalties in amended by Nos 82/2000 respect of the disposal under section 14(2)(b) or s. 11(a)(b), 14B(2A) (as the case requires) of tailings resulting 64/2012 s. 14(2), from work under a licence over Crown land in 68/2014 s. 17. accordance with the rate or method of assessment and at the times prescribed. S. 12(3) (3) The holder of an extractive industry work inserted by No. 6/2009 authority to be carried out on Crown land must s. 13. pay royalties in accordance with the rate or method of assessment and at the times— (a) specified in the work authority; or (b) prescribed, if not specified in the work authority— unless the Minister decides to waive or vary the royalties under subsection (4). S. 12(4) (4) The Minister may waive the requirement for any inserted by No. 6/2009 holder of an extractive industry work authority to s. 13. pay royalties or vary the rate, method of assessment or times at which the royalty is to be paid by any holder of an extractive industry work authority if the Minister is satisfied that a royalty is being paid to the Crown or in any other Authorised by the Chief Parliamentary Counsel 38 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction circumstances in which the Minister is satisfied that it is appropriate that there should be such a waiver or variation.

12A Royalties for lignite S. 12A inserted by No. 89/2005 s. 4. (1) This section applies to the holder of a mining S. 12A(1) amended by licence or prospecting licence if the holder mines No. 64/2012 lignite in accordance with the licence and has s. 15(1). effect despite anything to the contrary specified in the licence or the regulations (other than regulations made for the purposes of subsection (2)). (2) The holder of the mining licence or prospecting S. 12A(2) amended by licence must pay royalties for the lignite in No. 64/2012 accordance with the prescribed rate. s. 15(2). (3) For the purposes of subsection (2), the prescribed rate is— (a) the base amount per gigajoule unit of lignite produced; or (b) if a different rate is prescribed in the regulations, that rate. (4) Without limiting subsection (2), the holder of a S. 12A(4) amended by mining licence or prospecting licence must, unless Nos. 64/2012 the Minister decides otherwise, pay royalties in s. 15(3), 68/2014, s. 17. respect of the disposal under section 14(2)(b) or 14B(2A) (as the case requires) of tailings resulting from work under a licence over Crown land in accordance with the rate or method of assessment and at the times prescribed. Authorised by the Chief Parliamentary Counsel 39 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction (5) In this section— S. 12A(5) base amount means— def. of base amount amended by (a) for the period commencing on No. 44/2014 1 July 2016 and ending on s. 33(Sch. item 16(1)),

31 December 2016, the amount substituted by determined in accordance with the No. 40/2016 s. 31. following formula— A $0 ⋅ 0588 ×   B where— A is the consumer price index number for the reference period ending on 30 June 2016; B is the consumer price index number for the financial year ending on 30 June 2005; and (b) for the period commencing on

1 January 2017 and ending on

30 June 2017, the amount determined in accordance with the following formula— $0 ⋅ 0021402 × C where— C is the consumer price index number for the financial year ending on 30 June 2016; and (c) for the financial year ending on

30 June 2018 and each subsequent financial year, the amount determined in accordance with the following formula— E D×  F Authorised by the Chief Parliamentary Counsel 40 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 1—Introduction where— D is the amount calculated under paragraph (b); E is the consumer price index number for the reference period ending on 30 June immediately preceding the financial year for which the determined amount is being calculated; F is the consumer price index number for the financial year ending on 30 June 2016; consumer price index number means the S. 12A(5) def. of all groups consumer price index number consumer for Melbourne in original terms published price index number by the Australian Bureau of Statistics; substituted as consumer price index by No. 44/2014 s. 33(Sch. item 16(2)), substituted as consumer price index number by No. 40/2016 s. 31. gigajoule unit of lignite means a quantity of S. 12A(5) def. of lignite which, when mined and measured at a gigajoule unit prescribed time and in the prescribed of lignite substituted by manner, has a net wet specific energy No. 59/2010 content of 1 gigajoule. s. 33. Authorised by the Chief Parliamentary Counsel 41 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences Pt 2 (Heading) amended by Part 2—Exploration licences, mining, No. 59/2010 s. 6. prospecting and retention licences Pt 2 Div. 1 (Heading) Division 1—General licence provisions inserted by No. 63/2006 s. 7.

13 Exploration licences (1) The holder of an exploration licence is, subject to section 43(1), entitled to carry out exploration on the land covered by the licence. (2) An exploration licence must describe the land by reference to graticular sections (whether whole or part), unless the Minister decides otherwise. (3) An exploration licence— S. 13(3)(a) (a) is current for the time specified in the licence substituted by No. 82/2000 (unless it is surrendered or cancelled earlier s. 12(1). or unless this Act otherwise provides); and (b) may be renewed in accordance with the provisions of this Part; and (c) applies to the area, not less than 1 nor more than 500 graticular sections, specified in the licence, unless the Minister decides otherwise. S. 13(4) (4) In issuing an exploration licence, the Minister inserted by No. 82/2000 may specify on the licence that it is to remain s. 12(2). current for a period of up to 5 years from the date on which it is registered. S. 13(5) (5) For the purposes of section 8(1)(k) of the inserted by No. 74/2010 Personal Property Securities Act 2009 of the s. 28(1). Commonwealth, an exploration licence is declared not to be personal property. Authorised by the Chief Parliamentary Counsel 42 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences

14 Mining licences (1) The holder of a mining licence is, subject to S. 14(1) amended by section 42(1), entitled to carry out mining on the Nos 82/2000 land covered by the licence and— s. 13(1), 10/2014 s. 6. (a) to explore for minerals; and (b) to construct any facilities specified in the licence, including drives, roads, water races, tailing dumps, tailing dams, drains, dams, reservoirs and pipe-lines; and (c) to do anything else that is incidental to that mining. (2) The licensee may— (a) use, for any mining purpose, any tailings S. 14(2)(a) amended by produced by the licensee during work under No. 86/1993 the licence or a former licence or a former s. 7(1)(a). title within the meaning of clause 2 of Schedule 2 (whether before or after

6 November 1991); or (b) with the consent of the Minister and in S. 14(2)(b) amended by accordance with any conditions imposed by No. 86/1993 the Minister on that consent, dispose of any s. 7(1)(b)(i)(ii). tailings referred to in paragraph (a). (2A) A licensee must not dispose of any tailings S. 14(2A) inserted by referred to in subsection (2)(a) otherwise than No. 86/1993 with the consent of the Minister under s. 7(2). subsection (2)(b) and in accordance with any conditions imposed by the Minister on that consent. Penalty applying to this subsection: 60 penalty units. Authorised by the Chief Parliamentary Counsel 43 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (3) A mining licence— S. 14(3)(a) (a) is current for the time specified in the amended by No. 56/1995 licence, not exceeding 20 years from the date s. 40. on which it is registered unless the Minister decides otherwise; and (b) may be renewed in accordance with the provisions of this Part; and (c) applies to the land described in the licence. S. 14(4) (4) The area of the land described in a licence must amended by Nos 59/2010 not exceed 260 hectares, unless the Minister s. 7(1), decides a greater area may be required to mine a 43/2012 s. 3(Sch. mineral resource. item 30). S. 14(5) (5) A mining licence does not entitle the holder of the inserted by No. 82/2000 licence to only explore for a mineral resource s. 13(2), during the currency of the licence. substituted by No. 59/2010 s. 7(2). S. 14(6) (6) However, the Minister may, by notice in writing, inserted by No. 82/2000 authorise the holder of such a mining licence to s. 13(2). only explore for minerals for a specified period of up to 2 years. S. 14(7) (7) For the purposes of section 8(1)(k) of the inserted by No. 74/2010 Personal Property Securities Act 2009 of the s. 28(2). Commonwealth, a mining licence is declared not to be personal property. S. 14A 14A Licence may be limited to stratum of land inserted by No. 86/1993 s. 8, A licence may be granted— amended by No. 64/2012 (a) for a stratum of land; or s. 16 (as amended by No. 70/2013 s. 3(Sch. 1 item 47.1)). Authorised by the Chief Parliamentary Counsel 44 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (b) without being limited to a particular stratum— and references in this Act to land must be construed accordingly.

14B Prospecting licences S. 14B inserted by No. 59/2010 (1) The holder of a prospecting licence is entitled— s. 8. (a) to prospect or explore for minerals; and (b) to carry out mining on the land covered by the licence; and (c) to do anything else that is incidental to that mining. (2) To avoid doubt, the holder of a prospecting licence is entitled to apply for a mining licence or retention licence in respect of the land covered by the licence. (2A) The holder of a prospecting licence may with the S. 14B(2A) inserted by consent of the Minister, and in accordance with No. 64/2012 any conditions imposed by the Minister on that s. 17. consent, dispose of any tailings produced by the holder during work under the licence. (3) A prospecting licence— (a) is current for the time specified in the S. 14B(3)(a) amended by licence, not exceeding 7 years from the date No. 32/2019 on which it is registered; and s. 54. (b) cannot be renewed; and (c) applies to the land described in the licence. (4) The area of the land described in a prospecting licence must not exceed 5 hectares. (5) For the purposes of section 8(1)(k) of the S. 14B(5) inserted by Personal Property Securities Act 2009 of the No. 68/2014 Commonwealth, a prospecting licence is declared s. 18. not to be personal property. Authorised by the Chief Parliamentary Counsel 45 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 14BA 14BA Holder of prospecting licence must not dispose of inserted by tailings contrary to Minister's consent No. 64/2012 s. 18. A holder of a prospecting licence must not dispose of any tailings contrary to any consent of the Minister under section 14B(2A). Penalty: 60 penalty units. S. 14C 14C Retention licences inserted by No. 59/2010 s. 8. (1) The holder of a retention licence is entitled— (a) to retain rights to a mineral resource in the land covered by the licence— (i) that is not economically viable to mine but may become economically viable to mine in the future; or (ii) for the purpose of sustaining the operations of an existing mine; and (b) to explore and carry out other work to establish the economic viability of mining a mineral resource in the land covered by the licence. (2) To avoid doubt, the holder of a retention licence is entitled to— (a) apply for a mining licence in respect of the land covered by the licence; or (b) give consent to another person to apply for a mining licence in respect of the land covered by the licence. (3) A retention licence— (a) is current for the time specified in the licence, not exceeding 10 years from the date on which it is registered; and Authorised by the Chief Parliamentary Counsel 46 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (b) may be renewed in accordance with the S. 14C(3)(b) provisions of this Part; and substituted by No. 68/2014 s. 19(1). (c) applies to the land described in the licence. (4) The area of the land described in a licence is the area the Minister determines as the area that may be required for the purpose of mining a mineral resource in the future. (5) For the purposes of section 8(1)(k) of the S. 14C(5) inserted by Personal Property Securities Act 2009 of the No. 68/2014 Commonwealth, a retention licence is declared not s. 19(2). to be personal property. Pt 2 Div. 2 Division 2—Licence process (Heading and s. 14AB) inserted by No. 63/2006 s. 8.

14AB Application of this Division S. 14AB inserted by No. 63/2006 The provisions in this Division do not apply to a s. 8. licence for which an application may be made under Division 3 unless specifically applied under Division 3.

15 Application for a licence (1) A person may apply to the Minister in accordance S. 15(1) amended by with the regulations for an exploration licence, a No. 59/2010 mining licence, prospecting licence or retention s. 9(1). licence. (1A) An application for a licence is ineffective, and S. 15(1A) inserted by must not be accepted by the Minister, to the extent No. 86/1993 that it is for— s. 9(1). (a) a licence over land that is covered by a S. 15(1A)(a) substituted by mining licence or that is the subject of an No. 59/2010 application for a mining licence; or s. 9(2). Authorised by the Chief Parliamentary Counsel 47 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 15(1A)(b) (b) an exploration licence over land that is substituted by covered by an exploration licence or that is No. 59/2010 s. 9(2). the subject of an application for an exploration licence; or S. 15(1A)(ba) (ba) a prospecting licence over land that is inserted by No. 59/2010 covered by a prospecting licence or that is s. 9(2). the subject of an application for a prospecting licence; or S. 15(1A)(bb) (bb) a retention licence over land that is covered inserted by No. 59/2010 by a retention licence or that is the subject of s. 9(2). an application for a retention licence; or S. 15(1A)(c) (c) a mining licence over land that is covered by amended by No. 59/2010 an exploration licence or a prospecting s. 9(3)(a). licence or retention licence unless— S. 15(1A)(c)(i) (i) the applicant is the holder of the amended by No. 59/2010 exploration licence, prospecting licence s. 9(3)(b). or retention licence; or S. 15(1A)(c)(ii) (ii) the application is accompanied by the substituted by No. 82/2000 written consent of the holder of the s. 14(1)(a), exploration licence, prospecting licence amended by No. 59/2010 or retention licence to the granting of s. 9(3)(b). the licence; or S. 15(1A)(c)(iii) * * * * * inserted by No. 82/2000 s. 14(1)(a), repealed by No. 59/2010 s. 9(3)(c). S. 15(1A)(ca) (ca) a prospecting licence over land that is inserted by No. 59/2010 covered by an exploration licence or that is s. 9(4). the subject of an application for an exploration licence unless— (i) the applicant is the holder of, or the applicant for, the exploration licence; or Authorised by the Chief Parliamentary Counsel 48 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (ii) the application is accompanied by the written consent of the holder of, or the applicant for, the exploration licence to the granting of the licence; or (iii) the exploration licence was first registered more than 2 years before the application for the prospecting licence was lodged; or (cb) a prospecting licence over land that is S. 15(1A)(cb) inserted by covered by a retention licence or that is the No. 59/2010 subject of an application for a retention s. 9(4). licence unless— (i) the applicant is the holder of, or the applicant for, the retention licence; or (ii) the application is accompanied by the written consent of the holder of, or the applicant for, the retention licence to the granting of the licence; or (cc) a retention licence over land that is covered S. 15(1A)(cc) inserted by by an exploration licence or that is the No. 59/2010 subject of an application for an exploration s. 9(4). licence unless— (i) the applicant is the holder of, or the applicant for, the exploration licence; or (ii) the application is accompanied by the written consent of the holder of, or the applicant for, the exploration licence to the granting of the licence; or (cd) a retention licence over land that is covered S. 15(1A)(cd) inserted by by a prospecting licence or that is the subject No. 59/2010 of an application for a prospecting licence s. 9(4). unless— (i) the applicant is the holder of, or the applicant for, the prospecting licence; or Authorised by the Chief Parliamentary Counsel 49 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (ii) the application is accompanied by the written consent of the holder of, or the applicant for, the prospecting licence to the granting of the licence; or S. 15(1A)(d) (d) a licence over land in respect of which an substituted by No. 82/2000 application for a licence has already been s. 14(1)(b). made (unless the application is made on the same day as the other application); or S. 15(1A)(e) (e) a licence over land that is subject to the amended by No. 82/2000 tender process under section 27; or s. 14(1)(c). S. 15(1A)(f) (f) a licence over land that is the subject of an inserted by No. 82/2000 exemption under section 6 or 7; or s. 14(1)(c). S. 15(1A)(g) (g) a prospecting licence over land that abuts inserted by No. 82/2000 land covered by an adjoining prospecting s. 14(1)(c), licence and— repealed by No. 63/2006 s. 9(a), new s. 15(1A)(g) inserted by No. 59/2010 s. 9(5). S. 15(1A)(g)(i) (i) that application has been made within amended by No. 64/2012 2 years after the registration of the s. 19(1). adjoining prospecting licence; or (ii) the land to be covered by that application and land covered by other prospecting licences will form a contiguous area of land that exceeds 20 hectares; or S. 15(1A)(ga) (ga) a prospecting licence over land that abuts inserted by No. 64/2012 land that is the subject of an application for a s. 19(2). prospecting licence; or Authorised by the Chief Parliamentary Counsel 50 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (h) a licence over land that was covered by a S. 15(1A)(h) previous licence if the application is lodged inserted by No. 82/2000 less than 28 days after the previous licence s. 14(1)(c). ceased to apply to the land; or (i) a licence over land that was the subject of a S. 15(1A)(i) inserted by previous application if the application is No. 82/2000 lodged less than 28 days after the previous s. 14(1)(c). application lapsed, or was withdrawn, rejected or not accepted. (1AB) Subsection (1A)(h) and (i) do not apply if— S. 15(1AB) inserted by No. 10/2014 (a) the person who applied for the licence is the s. 7. holder of an exploration licence, mining licence or retention licence covering land that surrounds the area of the application; and (b) the land was previously covered by— (i) a mining licence not exceeding 5 hectares; or (ii) a prospecting licence; or (iii) an application for a prospecting licence. (1B) An application of a kind described in S. 15(1B) inserted by paragraphs (a) to (e) of subsection (1A) must be No. 86/1993 taken to be an application for an exploration s. 9(1), amended by licence, mining licence, prospecting licence or No. 59/2010 retention licence (as the case requires) over any s. 9(6). other land to which it relates. (1BA) An application for a licence must specify the S. 15(1BA) inserted by mineral or minerals to which the licence will No. 59/2010 relate. s. 9(7). (1BAA) An application for an exploration licence, a S. 15(1BAA) inserted by mining licence or a retention licence is ineffective, No. 8/2017 and must not be accepted by the Minister, to the s. 5. extent that it specifies that the licence is to relate to coal seam gas. Authorised by the Chief Parliamentary Counsel 51 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S 15(1BB) (1BB) An application for a mining licence (other than an inserted by infrastructure mining licence) or a retention No. 59/2010 s. 9(7). licence must describe, in accordance with the guidelines issued by the Minister, a mineral resource. S 15(1BC) (1BC) In addition, an application for a retention licence inserted by No. 59/2010 must specify the area of land that the licence will s. 9(7). cover and the reasons for that coverage. S 15(1BD) (1BD) To avoid doubt, an application for an exploration inserted by No. 59/2010 licence or a prospecting licence is not required to s. 9(7). describe a mineral resource. S 15(1BE) (1BE) If the mineral resource described in an application inserted by No. 59/2010 referred to in subsection (1BB) is not being mined s. 9(7). from the land that will be covered by the licence being applied for, the application must include a report (a mineralisation report) prepared by a competent person that— (a) sets out the exploration results in relation to the described mineral resource; and (b) includes an analysis of whether the exploration results indicate that there is a reasonable prospect that the mining of the described mineral resource will be economically viable. S 15(1BF) (1BF) The exploration results referred to in inserted by No. 59/2010 subsection (1BE) must— s. 9(7). (a) specify the type of the mineral or minerals; and (b) specify the location, depth, quantity and extent of the mineral or minerals; and (c) specify the method by which the extent of the mineral or minerals have been determined; and (d) include analytical results obtained from samples of the mineral or minerals. Authorised by the Chief Parliamentary Counsel 52 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (1BG) In subsection (1BE), a competent person means a S 15(1BG) person prescribed for the purposes of that inserted by No. 59/2010 subsection as a competent person. s. 9(7). (1BH) Unless otherwise provided by the regulations, an S 15(1BH) inserted by application for a mining licence, prospecting No. 68/2014 licence or retention licence must include a survey s. 20(1). of the boundaries of the land proposed to be covered by the licence in accordance with Division 3A. (1C) An application for a licence is ineffective, and S. 15(1C) inserted by must not be accepted by the Minister, if it does not No. 82/2000 contain all of the details required by the s. 14(2). regulations for an application for that type of licence. (1D) For the purpose of determining whether an S. 15(1D) inserted by application falls within a category listed in No. 82/2000 subsection (1A), the Minister may ask the s. 14(2). applicant to provide additional information about the application (but only if that information is not information that was required by the regulations). (1E) The request for the additional information must be S. 15(1E) inserted by made in writing and may specify a time within No. 82/2000 which the information is to be given to the s. 14(2). Minister. (1F) If, in asking for additional information, the S. 15(1F) inserted by Minister specified a period within which the No. 82/2000 information was to be given, the application s. 14(2). lapses if— (a) the information is not given to the Minister within the time specified by the Minister in making the request (or within any later time subsequently allowed by the Minister in writing); and Authorised by the Chief Parliamentary Counsel 53 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (b) the Minister has not withdrawn the request for the information within the times referred to in paragraph (a). S. 15(1G) (1G) If, in asking for additional information, the inserted by No. 82/2000 Minister did not specify a period within which the s. 14(2). information was to be given, the application lapses if the information is not given to the Minister within 6 months after the request was made (unless the Minister withdraws the request within that time). S. 15(2) (2) If the Minister does not accept an application, he substituted by No. 82/2000 or she must notify the applicant in writing that the s. 14(3). application has not been accepted and must include in the notification details of the reasons why it was not accepted. S. 15(3) (3) If the Minister accepts an application, he or she amended by No. 76/1998 must notify the applicant in writing that the s. 31(b), application has been accepted, and must include in substituted by No. 82/2000 the notification— s. 14(3). S. 15(3)(aa) (aa) if the application is not the only application inserted by No. 64/2012 that has been accepted, a statement that more s. 19(3). than one application has been received and accepted and that the applications will be ranked in accordance with this Part; or S. 15(3)(a) (a) if, because of section 23, the application has amended by No. 64/2012 a lower ranking than another application, a s. 19(4). statement that another application has a higher ranking; or S. 15(3)(b) (b) in any other case, a statement that the amended by No. 64/2012 application has the highest ranking. s. 19(5). Authorised by the Chief Parliamentary Counsel 54 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (4) On an application ceasing to have a lower ranking S. 15(4) than another application, the Department Head amended by Nos 76/1998 must notify the applicant that the application has s. 31(b), the highest ranking. 64/2012 s. 19(6). (5) An applicant for a licence must, within 14 days S. 15(5) amended by after being notified under subsection (3)(b) or (4) Nos 53/2011 that the application has the highest ranking, s. 3, 64/2012 s. 19(7). advertise the application in accordance with the regulations and, if the application is for a mining licence or a prospecting licence, give notice of it in accordance with the regulations to the owner 2 and occupier of the land affected . (5A) The Minister must, as soon as practicable after an S. 15(5A) inserted by applicant for a licence covering unrestricted No. 86/1993 Crown land is notified under subsection (3)(b) s. 9(2), amended by or (4) that the application has the highest ranking, Nos 63/2006 consult with the Crown land Minister in relation s. 9(b), 64/2012 to the carrying out of work on that land and the s. 19(8). Crown land Minister may recommend to the Minister conditions to which the licence should be made subject. (6) An applicant for a licence must satisfy the Minister that the applicant— (a) is a fit and proper person to hold the licence; and (b) intends to comply with this Act; and S. 15(6)(b) substituted by No. 86/1993 s. 9(3). (ba) subject to subsection (6A), genuinely intends S. 15(6)(ba) inserted by to do work; and No. 86/1993 s. 9(3), substituted by No. 59/2010 s. 9(8). Authorised by the Chief Parliamentary Counsel 55 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 15(6)(c) (c) subject to subsection (6A), has an substituted by appropriate program of work; and No. 59/2010 s. 9(8). (d) is likely to be able to finance the proposed work and rehabilitation of the land. S. 15(6A) (6A) An applicant for a retention licence is not required inserted by No. 59/2010 to satisfy the Minister that the applicant genuinely s. 9(9). intends to do work and has an appropriate program of work if the Minister considers it unnecessary or inappropriate in the circumstances. S. 15(6B) (6B) Without limiting subsection (6), an applicant for a inserted by No. 59/2010 mining licence (other than an infrastructure s. 9(9). mining licence) or a retention licence must satisfy the Minister that there is a reasonable prospect that the mining of the mineral resource described in the application will be economically viable. S. 15(6C) (6C) Without limiting subsection (6), in the case where inserted by No. 59/2010 the Minister accepts an application for a mining s. 9(9). licence or a retention licence referred to in subsection (1BB), the Minister must, for the purpose of being satisfied whether to grant the mining licence or retention licence, consider the mineralisation report included in the application. (7) An applicant for a licence must provide any additional information about the application that is requested in writing by the Minister, within 14 days after receipt of the request or any longer time allowed by the Minister. S. 15(8) (8) If the Minister asks for additional information substituted by No. 82/2000 about an application, the application lapses if— s. 14(4). (a) the information is not given to the Minister within the time required by subsection (7); and (b) the Minister has not withdrawn the request for the information within that time. Authorised by the Chief Parliamentary Counsel 56 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (9) In consenting to the granting of a mining licence, S. 15(9) prospecting licence or retention licence over land substituted by No. 82/2000 that is covered by an exploration licence or that is s. 14(4), the subject of an application for an exploration amended by No. 64/2012 licence, the holder of, or the applicant for, the s. 19(9), exploration licence may make the consent substituted by No. 68/2014 conditional on specified depth restrictions. s. 20(2). * * * * * S. 15(10)–(14) repealed by No. 82/2000 s. 14(5). * * * * * S. 15(15) amended by No. 27/1991 s. 4(3), repealed by No. 82/2000 s. 14(5). * * * * * S. 15(16)–(18) repealed by No. 82/2000 s. 14(5). * * * * * S. 15(19) amended by No. 27/1991 s. 4(3), repealed by No. 82/2000 s. 14(5).

16 Applicant for licence—fit and proper person S. 16 amended by No. 76/1998 (1) For the purpose of being satisfied under s. 31(b), section 15(6)(a) that an applicant for a licence repealed by No. 82/2000 is a fit and proper person to hold the licence, the s. 14(6), Minister must have regard to whether— new s. 16 inserted by (a) the Minister has taken action under No. 59/2010 s. 10. section 83 to rehabilitate land because the applicant or an associate of the applicant has not complied with Part 7, including— Authorised by the Chief Parliamentary Counsel 57 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (i) the circumstances which led to the taking of that action under that Part; and (ii) when those circumstances arose; (b) a licence held by the applicant or an associate of the applicant has been cancelled, including— (i) the circumstances which led to that cancellation; (ii) when those circumstances arose; (c) the applicant or an associate of the applicant has been convicted of an offence against the Act, including— (i) the nature of the offence; (ii) when the offence was committed; (iii) the penalty imposed; (d) the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty including— (i) the nature of the offence; (ii) when the offence was committed; (iii) the penalty imposed. (2) The Minister cannot be satisfied under section 15(6)(a) that an applicant for a licence is a fit and proper person to hold the licence if the applicant or an associate of the applicant is an insolvent under administration. (3) Subsections (1) and (2) do not limit what the Minister must be satisfied of under section 15(6)(a). Authorised by the Chief Parliamentary Counsel 58 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (4) In this section associate means a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the applicant's business.

16A Application for mining licence or retention licence S. 16A inserted by where exploration licence or prospecting licence No. 59/2010 covers same land s. 10. (1) This section applies if— (a) an application is made for a mining licence or retention licence in relation to land covered by an exploration licence or prospecting licence; and (b) the exploration licence or prospecting licence (as the case may be) will expire before the Minister grants or refuses to grant the mining licence or retention licence. (2) Despite anything to the contrary in this Act, the part of the exploration licence or prospecting licence that covers the land that is the subject of the application continues in effect after the date it would have otherwise expired until the Minister grants or refuses to grant the mining licence or retention licence (as the case may be).

16B Application for mining licence where retention S. 16B inserted by licence covers same land No. 68/2014 s. 21. (1) This section applies if— (a) an application is made for a mining licence in relation to land covered by a retention licence; and (b) the retention licence will expire before the Minister grants or refuses to grant the mining licence. Authorised by the Chief Parliamentary Counsel 59 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (2) Despite anything to the contrary in this Act, the part of the retention licence that covers the land that is the subject of the application continues in effect after the date it would have otherwise expired until the Minister grants or refuses to grant the mining licence.

17 Application not transferable An application for a licence is not transferable. S. 18 18 Notice of applications with the highest ranking (Heading) inserted by No. 63/2006 The Department Head must, within 14 days s. 10(1), after an applicant for a licence is notified under amended by No. 64/2012 section 15(3)(b) or (4) that the application has the s. 20(1). highest ranking, give notice of the application S. 18 to— amended by Nos 76/1998 s. 31(b), 64/2012 s. 20(2). S. 18(a) (a) any person or body nominated by the amended by No. 16/2006 Minister administering the Aboriginal s. 198(Sch. 2 Heritage Act 2006; and item 5(3)). S. 18(b) (b) any registered Aboriginal party (within the amended by Nos 82/2000 meaning of the Aboriginal Heritage s. 15, 63/2006 Act 2006) for an area to which the s. 10(2)(a), substituted by application relates; and No. 16/2006 s. 198(Sch. 2 item 5(4)) (as amended by No. 63/2006 s. 61(Sch. item 1.4)). Authorised by the Chief Parliamentary Counsel 60 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (c) if the application is for a mining licence or S. 18(c) prospecting licence, the Executive Director inserted by No. 63/2006 (within the meaning of the Heritage s. 10(2)(b), Act 2017). amended by Nos 68/2014 s. 22, 7/2017 s. 304.

19 Withdrawal of application New s. 19 inserted by No. 82/2000 (1) An applicant for a licence may withdraw the s. 16. application, either in whole or in part, by delivering a signed notice of withdrawal to the Minister. (2) A withdrawal takes effect on the delivery of the notice to the principal office of the Department Head. * * * * * Ss 19, 20 amended by No. 76/1998 s. 31(b), repealed by No. 82/2000 s. 17. * * * * * S. 21 repealed by No. 82/2000 s. 17. * * * * * S. 22 amended by Nos 86/1993 s. 10(a)(b), 76/1998 s. 31(b), repealed by No. 82/2000 s. 17. Authorised by the Chief Parliamentary Counsel 61 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 23 23 Ranking of applications (Heading) inserted by No. 64/2012 s. 21(1). S. 23 substituted by No. 82/2000 s. 18. S. 23(1) (1) If more than one application for a licence in amended by No. 64/2012 respect of the same land is received on the same s. 21(2). day, the Minister must rank those applications in accordance with this section. S. 23(2) (2) The Minister must give the highest ranking to the amended by No. 64/2012 application that he or she believes will best further s. 21(3). the objectives of this Act after considering— (a) the relative merits of the applications; and (b) the likely ability of each applicant to meet the requirements specified in section 15(6). S. 23(3) (3) Once an application has been given the highest amended by No. 64/2012 ranking, any further assessment of the application s. 21(4). must be made without regard to anything contained in applications having a lower ranking.

24 Objections to licence (1) Any person may object to a licence being granted. (2) A person who objects must— (a) put the objection in writing; and (b) include the grounds on which it is made; and (c) send it to the Minister within 21 days after the latest date on which the application was advertised. Authorised by the Chief Parliamentary Counsel 62 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (3) The Department Head must make sure that a copy S. 24(3) of each objection received by the Minister is amended by No. 76/1998 available to be inspected at the principal office of s. 31(b). the Department by any person, on request and free of charge, during office hours until the application is granted or refused.

24A Comments on licence S. 24A inserted by No. 32/2019 (1) Any person may comment on a licence being s. 55. granted. (2) A person who comments must— (a) put the comments in writing; and (b) include the basis on which the comments are made; and (c) send the comments to the Minister within 21 days after the latest date on which the application was advertised. (3) The Department Head must make sure that a copy of each set of comments received by the Minister is available to be inspected at the principal office of the Department by any person, on request and free of charge, during office hours until the application is granted or refused.

25 Grant or refusal of licence (1) The Minister must not grant a licence over land— (a) that is covered by a mining licence; or (b) that is covered by an exploration licence, S. 25(1)(b) amended by unless the application is for a mining licence No. 82/2000 or retention licence and, if the applicant is s. 19(a), substituted by not the holder of the exploration licence, the No. 59/2010 holder of that licence consents in writing; or s. 11(1). (ba) that is covered by an exploration licence or S. 25(1)(ba) inserted by that is the subject of an application for an No. 59/2010 exploration licence, unless the application is s. 11(2). for a prospecting licence and, if the applicant Authorised by the Chief Parliamentary Counsel 63 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences is not the holder of the exploration licence or the applicant for the exploration licence— (i) the holder or applicant of the exploration licence consents in writing; or (ii) in the case of an exploration licence, both of the following conditions apply— (A) the exploration licence was first registered more than 2 years before the application was lodged; and (B) the Minister has waived the need for the exploration licence holder's consent under section 25A; or S. 25(1)(c) (c) that has been covered by an exploration amended by No. 82/2000 licence for at least 2 years, if the granting of s. 19(c), the licence would mean that— substituted by No. 59/2010 s. 11(3). (i) the number of— (A) mining licences granted by virtue of section 25A before the commencement of section 12 of the Mineral Resources Amendment (Sustainable Development) Act 2010; or (B) prospecting licences granted by virtue of that section on and after the commencement of section 12 of the Mineral Resources Amendment (Sustainable Development) Act 2010— over land covered by the exploration licence is more than the number of graticular sections covered by the exploration licence divided by 10; or Authorised by the Chief Parliamentary Counsel 64 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (ii) any 2 areas covered by— (A) mining licences granted by virtue of section 25A before the commencement of section 12 of the Mineral Resources Amendment (Sustainable Development) Act 2010; or (B) prospecting licences granted by virtue of that section on and after the commencement of section 12 of the Mineral Resources Amendment (Sustainable Development) Act 2010— within the exploration licence would be 1 kilometre or less apart at the closest points; or (d) that is the subject of any other application that— (i) has not been determined; and (ii) has, because of section 23, a higher S. 25(1)(d)(ii) amended by ranking than the present application; or No. 64/2012 s. 22. (e) that is exempted under this or any other Act from being subject to— (i) an exploration licence, if the application is for an exploration licence; or (ii) a mining licence, if the application is for a mining licence; or (iii) a prospecting licence, if the application S. 25(1)(e)(iii) inserted by is for a prospecting licence; or No. 68/2014 s. 23(a). Authorised by the Chief Parliamentary Counsel 65 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 25(1)(e)(iv) (iv) a retention licence, if the application is inserted by for a retention licence; or; No. 68/2014 s. 23(a). (f) that is subject to a current minerals exemption; or S. 25(1)(g) (g) that is subject to the tender process under amended by No. 63/2006 section 27, unless the licence is granted to s. 11(1). the successful tenderer; or S. 25(1)(h) * * * * * amended by No. 86/1993 s. 11(1), repealed by No. 82/2000 s. 19(b). S. 25(1)(i) (i) that is limited to a particular stratum unless inserted by No. 86/1993 the Minister is satisfied that the applicant can s. 11(1). obtain reasonable access to and use of the land. S. 25(2) (2) Otherwise, the Minister may grant or refuse a substituted by No. 10/2014 licence, after considering any objections made s. 8(1), under section 24 and any comments made amended by No. 32/2019 under section 24A— s. 56. (a) in the case of an exploration licence or a prospecting licence, within 90 days of the application being accepted in accordance with section 15; or (b) in the case of a retention licence or mining licence, within 120 days of the application being accepted in accordance with section 15. S. 25(2A) (2A) For the purposes of subsection (2), the calculation inserted by No. 10/2014 of the number of days in which a licence may be s. 8(2). granted or refused does not include any day that occurs within any of the following periods— Authorised by the Chief Parliamentary Counsel 66 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (a) from the time that the Minister asks the applicant under section 15(7) to provide additional information until that information is provided; (b) from the time that a matter relevant to the application is referred for investigation to the mining warden under section 25A, 97 or 98 until that investigation is completed; (c) in the case of an application involving Crown land, any time taken by the applicant to comply with the requirements of the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010. (3) The Minister may grant a licence if the applicant S. 25(3) amended by has substantially complied with this Act and the Nos. 86/1993 regulations (provided that the applicant complies s. 11(2), 68/2014 with section 15(6)(a), (b), (c) and (d)), and may s. 23(b) refuse to grant a licence even though the applicant has complied with this Act and the regulations. * * * * * S. 25(3A) inserted by No. 86/1993 s. 11(3), repealed by No. 82/2000 s. 19(b). (4) Subsection (3) does not authorise the Minister to grant a licence if the applicant has not complied with this Act or the regulations unless the Minister is satisfied that the non-compliance is not likely to affect adversely any person's rights under this Act or the regulations or to result in any person being deprived of information necessary for the effectual exercise of those rights. (5) For the purposes of subsection (1)(c)(i), any part of a graticular section covered by the licence, and any fraction of a graticular section that remains Authorised by the Chief Parliamentary Counsel 67 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences after dividing the number of graticular sections covered by the licence by 10, must be treated as a whole graticular section. S. 25(6) (6) In determining whether the limit imposed by amended by No. 68/2014 subsection (1)(c)(i) or (ii) would be exceeded by s. 23(c). the granting of a prospecting licence, regard must be had to the area covered by the exploration licence after excluding any area— (a) excluded on a renewal of the exploration licence; or (b) identified for exclusion in an application lodged for renewal of the exploration licence— on account of section 38A. (7) On granting a licence over land the Minister must refuse any other application for a similar type of licence that has been received to the extent that it relates to land covered by the licence being granted. Note to s. 25 * * * * * inserted by No. 62/2010 s. 140(1), repealed by No. 10/2014 s. 8(3). S. 25A 25A Waiver of exploration licence holder's consent inserted by No. 82/2000 s. 20. (1) This section applies if— S. 25A(1)(a) (a) a person applies for a prospecting licence substituted by No. 59/2010 over land that is covered by an exploration s. 12(1). licence; and S. 25A(1)(b) * * * * * repealed by No. 59/2010 s. 12(2). Authorised by the Chief Parliamentary Counsel 68 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (c) the exploration licence was first registered S. 25A(1)(c) more than 2 years before the application was substituted by No. 59/2010 lodged; and s. 12(3). (d) the person is unable to obtain the written S. 25A(1)(d) amended by consent of the holder of the exploration No. 59/2010 licence to the granting of the licence. s. 12(4). (2) The person may apply to the Minister for the Minister to waive the need for the person to obtain the exploration licence holder's consent to the granting of the licence. (3) An application must be made in the form and manner required by the Minister. (4) On the receipt of an application for waiver, the S. 25A(4) amended by Minister must assess whether the granting of the No. 59/2010 prospecting licence would mean that the limit s. 12(5). imposed by section 25(1)(c)(i) or (ii) would be exceeded. (5) If the Minister determines that the limit would not be exceeded, the Minister must refer the application for waiver to the mining warden for a recommendation as to whether the Minister should grant the waiver. (6) The mining warden must, within 30 days after receiving a referral, make a recommendation to the Minister about whether or not the Minister should grant the waiver. (7) The mining warden must not recommend that the Minister grant a waiver unless the mining warden is satisfied that the granting of the application for the licence— (a) would not be likely to significantly interfere with any work being, or proposed to be, carried out by the exploration licence holder; and Authorised by the Chief Parliamentary Counsel 69 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (b) would not be unfair to the exploration licence holder; and (c) would not otherwise be inappropriate. (8) In making a recommendation, the mining warden may propose specified depth restrictions that should be applied if the licence is granted. (9) Before granting a waiver, the Minister must consider the recommendation made by the mining warden.

26 Grant of licence (1) The Minister may grant a licence over an area that is smaller than the area in respect of which the application is made. (2) The Minister may impose conditions to which a licence is subject, including but not limited to conditions about— (a) rehabilitation of the land; S. 26(2)(b) (b) elimination and minimisation of the risks substituted by No. 47/2015 that the work may pose to the environment, s. 7(1). to any member of the public, or to land, property or infrastructure in the vicinity of the work; (c) protection of groundwater; S. 26(2)(d) (d) providing and implementing environmental repealed by No. 82/2000 offsets on the land or any other land; s. 21(1), new s. 26(2)(d) inserted by No. 63/2006 s. 11(2)(a). S. 26(2)(da) (da) work undertaken under a licence; inserted by No. 59/2010 s. 13(1). (e) expenditure; Authorised by the Chief Parliamentary Counsel 70 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (f) reporting the discovery of minerals; (g) entering into a rehabilitation bond; (h) payment of fees; (ha) payment of an environmental levy; S. 26(2)(ha) inserted by No. 82/2000 s. 21(2). (i) payment of royalties, other than royalties in S. 26(2)(i) substituted by respect of lignite; No. 89/2005 s. 5. (j) access to and use of the land by the holder of S. 26(2)(j) substituted by another licence that is limited to a particular No. 86/1993 stratum; s. 12(1), amended by No. 63/2006 s. 11(2)(b). (k) protection of community facilities. S. 26(2)(k) repealed by No. 86/1993 s. 12(1), new s. 26(2)(k) inserted by No. 63/2006 s. 11(2)(c). (2A) If, because of section 40(2)(b) or (c), a person S. 26(2A) inserted by holding a mining or prospecting licence is not No. 10/2014 required to lodge a work plan, the Minister may s. 9. impose a condition requiring compliance with a Code of Practice on that mining licence or prospecting licence. (3) The Minister must impose, as conditions to which S. 26(3) substituted by a licence is subject, any conditions subject to No. 82/2000 which consent to the application for the licence s. 21(3). was obtained under section 15(9). (3A) If the Minister has granted a waiver under S. 26(3A) inserted by section 25A, the Minister may impose, as No. 82/2000 conditions to which the licence is subject, any s. 21(3). conditions relating to specified depth restrictions that were recommended under section 25A(8) with respect to the granting of the licence. Authorised by the Chief Parliamentary Counsel 71 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 26(4) (4) It is a condition of a licence that the licensee pays amended by rent from the date of registration of the grant of Nos 86/1993 s. 12(2), the licence, in accordance with the rate or method 82/2000 of assessment and at the times prescribed. s. 21(4), 59/2010 s. 14. S. 26(4AA) (4AA) Following consultation with the licensee, the inserted by No. 47/2015 Minister may by notice in writing require, as a s. 7(2). condition to which a licence is subject, that the licensee— (a) submit to the Minister a report on work undertaken under the licence; and (b) publish that report. S. 26(4AB) (4AB) A notice under subsection (4AA) must specify— inserted by No. 47/2015 s. 7(2). (a) the work undertaken under the licence on which the licensee must report; and (b) the manner in which the licensee must submit the report to the Minister; and (c) the manner in which the licensee must publish the report; and (d) the dates by which the report must be submitted and published. S. 26(4A) (4A) It is a condition of a licence that, in providing a inserted by No. 82/2000 document to the Minister under section 116, the s. 21(5), licensee must give the Crown a licence to amended by No. 68/2014 reproduce the document and any information in s. 24. the document. S. 26(5)(6) * * * * * repealed by No. 82/2000 s. 21(1). Authorised by the Chief Parliamentary Counsel 72 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences * * * * * S. 26(7) substituted by No. 52/1998 s. 311(Sch. 1 item 64.2), repealed by No. 82/2000 s. 21(1). (7) It is a condition of a licence that the licensee S. 26(7) inserted by comply with any conditions specified in a land use 68/2014 s. 26. activity agreement under section 31(3) or 31(3A) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the licence. (8) A licence has no effect until registered. (9) On the registration of the grant of a mining S. 26(9) inserted by licence, any land covered by that licence that was, No. 63/2006 immediately before the registration, covered by an s. 11(3). exploration licence ceases to be covered by that exploration licence. (10) On the registration of the grant of a mining S. 26(10) inserted by licence, any land covered by that licence that was, No. 59/2010 immediately before the registration, covered by a s. 13(2). prospecting licence or retention licence ceases to be covered by that prospecting licence or retention licence. (11) On the registration of the grant of a retention S. 26(11) inserted by licence, any land covered by that licence that was, No. 59/2010 immediately before the registration, covered by an s. 13(2). exploration licence or prospecting licence ceases to be covered by that exploration licence or prospecting licence.

26AAA Transfer of consents and approvals to undertake S. 26AAA inserted by work No. 10/2014 s. 10. The Department Head may approve the transfer of an approved work plan, rehabilitation bond or any other consent or approval in relation to a licence under this Act to any other licence held by the same licensee. Authorised by the Chief Parliamentary Counsel 73 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences Pt 2 Div. 3 Division 3—Licence process for direct allocation of (Heading and ss 26AA– licences relating to coal 26AQ) inserted by No. 63/2006 Subdivision 1—General s. 12. S. 26AA 26AA Definition inserted by No. 63/2006 s. 12. In this Division, exempted land means land— S. 26AA(a) (a) that has been exempted under section 7 from substituted by being subject to a licence; and 68/2014 s. 27. (b) that is not subject to an exemption under section 6. S. 26AB 26AB Licence applications under Division to be in respect inserted by No. 63/2006 of exempted land s. 12. An application for a licence under this Division may only be made in respect of exempted land. Subdivision 2—Licences granted by the Minister S. 26AC 26AC Who may apply for a licence under this inserted by Subdivision? No. 63/2006 s. 12. A person may apply for a licence under this Subdivision only if the Minister is satisfied that— (a) the person was a successful tenderer under a prior competitive process equivalent to the tender process under section 27; and (b) in order to implement the requirements of the tender, the person requires access to coal. S. 26AD 26AD Application procedure inserted by No. 63/2006 s. 12. (1) A person may apply to the Minister in accordance with the regulations for a licence to carry out the exploration or mining of coal on exempted land. Authorised by the Chief Parliamentary Counsel 74 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (2) Sections 15(1BC) to (1BG), 15(1BH), 15(1C), S. 26AD(2) 15(2), 15(6), 15(6A) to (6C), 15(7), 15(8), 16 amended by Nos 59/2010 and 16A apply to an application under this s. 15, 64/2012 Subdivision as if the application were made under s. 23, 68/2014 s. 28(1). Division 2. (3) If the Minister accepts an application, he or she must notify the applicant in writing that the application has been accepted. (4) An applicant for a licence must, within 14 days after being notified under subsection (3) that the application has been accepted— (a) advertise the application in accordance with the regulations; and (b) if the application is for a mining licence, give notice of it in accordance with the regulations to the owner and occupier of the land affected. (5) The Minister must, as soon as practicable after an applicant for a licence covering unrestricted Crown land is notified under subsection (3) that the application has been accepted, consult with the Crown land Minister in relation to the carrying out of work on that land and the Crown land Minister may recommend to the Minister conditions to which the licence should be made subject. (6) Until regulations are made for the purposes of subsections (1) and (4), the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications). Authorised by the Chief Parliamentary Counsel 75 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 26AE 26AE Application of Act to licence application inserted by No. 63/2006 s. 12. S. 26AE(1) (1) Sections 17, 19, 24 and 24A apply to an amended by No. 32/2019 application under this Subdivision as if the s. 57. application were made under Division 2. (2) The Department Head must, within 14 days after an applicant for a licence is notified under section 26AD(3) that the application has been accepted, give notice of the application to the persons and bodies referred to in section 18. S. 26AF 26AF Grant or refusal of licence inserted by No. 63/2006 s. 12. (1) The Minister must not grant a licence over land— (a) that is exempted under section 6 of this Act or under any other Act from being subject to— (i) an exploration licence, if the application is for an exploration licence; or (ii) a mining licence, if the application is for a mining licence; or S. (iii) a prospecting licence, if the application 26AF(1)(a)(iii) inserted by is for a prospecting licence; or No. 68/2014 s. 28(2). S. (iv) a retention licence, if the application is 26AF(1)(a)(iv) inserted by for a retention licence; or No. 68/2014 s. 28(2). (b) that is subject to a current minerals exemption; or Authorised by the Chief Parliamentary Counsel 76 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (c) that is limited to a particular stratum unless the Minister is satisfied that the applicant can obtain reasonable access to and use of the land. (2) Otherwise, the Minister may grant or refuse a S. 26AF(2) amended by licence after considering any objections made No. 32/2019 under section 24 and any comments made under s. 58. section 24A as applied by section 26AE. (3) Sections 25(3), 25(4) and 25(7) apply to the granting of a licence under this Subdivision as if the decision to grant or refuse to grant the licence were made under Division 2. (4) Sections 26(1), 26(2), 26(4), 26(4A), 26(5), 26(7) S. 26AF(4) amended by and 26(8) apply to a licence granted under this No. 68/2014 Subdivision as if the licence were granted under s. 28(3)(4). Division 2. (5) For the purposes of section 8(1)(k) of the Personal S. 26AF(5) inserted by Property Securities Act 2009 of the No. 74/2010 Commonwealth, a licence granted under this s. 28(3). section is declared not to be personal property.

26AG Revocation of exemption over licence land S. 26AG inserted by No. 63/2006 On the granting of a licence under this s. 12. Subdivision the exemption to which the area of land covered by the licence is subject under section 7(1) is revoked to the extent that it relates to that land.

26AH Minister must publish notice S. 26AH inserted by No. 63/2006 The Minister must cause a notice to be published s. 12. in the Government Gazette— (a) stating that a licence under this Subdivision has been granted; and (b) describing the area of land covered by the licence; and Authorised by the Chief Parliamentary Counsel 77 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (c) stating that the exemption relating to the area of land covered by the licence is revoked to the extent that it relates to that land. S. 26AI 26AI Application of Act to licence inserted by No. 63/2006 s. 12. (1) On the granting of a licence under this Subdivision, this Act (except Divisions 2 and 5 of this Part) applies to the licence as if it were granted by the Minister under Division 2. (2) Without limiting subsection (1), the following things may be done under this Part in relation to the licence— (a) the licence may be renewed, transferred, varied, surrendered, cancelled or amalgamated with another licence; (b) a condition of the licence may be varied, suspended, revoked or added; (c) the area of land covered by the licence may be excised, transferred or cancelled in part. Subdivision 3—Licences granted by the Governor in Council S. 26AJ 26AJ Application procedure inserted by No. 63/2006 (1) A person may apply in accordance with the s. 12. regulations for the Governor in Council to grant a licence to carry out the exploration or mining of coal on exempted land on the basis that the application is of State interest. (2) The application must be made to the Minister and be accompanied by evidence setting out the grounds for the application to be considered as one of State interest. Authorised by the Chief Parliamentary Counsel 78 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (3) An application for a licence is ineffective, and must not be accepted by the Minister unless it is made in accordance with the regulations and subsection (2). (4) Sections 15(1BH), 15(2), 15(6), 15(7) and 15(8) S. 26AJ(4) amended by apply to an application under this Subdivision as No. 68/2014 if the application were made under Division 2. s. 29(1).

26AK Notification and advertising requirements S. 26AK inserted by No. 63/2006 (1) If the Minister is not satisfied that the application s. 12. is of State interest he or she must notify the applicant in writing of that fact setting out the reasons for not being so satisfied. (2) If the Minister is satisfied that the application is of State interest, he or she must notify the applicant in writing that the application is of State interest. (3) An applicant for a licence must, within 14 days after being notified under subsection (2) that the application is of State interest— (a) advertise the application in accordance with the regulations; and (b) if the application is for a mining licence, give notice of it in accordance with the regulations to the owner and occupier of the land affected. (4) The Minister must, as soon as practicable after an applicant for a licence covering unrestricted Crown land is notified under subsection (2) that the application is of State interest, consult with the Crown land Minister in relation to the carrying out of work on that land and the Crown land Minister may recommend to the Minister conditions to which the licence should be made subject. (5) Until regulations are made for the purposes of section 26AJ(1) and subsection (3), the relevant regulations relating to applications for licences Authorised by the Chief Parliamentary Counsel 79 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences under Division 2 will apply (with any necessary modifications). S. 26AL 26AL Application of Act to licence application inserted by No. 63/2006 s. 12. (1) Sections 17, 19 and 24 apply to an application under this Subdivision as if the application were made under Division 2. (2) The Department Head must, within 14 days after an applicant for a licence is notified under section 26AK(2) that the application is of State interest, give notice of the application to the persons and bodies referred to in section 18. S. 26AM 26AM Grant or refusal of licence inserted by No. 63/2006 s. 12. (1) The Governor in Council must not grant a licence over land— (a) that is exempted under section 6 of this Act or under any other Act from being subject to— (i) an exploration licence, if the application is for an exploration licence; or (ii) a mining licence, if the application is for a mining licence; or S. (iii) a prospecting licence, if the application 26AM(1)(a)(iii) inserted by is for a prospecting licence; or No. 68/2014 s. 29(2). S. (iv) a retention licence, if the application is 26AM(1)(a)(iv) inserted by for a retention licence; or No. 68/2014 s. 29(2). (b) that is subject to a current minerals exemption; or (c) that is limited to a particular stratum unless the Governor in Council, on the recommendation of the Minister, is satisfied Authorised by the Chief Parliamentary Counsel 80 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences that the applicant can obtain reasonable access to and use of the land. (2) Otherwise, the Governor in Council on the recommendation of the Minister may— (a) grant a licence under this section to an applicant to carry out the exploration or mining of coal on exempted land; or (b) refuse to grant that licence. (3) The Minister must not make a recommendation S. 26AM(3) amended by under subsection (2) unless the Minister has first No. 32/2019 considered any objections made under section 24 s. 59. and any comments made under section 24A as applied by section 26AL(1). (4) Sections 25(3), 25(4) and 25(7) apply to the granting or refusal of the granting of a licence under this Subdivision as if— (a) the decision to grant or refuse to grant the licence were made under Division 2; and (b) any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister. (5) Sections 26(1), 26(2), 26(4), 26(4A), 26(5), 26(7) S. 26AM(5) amended by and 26(8) apply to a licence granted under this No. 68/2014 Subdivision as if— s. 29(3)(4). (a) the licence were granted under Division 2; and (b) any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister. (5A) In addition, section 26(2) applies to an exploration S. 26AM(5A) inserted by licence or a mining licence or retention licence No. 59/2010 granted under this Subdivision (an initial licence), s. 16. and any other mining licence or retention licence granted under the Act covering some or all of the Authorised by the Chief Parliamentary Counsel 81 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences land covered by the initial licence, as if after paragraph (d) there were inserted— "(da) technology and project development milestones.". S. 26AM(6) (6) For the purposes of section 8(1)(k) of the Personal inserted by No. 74/2010 Property Securities Act 2009 of the s. 28(4). Commonwealth, a licence granted under this section is declared not to be personal property. S. 26AN 26AN Minister must publish reasons for refusal to grant inserted by No. 63/2006 licence s. 12. If the Governor in Council, on the recommendation of the Minister, refuses to grant a licence under this Subdivision, the Minister must publish a notice setting out the reasons for the refusal in— (a) the Government Gazette; and (b) a newspaper circulating generally throughout the State. S. 26AO 26AO Revocation of exemption over licence land inserted by No. 63/2006 s. 12. On the granting of a licence under this Subdivision the exemption to which the area of land covered by the licence is subject under section 7(1) is revoked to the extent that it relates to that land. S. 26AP 26AP Minister must publish notice inserted by No. 63/2006 s. 12. (1) The Minister must cause a notice to be published in the Government Gazette— (a) stating that a licence under this Subdivision has been granted; and (b) stating the reasons for granting the licence; and Authorised by the Chief Parliamentary Counsel 82 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (c) describing the area of land covered by the licence; and (d) stating that the exemption relating to the area of land covered by the licence is revoked to the extent that it relates to that land. (2) The Minister must also cause a notice setting out the reasons for granting the licence to be published in a newspaper circulating generally throughout the State.

26AQ Application of Act to licence S. 26AQ inserted by No. 63/2006 (1) On the granting of a licence under this s. 12. Subdivision, this Act (except Divisions 2 and 5 of this Part) applies to the licence as if it were granted by the Minister under Division 2. (2) Without limiting subsection (1), the following things may be done under this Part in relation to the licence— (a) the licence may be renewed, transferred, varied, surrendered, cancelled or amalgamated with another licence; (b) a condition of the licence may be varied, suspended, revoked or added; (c) the area of land covered by the licence may be excised, transferred or cancelled in part. Pt 2 Div. 3A (Heading and Division 3A—Survey of land proposed to be ss 26AR– 26AV) covered by mining licence, prospecting licence or inserted by retention licence No. 68/2014 s. 30. S. 26AR 26AR Applicant to survey boundary of land inserted by No. 68/2014 s. 30. (1) A person who intends to apply for a mining licence, prospecting licence or retention licence must survey the boundaries of the land proposed Authorised by the Chief Parliamentary Counsel 83 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences to be covered by the licence in the manner required by the regulations. Note The survey must be included in the licence application—see section 15(1BH). (2) A person is not entitled to enter land for the purpose of surveying boundaries as required by subsection (1), unless— (a) the person— (i) has, in the case of private land, the written consent of the owner or occupier of the land to the entry; or (ii) has, in the case of occupied Crown land, the written consent of the occupier of the land to the entry; or (iii) has, in the case of any other Crown land, given the person responsible for the management of the land written notice of the intended entry; or (b) the Department Head grants an authority in writing to the person under section 26AS. (3) For the purposes of subsection (2), occupied Crown land means any Crown land on which a person is undertaking an activity that is authorised by a lease, licence, permit or other authority granted in respect of that land by, or under, an Act.

26AS Authority to enter land S. 26AS inserted by No. 68/2014 (1) The Department Head may grant to a person an s. 30. authority to enter land for the purposes of section 26AR if the Department Head is satisfied that the person has made reasonable attempts to obtain the consent of the owner or occupier and— Authorised by the Chief Parliamentary Counsel 84 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (a) the person has been unable to contact the owner or occupier; or (b) the owner or occupier has refused or failed to consent. (2) A person does not trespass on land only because the person exercises reasonable access to the land— (a) in accordance with an authority to enter the land; and (b) for the purpose of surveying the boundaries of the land proposed to be covered by the licence. (3) An authority to enter land expires— (a) 12 months after the date on which the authority was granted; or (b) when the licence application in relation to which the authority was granted is determined— whichever is the earlier. (4) The Department Head must serve on the owner and occupier of land a copy of an authority that is granted under this section to enter the land as soon as is practicable after the authority is granted. S. 26AT 26AT Offence not to show authority inserted by No. 68/2014 s. 30. A person who enters land under an authority to enter land granted under section 26AS must comply with any request made by the owner or occupier of the land to be shown a copy of the authority. Penalty: 10 penalty units. Authorised by the Chief Parliamentary Counsel 85 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences

26AU Security S. 26AU inserted by (1) Before granting an authority to enter land under No. 68/2014 section 26AS, the Department Head must require s. 30. the person to provide a security, of an amount and kind specified by the Department Head, against the risk of damage to the property of the owner or occupier of the land as a result of the person's entry on to, or activities on, the land. (2) The Department Head— (a) may use the security, or part of it, to compensate the owner or occupier for any damage resulting from that entry or those activities; and (b) must return the balance of the security to the applicant no later than 30 days after the day on which the authority expires or is withdrawn.

26AV Insurance S. 26AV inserted by No. 68/2014 A person must not enter any land or carry out any s. 30. surveying for the purposes of section 26AR unless the person is insured for an amount determined by the Department Head against any risk that might arise if the owner or occupier of the land were to sustain a personal injury as a result of the person's entry on to, or activities on, the land. 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. Authorised by the Chief Parliamentary Counsel 86 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences Division 4—Requirements if agricultural land Pt 2 Div. 4 (Heading) covered by mining licence or prospecting licence inserted by No. 63/2006 s. 13, amended by No. 64/2012 s. 24.

26A Statement of economic significance if agricultural S. 26A inserted by land covered by licence No. 82/2000 s. 22. (1) This section applies if a licensee holding a mining S. 26A(1) amended by licence or prospecting licence that covers No. 64/2012 agricultural land that is not owned by the licensee s. 25, No. 68/2014 proposes to carry out mining on that land. s. 31(a). S. 26A(2) (2) The licensee must prepare a statement of the amended by No. 68/2014 economic significance of the mining— s. 31(b). (a) that contains an assessment of the benefits to Victoria of the proposed mining, including employment and revenue considerations; and (b) that contains an assessment of those benefits if it was not possible to carry out the mining on the agricultural land. (3) The assessment required by subsection (2)(b) must be made with respect to each separately owned or occupied property that comprises the agricultural land. S. 26A(4) (4) The licensee must give the statement of economic amended by No. 68/2014 significance to the owners and occupiers of the s. 31(c). agricultural land— (a) if the proposed mining forms part of the work proposed to be carried out under the licensee's initial work plan, no later than— (i) 6 months after the date the licensee was notified that the licence had been granted; or Authorised by the Chief Parliamentary Counsel 87 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (ii) the date the licensee lodges the work plan under section 40(1)— whichever is the earlier; (b) in any other case, no later than the date the licensee lodges the relevant application for approval of variation of the work plan under section 41. S. 26B 26B Excision of agricultural land from a licence inserted by No. 82/2000 s. 22. S. 26B(1) (1) On the application of an owner or occupier of amended by No. 64/2012 agricultural land, the Minister must excise the s. 26. land from the area covered by a mining licence or prospecting licence if— (a) the licensee consents to the excision; or (b) the Minister decides, in accordance with section 26D, that there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence. (2) An application for excision must be made to the Minister in writing within 30 days after the owner or occupier receives a copy of the statement of economic significance provided in relation to the land. (3) The application must include— (a) an assessment of the benefits to Victoria in continuing the use of the land as agricultural land; and (b) if the owner disputes anything contained in the statement of economic significance, details of the matters the owner disputes, including the reasons why the owner disputes those matters. Authorised by the Chief Parliamentary Counsel 88 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (4) The owner must also give a copy of the application to the licensee within the 30 days referred to in subsection (2).

26C Notice of excision dispute S. 26C inserted by No. 82/2000 (1) If the licensee wishes to dispute an application for s. 22. excision, the licensee must give a notice of dispute to— (a) the Minister; and (b) the person applying for the excision; and (c) the President of the Australian Property S. 26C(1)(c) amended by Institute— No. 63/2006 s. 14. within 30 days after receiving the copy of the application. (2) The notice of dispute must include details of the matters in the application that the licensee disputes, including the reasons why the licensee disputes those matters. (3) The licensee is deemed to consent to the excision of the land that is the subject of the application if the licensee does not give a notice of dispute to the people specified in subsection (1) within the time required by that subsection.

26D Resolution of excision disputes S. 26D inserted by No. 82/2000 s. 22. (1) As soon as possible after receiving notice of a S. 26D(1) amended by dispute under section 26C, the President of the No. 63/2006 Australian Property Institute must appoint a s. 14. person who is appropriately qualified, in the President's opinion, to act as an independent expert to consider the application. Authorised by the Chief Parliamentary Counsel 89 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (2) The independent expert must consider the application, the statement of economic significance, the notice of dispute and any other material submitted to the expert within any time specified by the expert. (3) Within 60 days after her or his appointment, the independent expert must make a recommendation to the Minister, supported by reasons, in relation to the dispute. (4) The Minister must consider the recommendation and decide whether there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence. S. 26D(5) (5) The President of the Australian Property Institute, amended by No. 63/2006 after considering the advice of the independent s. 14. expert, may direct the licensee or the person who applied for the excision to pay the whole or any part of the reasonable fees and expenses of the independent expert. (6) A direction under subsection (5) creates a debt due to the independent expert. S. 26E 26E Offence to divulge details of a statement of economic inserted by No. 82/2000 significance s. 22. (1) A person who is given a copy of— (a) a statement of economic significance prepared under section 26A; or (b) an assessment prepared under section 26B— must not divulge or communicate to any person (other than a professional advisor retained by the person) or publish any information contained in the statement or assessment unless the divulgence, communication or publication is made with the Authorised by the Chief Parliamentary Counsel 90 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences written consent of the person on whose behalf the statement or assessment was prepared. Penalty: 100 penalty units. (2) A professional advisor to whom any information is divulged or communicated under subsection (1) must not divulge or communicate that information to any other person, or publish it. Penalty: 100 penalty units. Pt 2 Div. 5 Division 5—Tenders for licences (Heading) inserted by No. 63/2006 s. 15.

27 Tendering process S. 27 substituted by Nos 82/2000 (1) The Minister may invite tenders for a licence over s. 23, 63/2006 land that is not the subject of a licence or an s. 15. application for a licence. (2) A tender for a licence is ineffective if it does not contain the information required by the regulations for the purposes of this section. (3) A tender for a licence may be over land that has S. 27(3) substituted by been exempted under section 7 from being subject No. 68/2014 to a licence. s. 32.

27A Acceptance of tender S. 27A inserted by No. 63/2006 (1) If the Minister accepts a tender, he or she must s. 15. notify the successful tenderer in writing that the tender has been accepted. (2) On the Minister accepting a tender for a licence that covers an area of land all or part of which is subject to an exemption under section 7(1)— (a) the exemption is revoked to the extent that it relates to the area of land; and Authorised by the Chief Parliamentary Counsel 91 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (b) the Minister must cause a notice to be published in the Government Gazette— (i) stating that the tender has been accepted; and (ii) describing the area of land subject to the exemption; and (iii) stating that the exemption relating to the area of land is revoked to the extent that it relates to that land. S. 27B 27B Advertising and notice requirements inserted by No. 63/2006 s. 15. (1) A successful tenderer, within 14 days after being notified under section 27A(1) that the tender has been accepted, must— (a) advertise the acceptance of the tender in accordance with the regulations; and (b) if the tender is for a mining licence, give notice of the acceptance of the tender in accordance with the regulations to the owner and occupier of the land to be affected by the licence. (2) Until regulations are made for the purposes of subsection (1) the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications). S. 27C 27C Consultation and notification requirements inserted by No. 63/2006 s. 15. (1) The Minister must, as soon as practicable after a successful tenderer for a licence covering unrestricted Crown land is notified under section 27A(1) that the tender has been accepted, consult with the Crown land Minister in relation to the carrying out of work on that land and that Minister may recommend to the Minister conditions to which the licence should be made subject. Authorised by the Chief Parliamentary Counsel 92 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (2) The Department Head must, within 14 days after a successful tenderer is notified under section 27A(1) that the tender has been accepted, give notice of the acceptance of the tender to the persons and bodies referred to in section 18.

27D Application of provisions to tenders S. 27D inserted by No. 63/2006 (1) The application process under Division 2 does not s. 15. apply to a tender under this Division except as provided in this section. (2) Sections 24, 25, 25A and 26 apply to a tender for a licence as if the successful tenderer were an applicant for the licence. (2A) In addition, section 26(2) applies to an exploration S. 27D(2A) inserted by licence or a mining licence or retention licence No. 59/2010 granted to a successful tenderer under this s. 17(1). Division (an initial licence), and any other mining licence or retention licence granted under the Act covering some or all of the land covered by the initial licence, as if after paragraph (d) there were inserted— "(da) technology and project development milestones.". (3) Without limiting subsection (2), the Minister S. 27D(3) amended by must not grant a licence to a person who has Nos 59/2010 submitted a tender unless the Minister is satisfied s. 17(2), 68/2014 s. 33. that the person meets the requirements listed in section 15(6) and (6A). (4) In addition, without limiting subsection (2), the S. 27D(4) inserted by Minister must not grant an exploration licence or a No. 59/2010 mining licence or retention licence to a person s. 17(3). who has submitted a tender unless the Minister is satisfied that the person meets the requirements in section 16. Authorised by the Chief Parliamentary Counsel 93 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 27E 27E Minister may not accept any tenders inserted by No. 63/2006 (1) The Minister may decide not to accept any tenders s. 15. for a licence over land that are submitted in response to an invitation under this Division. (2) If the Minister decides not to accept any tender, he or she may invite further tenders or decide not to call for any more tenders in relation to that land. (3) If the Minister decides not to call for any more tenders in relation to that land, he or she must— (a) notify the unsuccessful tenderers that further tenders will not be invited; and S. 27E(3)(b) (b) unless the land has been exempted under amended by No. 68/2014 section 7 from being subject to a licence, s. 34. declare by notice published in the Government Gazette that the land is available for applications for licences. S. 28 * * * * * substituted by No. 82/2000 s. 24, repealed by No. 63/2006 s. 16. Pt 2 Div. 6 (Heading) inserted by Division 6—Renewals of licences No. 63/2006 s. 17.

29 Application for renewal of licence S. 29(1) (1) A licensee (other than a licensee who is a holder amended by No. 82/2000 of a prospecting licence) may, before a licence s. 25, expires, apply in accordance with the regulations substituted by No. 63/2006 to the Minister for renewal of the licence. s. 18(1), amended by No. 59/2010 s. 18. Authorised by the Chief Parliamentary Counsel 94 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (2) If an application for renewal of a licence is lodged S. 29(2) before the licence expires, the licence continues in amended by No. 63/2006 operation until the application is granted and s. 18(2). registered or refused. * * * * * S. 30 repealed by No. 82/2000 s. 26.

31 Renewals of licences S. 31 amended by No. 86/1993 (1) The Minister must refuse to renew a licence if the s. 13, applicant does not satisfy the Minister as to the substituted by No. 59/2010 matter specified in section 15(6)(ba) unless the s. 19. applicant satisfies the Minister that the applicant has identified minerals in the land covered by the licence and that— (a) additional time is necessary to assess the economic viability of mining those minerals; or (b) it is not at present economically viable to mine those minerals but it may become so in the future. (2) The Minister may refuse to renew a licence if the Minister is satisfied as to any one or more of the following matters— (a) the applicant as a licensee has not substantially complied with— (i) subject to subsection (3), this Act or the regulations; or (ii) any condition to which— (A) the licence that is the subject of the application for renewal is subject; or (B) a work plan is subject; or Authorised by the Chief Parliamentary Counsel 95 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (iii) any condition specified under section 44; or (iv) any relevant planning scheme or permit; or (b) the applicant as a licensee has unreasonably delayed in trying to obtain any necessary consent or other authority; (c) the applicant as a licensee has not commenced work within the time specified in or allowed under section 42(5); (d) the applicant as a licensee has endangered the public or an employee on or near the land covered by the licence that is the subject of the application for renewal; (e) the applicant as a licensee has undertaken work on land otherwise than in accordance with a work plan; S. 31(2)(f) (f) the applicant as a licensee no longer amended by No. 64/2012 complies with section 15(6)(a), (b), (ba), (c) s. 27. or (d); (g) in the case of an application for the renewal of a mining licence, the area covered by the licence is depleted of minerals to the extent that it is no longer feasible to mine that area; (h) in the case of an application for the renewal of a mining licence or retention licence, it is not feasible to mine minerals in the area covered by the licence and will not be feasible to do so in the foreseeable future; (i) in the case of an application for the renewal of a retention licence, the applicant as a licensee has failed to comply with a requirement under section 112A. Authorised by the Chief Parliamentary Counsel 96 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (3) Subsection (2)(a)(i) does not authorise the Minister to refuse to renew a licence if the Minister is satisfied that the non-compliance is not likely to affect adversely any person's rights under this Act or the regulations or to result in any person being deprived of information necessary for the effectual exercise of those rights. (4) Otherwise, subject to subsections (5) to (9), the Minister may, by instrument served on the applicant, renew or refuse to renew a licence. (5) The Minister may only renew an exploration or retention licence twice. (6) In the case of the application for the second renewal of an exploration licence, the Minister may only renew the licence if the Minister— (a) considers there are exceptional circumstances to warrant that second renewal; and (b) is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed. Note See also section 32(2) and (2A). (7) In the case of a renewal of a retention licence, the Minister may only renew the licence— (a) in the case of either the first or second renewal, if the Minister is satisfied that the mining of a mineral resource would be economically viable in the future; and (b) in addition, in the case of the second renewal, only if the licensee has demonstrated to the Minister that there are exceptional circumstances to warrant that second renewal. Authorised by the Chief Parliamentary Counsel 97 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 31(8) (8) In the case of an application for the renewal of a substituted by mining licence (including an infrastructure mining No. 68/2014 s. 35 licence), the Minister may renew the licence if— (a) mining is taking place under the licence at the time of the application and the Minister is satisfied that there is a reasonable prospect that mining will continue after that renewal; or (b) mining had taken place under the licence before the date of the application and the Minister is satisfied that there is a reasonable prospect that mining will recommence within 2 years after renewal of the licence. (9) The Minister may renew a licence— (a) subject to any conditions specified in the renewal; or (b) to cover a smaller area than that covered by the application for renewal. (10) A renewal or refusal to renew has no effect until the instrument of renewal or refusal to renew is registered.

32 Period of renewal S. 32(1) (1) A mining licence that has been renewed has effect amended by No. 56/1995 for the period, not exceeding 20 years unless the s. 41. Minister decides otherwise, that is specified in the notice of renewal. S. 32(1A) (1A) A retention licence that has been renewed has inserted by No. 68/2014 effect for the period not exceeding 10 years that is s. 36. specified in the notice of renewal. Authorised by the Chief Parliamentary Counsel 98 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (2) In the case of an application for the first renewal S. 32(2) of an exploration licence, the Minister may renew amended by No. 86/1993 the exploration licence for a period of up to s. 14, 5 years— substituted by No. 82/2000 (a) if he or she is satisfied that the licensee has s. 27, amended by identified minerals in the land covered by the No. 59/2010 licence and that— s. 20(1). (i) additional time is necessary to assess the economic viability of mining those minerals; or (ii) it is not at present economically viable to mine those minerals but it may become so in the future; or (b) for any other reason. (2A) In the case of an application for the second S. 32(2A) inserted by renewal of an exploration licence, the Minister No. 59/2010 may only renew the exploration licence for a s. 20(2). period of up to 5 years. (3) The renewal of a licence takes effect on the anniversary of the registration under this Act of the initial licence. Pt 2 Div. 7 Division 7—Changes to licences (Heading) inserted by No. 63/2006 s. 19.

33 Transfer of licence (1) An exploration licence must not be transferred during its first year, and a purported transfer during that time has no effect. (2) A licence (other than an exploration licence during its first year) may be transferred by an instrument approved by the Minister and not otherwise. Authorised by the Chief Parliamentary Counsel 99 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 33(3) (3) Before approving an instrument of transfer, the amended by Minister must be satisfied that— No. 86/1993 s. 15(1), (a) the proposed transferee complies with substituted by 68/2014 section 15(6)(a), (b), (ba), (c) and (d); and s. 37(1). (b) subject to subsection (3B), the existing licensee has paid all outstanding fees, bonds, royalties and rents in respect of the licence; and (c) subject to subsection (3C), in the case of an existing licensee who has a work plan, the work plan is adequate. S. 33(3A) (3A) The Minister may approve an instrument of inserted by No. 86/1993 transfer even if he or she is not satisfied as to the s. 15(2). matter specified in section 15(6)(ba) if the Minister is satisfied that minerals have been identified in the land covered by the licence and that— (a) additional time is necessary to assess the economic viability of mining those minerals; or (b) it is not at present economically viable to mine those minerals but it may become so in the future. S. 33(3B) (3B) If the existing licensee has not paid all outstanding inserted by No. 68/2014 fees, bonds, royalties and rents in respect of the s. 37(2). licence, the Minister may approve the instrument of transfer subject to the proposed transferee agreeing to pay the amounts outstanding. S. 33(3C) (3C) If the existing licensee has a work plan and the inserted by No. 68/2014 Minister is not satisfied that the work plan relating s. 37(2). to the licence is adequate, the Minister may approve the instrument of transfer subject to the proposed transferee being required to submit a new work plan for approval by the Department Head within the time specified by the Minister. Authorised by the Chief Parliamentary Counsel 100 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (4) A transfer— (a) has no effect until the instrument of transfer is approved by the Minister and registered; and (b) once approved and registered, attaches to the transferee all rights and obligations under the licence. (5) The transferee of a mining licence or prospecting S. 33(5) amended by licence must give written notice of the transfer to No. 64/2012 the owner of any land covered by the licence. s. 28.

33A Transfer of land from one mining licence to another S. 33A inserted by No. 82/2000 (1) The holder of a mining licence may transfer an s. 28. area of land covered by the holder's licence to the holder of another mining licence. (2) Such a transfer may only be made— (a) with the approval of the Minister; and (b) in the manner and form specified by the Minister; and (c) if the land to be transferred adjoins the land covered by the licence to which the land is to be transferred; and (d) if the conditions applying to, and the remaining currency of, the 2 licences are substantially the same; and (e) if the Minister is satisfied that adequate arrangements have been made to continue or replace any rehabilitation bond that applies to the land. (3) The Minister must not approve a transfer under this section unless the Minister is satisfied that the transfer is necessary to ensure that work can be undertaken on the land. Authorised by the Chief Parliamentary Counsel 101 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (4) A transfer has no effect until evidence of the transfer and the Minister's approval is registered. (5) The holder of the licence to which land has been transferred must give written notice of the transfer to the owners of the land. (6) On a transfer taking effect— (a) any licence conditions that applied to the transferred land cease to apply; and (b) the transferred land is subject to the licence conditions that apply to the licence to which the land has been transferred; and (c) the transferred land becomes part of the land covered by that licence. S. 33B 33B Mining licence may be split and transferred inserted by No. 82/2000 s. 28. (1) This section applies if the holder of a mining licence wishes to transfer an area of land covered by the holder's licence to another person (the transferee), but is not able to do so under section 33A. (2) The holder may apply to the Minister to have the land severed from the holder's licence and made the subject of a separate licence that is subject to the same conditions, and that will have the same currency, as the holder's licence. (3) The application must be made in the manner and form specified by the Minister. (4) The Minister must not approve an application under this section unless the Minister is satisfied— (a) that the severance is necessary to ensure that work can be undertaken on the land; and (b) that the transferee satisfies the requirements listed in section 15(6); and Authorised by the Chief Parliamentary Counsel 102 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (c) that adequate arrangements have been made to continue or replace any rehabilitation bond that applies to the land. (5) In approving an application, the Minister is to be taken as granting the licence in relation to the severed land to the transferee. (6) On registration of the licence in relation to the severed land— (a) the transferee becomes the holder of the licence; and (b) the licence is subject to the same conditions, and has the same currency, as the licence that applied to the land that was severed before the severance; and (c) the transferee has all the rights, and is subject to the same obligations, applying under the licence. (7) The transferee must give written notice of the change of licensee to the owners of the land.

34 Variation of licence (1) The Minister may after consultation with the S. 34(1) amended by licensee, by instrument served on the licensee, Nos 86/1993 vary a licence, or vary, suspend or revoke a s. 16(1), 82/2000 condition of a licence or add a new condition but s. 29(1). the Minister cannot vary the period for which a mining licence has effect. * * * * * S. 34(1A) inserted by No. 82/2000 s. 29(2), repealed by No. 63/2006 s. 20(1). (2) The Minister may act under subsection (1)— (a) at the request of the licensee; or Authorised by the Chief Parliamentary Counsel 103 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 34(2)(ab) (ab) if the Minister decides it is necessary to inserted by eliminate or minimise the risks that the work No. 47/2015 s. 8(1). may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; or S. 34(2)(b) (b) if the Minister decides it is necessary for the amended by No. 47/2015 rehabilitation or stabilisation of the land to s. 8(2). which the licence applies; or S. 34(2)(ba) (ba) if the Minister decides it is necessary to inserted by No. 63/2006 ensure that appropriate environmental offsets s. 20(2)(a). are provided for or implemented; or S. 34(2)(c) (c) if the Minister decides it is necessary for the substituted by No. 63/2006 protection of a community facility; or s. 20(2)(b). S. 34(2)(ca) (ca) if the Minister decides it is necessary for the inserted by No. 86/1993 purpose of allowing access to and use of the s. 16(2). land to which the licence applies by the holder of another licence that is limited to a particular stratum; or S. 34(2)(cb) (cb) if the Minister decides it is necessary inserted by No. 86/1993 because of any condition imposed on the s. 16(2), approval of a work plan or of a variation of a amended by Nos 63/2006 work plan under section 40A or 41AAB; or s. 20(2)(c), 10/2014 s. 11(1). (d) in any other circumstances that are prescribed. S. 34(2A) (2A) The Minister may also act under subsection (1) to inserted by No. 82/2000 make compliance with the Code of Practice a s. 29(3), condition of— repealed by No. 63/2006 s. 20(3), (a) a mining licence that— new s. 34(2A) inserted by (i) covers an area of 5 hectares or less; and No. 10/2014 s. 11(2). Authorised by the Chief Parliamentary Counsel 104 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (ii) does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments; or (b) a prospecting licence that does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments. (3) A variation of a licence or a variation, suspension, S. 34(3) amended by revocation or addition of a licence condition has No. 86/1993 no effect until the instrument by which it was s. 16(3). done is registered.

35 Combined conditions S. 35 substituted by No. 82/2000 (1) The Minister may treat 2 or more licences of the s. 30. same type held by the same person as a single licence over the combined areas covered by the licences for the purpose of determining whether conditions of any of those licences about expenditure have been complied with. (2) The Minister may do this— (a) at the request of the licensee; or (b) on the Minister's own initiative, after consultation with the licensee. (3) It is not necessary that areas combined for the purposes of this section adjoin each other.

36 Amalgamation of licences (1) The Minister may, by instrument served on the S. 36(1) amended by licensee, determine that one of two or more No. 82/2000 licences of the same type held by the same person s. 31(1). over adjoining areas applies to the combined areas. (2) The Minister may nominate which licence covers the combined areas and must cancel the other licence or licences. Authorised by the Chief Parliamentary Counsel 105 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 36(2A) (2A) The Minister may act under this section— inserted by No. 82/2000 (a) at the request of the licensee; or s. 31(2). (b) on the Minister's own initiative, after consultation with the licensee. (3) An amalgamation has no effect until the instrument of amalgamation is registered. (4) A cancellation has no effect until the instrument of cancellation is registered. S. 36(4A) (4A) On an amalgamation of licences coming into inserted by No. 63/2006 effect the term of the licence nominated under s. 21. subsection (2) is to be the term of whichever of the amalgamated licences is to expire first. S. 36(5) (5) If one of the licences amalgamated under this inserted by No. 82/2000 section was a mining lease under the Mines s. 31(3). Act 1958 that became a mining licence as a result of section 129, for the remainder of the term for which the licence remains current the rental payable for the amalgamated licence is the sum of the amounts that would have been payable for each of the amalgamated licences had they not been amalgamated. S. 36A 36A Expedited procedure for replacement of invalidated inserted by No. 82/2000 title s. 32. (1) This section applies if— (a) a court or tribunal finds a licence to be wholly or partly invalid and the invalidity stems from circumstances that were beyond the control of the holder of the licence; and (b) the person who held the licence applies within 60 days after the finding to the Minister for the grant of a licence of the same type for all or part of the land covered by the former licence. Authorised by the Chief Parliamentary Counsel 106 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (2) The Minister may grant the licence to the person without the need to comply with any procedural requirement that would usually apply to the grant of such a licence. (3) In granting a licence under this section, the Minister may impose any conditions the Minister considers to be appropriate on the licence. Pt 2 Div. 8 Division 8—Surrender and cancellation of licences (Heading) inserted by No. 63/2006 s. 22.

37 Surrender of licence (1) A licensee may, with the consent of the Minister, surrender the licence, in whole or in part, by notice in writing in a form approved by the Registrar. (2) If a licence is surrendered in part, the licensee must include in the notice details of any part of the land in respect of which the licence is surrendered. (3) A surrender has no effect until the notice of surrender is registered.

38 Cancellation of licence (1) The Minister may cancel a licence, by instrument served on the licensee, if— (a) the Minister has given the licensee 28 days' written notice of his or her intention to cancel the licence and has, in that notice, requested the licensee to provide reasons why the licence should not be cancelled; and Authorised by the Chief Parliamentary Counsel 107 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 38(1)(b) (b) at the end of the 28 days the Minister is amended by satisfied that— No. 82/2000 s. 33(1)(a). S. 38(1)(b)(i) (i) the licensee has not substantially amended by Nos 86/1993 complied with— s. 17(1)(a), 82/2000 (A) this Act or the regulations; or s. 33(1)(b). S. 38(1) (B) any condition to which the licence (b)(i)(B) amended by or the work plan is subject or any No. 63/2006 condition specified under s. 23(1). section 44; or (C) any relevant planning scheme or permit; or S. 38(1)(b)(ii) (ii) the licensee has unreasonably delayed amended by No. 82/2000 in trying to obtain any necessary s. 33(1)(b). consent or other authority; or S. 38(1)(b)(iii) (iii) the licensee has not commenced work amended by No. 82/2000 within the time specified in or allowed s. 33(1)(b). under section 42(5); or S. 38(1)(b)(iiia) (iiia) subject to subsection (1AA), in the case inserted by No. 59/2010 of a licensee who is a holder of a s. 22(1). mining licence, the licensee has stopped mining on land covered by the licence and has not carried out any mining on that land for a continuous period of 2 years; or S. 38(1)(b)(iv) (iv) the licensee has endangered the public amended by No. 82/2000 or an employee on or near the land s. 33(1)(b). covered by the licence; or S. 38(1)(b)(v) (v) the licensee has undertaken work on amended by No. 82/2000 land otherwise than in accordance with s. 33(1)(b). the work plan; or Authorised by the Chief Parliamentary Counsel 108 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (vi) subject to subsection (1A), the licensee S. 38(1)(b)(vi) no longer complies with amended by Nos 86/1993 section 15(6)(a), (b), (ba), (c) or (d); or s. 17(1)(b), 82/2000 s. 33(1)(c)(d), substituted by No. 68/2014 s. 38. (vii) the area covered by the licence is S. 38(1)(b)(vii) inserted by depleted of minerals to the extent that it No. 82/2000 is no longer feasible to mine that area; s. 33(1)(d). or (viia) in the case of a retention licence, that S. 38 (1)(b)(viia) the mining of a mineral resource to inserted by which the retention licence relates No. 59/2010 s. 22(2). would not be economically viable in the future; or (viib) in the case of a retention licence, the S. 38 (1)(b)(viib) licensee is unlikely to undertake inserted by economically viable mining of a No. 59/2010 s. 22(2). mineral resource to which the retention licence relates in the future; or (viic) in the case of a retention licence, the S. 38 (1)(b)(viic) licensee has failed to comply with a inserted by requirement under section 112A; or No. 59/2010 s. 22(2). (viii) it is not feasible to mine minerals in the S. 38(1)(b)(viii) inserted by area covered by the licence and will not No. 82/2000 be feasible to do so in the foreseeable s. 33(1)(d). future. (1AA) Subsection (1)(b)(iiia) applies only to a period S. 38(1AA) inserted by referred to in that subparagraph that commences No. 59/2010 on or after the day on which section 22(1) of the s. 22(3). Mineral Resources Amendment (Sustainable Development) Act 2010 comes into operation. Authorised by the Chief Parliamentary Counsel 109 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 38(1A) (1A) The Minister must not cancel a licence under inserted by subsection (1) because of non-compliance with No. 86/1993 s. 17(2), section 15(6)(ba) if the Minister waived amended by compliance by the licensee with that section under Nos 82/2000 s. 33(2), section 31(1) or 33(3A) (as the case requires). 53/2011 s. 5. S. 38(1B) (1B) The Minister may cancel a licence, by instrument inserted by No. 86/1993 served on the licensee— s. 17(2). S. 38(1B)(a) (a) in the case of a mining licence, if the amended by No. 82/2000 licensee has not lodged a work plan within s. 33(3), 12 months (or any longer period allowed by substituted by No. 10/2014 the Minister) after the licence was granted; s. 12(1). or S. 38(1B)(ab) (ab) in the case of a mining licence relating to inserted by No. 32/2019 declared mine land, if the declared mine s. 6. licensee has not complied with a declared mine rehabilitation plan; or S. 38(1B)(b) (b) in the case of an exploration licence if the amended by Nos 82/2000 licensee has not commenced work within s. 61(b), 3 months (or any longer period allowed by 6/2009 s. 14. the Minister) after notifying the Chief Inspector under section 43(1)(d)(i) of the licensee's intention to commence work. S. 38(2) * * * * * repealed by No. 63/2006 s. 23(2). S. 38(2A) (2A) The Minister must, by instrument served on the inserted by No. 82/2000 licensee, cancel a mining licence if a work plan is s. 33(4), not approved for that licence within 18 months amended by No. 10/2014 after the date the approval of the licence is s. 12(2). registered, unless the Minister is satisfied that— Authorised by the Chief Parliamentary Counsel 110 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (a) the licensee has been unable to obtain the S. 38(2A)(a) consents and authorities needed to enable the amended by No. 10/2014 approval of the work plan, despite genuine s. 12(2)(a)(c). attempts to do so; or (b) exceptional circumstances exist that have S. 38(2A)(b) amended by been instrumental in precluding the approval No. 10/2014 of the work plan. s. 12(2)(a)(c). (3) A cancellation has no effect until the instrument of cancellation is registered.

38A Decrease in area under exploration licence S. 38A inserted by No. 82/2000 (1) On the second anniversary of the initial s. 34. registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least 25% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence. (2) On the fourth anniversary of the initial registration S. 38A(2) amended by of an exploration licence, the Minister must, No. 68/2014 unless he or she decides otherwise, cancel the s. 39(1)(a). licence in relation to at least a further 35% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence. (2A) On the seventh anniversary of the initial S. 38A(2A) inserted by registration of an exploration licence, the Minister No. 59/2010 must, unless he or she decides otherwise, cancel s. 21, amended by the licence in relation to at least a further 20% of No. 68/2014 the total number of graticular sections (in one or s. 39(1)(a). more areas each comprising whole graticular sections only) covered by the licence. (2B) On the tenth anniversary of the initial registration S. 38A(2B) inserted by of an exploration licence, the Minister must, No. 59/2010 unless he or she decides otherwise, cancel the s. 21, amended by licence in relation to at least a further 10% of the No. 68/2014 total number of graticular sections (in one or more s. 39(1)(a). Authorised by the Chief Parliamentary Counsel 111 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences areas each comprising whole graticular sections only) covered by the licence. (3) The areas in relation to which a licence is to be cancelled under this section— (a) are to be those identified by the licensee in a notice given to the Minister at least 30 days before the relevant anniversary; or (b) in the absence of such a notice, are to be chosen by the Minister. (4) At least 60 days before the relevant anniversary, the Minister must give the licensee a written notice inviting the licensee to nominate the areas to be cancelled under this section (unless the Minister does not intend to cancel any area in relation to the licence). (5) In calculating the area to be cancelled— (a) any part of a graticular section covered by the licence, and any fraction of a graticular section that remains after calculating the area to be cancelled, must be treated as a whole graticular section; and S. 38A(5)(b) (b) if the licensee holds 2 or more exploration amended by No. 68/2014 licences, the combined areas covered by the s. 39(1)(b). licences may, at the Minister's discretion, be treated as a single area. S. 38A(6) (6) In this section, a reference to the total number of inserted by No. 68/2014 graticular sections covered by a licence is a s. 39(2). reference to— (a) if the licence has not been amalgamated with another licence, the number of graticular sections covered by the licence as originally granted; or Authorised by the Chief Parliamentary Counsel 112 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences (b) if the licence has been amalgamated with another licence, the total of— (i) the number of graticular sections covered by the licence as originally granted; and (ii) the number of graticular sections covered by the licence with which the licence was amalgamated, as originally granted. Pt 2 Div. 9 Division 9—Mine stability levy for Latrobe Valley (Heading and ss 38AAA– 38AAE) inserted by No. 57/2009 s. 25.

38AAA Definitions S. 38AAA inserted by No. 57/2009 In this Division— s. 25. Latrobe Valley region means the region constituted by the municipal boundaries of the Latrobe City Council and Wellington Shire Council; Latrobe Valley region coal mine means a coal mine that— (a) is prescribed for the purposes of the mine stability levy; and (b) is situated within the Latrobe Valley region; mine stability levy means the levy referred to in section 38AAB.

38AAB Mine stability levy imposed S. 38AAB inserted by No. 57/2009 This Division imposes a levy (the mine stability s. 25. levy) for the purpose of providing measures designed to decrease geotechnical and hydrogeological risks to mine stability in the Latrobe Valley region coal mines. Authorised by the Chief Parliamentary Counsel 113 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 2—Exploration licences, mining, prospecting and retention licences S. 38AAC 38AAC Who is liable for mine stability levy? inserted by No. 57/2009 A holder of a mining licence in respect of a s. 25. Latrobe Valley region coal mine is liable to pay the Minister the mine stability levy. S. 38AAD 38AAD Amount of the mine stability levy inserted by No. 57/2009 s. 25. The mine stability levy is the amount determined in accordance with the regulations. S. 38AAE 38AAE When and how is the mine stability levy to be paid? inserted by No. 57/2009 s. 25. A holder of a mining licence in respect of a Latrobe Valley region coal mine must pay the mine stability levy to the Minister by the date or dates and in the manner and in respect of the period specified under the regulations. Authorised by the Chief Parliamentary Counsel 114 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence Part 3—Work under a licence * * * * * S. 38AA inserted by No. 82/2000 s. 35, amended by Nos 53/2011 s. 4, 71/2001 s. 4, repealed by No. 68/2014 s. 40. * * * * * S. 38AB inserted by No. 82/2000 s. 35, amended by Nos 64/2012 s. 29, 10/2014 s. 13, repealed by No. 68/2014 s. 40. * * * * * S. 38AC inserted by No. 82/2000 s. 35, repealed by No. 68/2014 s. 40. * * * * * S. 38AD inserted by No. 82/2000 s. 35, repealed by No. 68/2014 s. 40. * * * * * S. 38AE inserted by No. 82/2000 s. 35, repealed by No. 68/2014 s. 40. Authorised by the Chief Parliamentary Counsel 115 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 39 39 Work must be approved amended by Nos 86/1993 (1) A person, other than the Crown, must not do any s. 18(a)(b), work under a licence otherwise than— 76/1998 s. 31(b), substituted by (a) in accordance with the licence; or No. 82/2000 s. 36. S. 39(1)(ab) (ab) in accordance with the approved work plan; inserted by No. 63/2006 or s. 24(1). (b) as authorised by a minerals exemption. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (2) A licensee and the manager of a worksite must comply with this Act and the regulations in doing any work under the licence. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. S. 39(3) * * * * * amended by No. 64/2012 s. 30, repealed by No. 10/2014 s. 14. S. 39(4) * * * * * amended by Nos 63/2006 s. 24(2), 59/2010 s. 36(1), repealed by No. 10/2014 s. 14. (5) A licensee must not do work under the licence unless the licensee is insured under a policy of public liability insurance in respect of the doing of Authorised by the Chief Parliamentary Counsel 116 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence that work for an amount determined by the Department Head. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (6) A person who is convicted of an offence against this section is also liable to the following default penalty— (a) in the case of a corporation, 20 penalty units; (b) in any other case, 10 penalty units.

39A Licensee's duty to consult with community S. 39A inserted by No. 63/2006 A licensee has a duty to consult with the s. 25. community throughout the period of the licence by— (a) sharing with the community information about any activities authorised by the licence that may affect the community; and (b) giving members of the community a reasonable opportunity to express their views about those activities.

40 Work plan S. 40 (Heading) amended by (1) A licensee who proposes to do work under the No. 32/2019 licence must lodge a work plan with the s. 60. Department Head. S. 40 amended by Nos 86/1993 s. 19, 76/1998 s. 31(b), 82/2000 s. 37, 63/2006 s. 26, 57/2009 s. 26, 59/2010 ss 23, 34, substituted by No. 10/2014 s. 15. Authorised by the Chief Parliamentary Counsel 117 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 40(2) (2) Subsection (1) does not apply to— amended by No. 47/2015 (a) a licensee who proposes to carry out only s. 9. low impact exploration work; or (b) a licensee who holds a mining licence that— (i) covers an area of 5 hectares or less; and (ii) does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments; or (c) a licensee who holds a prospecting licence that does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments— unless the Department Head declares, in writing, that the licensee must lodge a work plan. S. 40(3) (3) A work plan must— substituted by No. 10/2014 s. 16 (as (a) be appropriate in relation to the nature and amended by scale of the work proposed to be carried out; No. 47/2015 s. 3). and (b) identify the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; and (c) specify what the licensee will do to eliminate or minimise those risks as far as reasonably practicable; and (d) if the licence is a mining licence or prospecting licence, in relation to the mining activities proposed to be carried out under the licence, include a plan for consulting with the community that demonstrates that the licence holder will use appropriate and effective measures to consult with the Authorised by the Chief Parliamentary Counsel 118 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence community throughout the period of the licence and is prepared in accordance with the regulations and any guidelines issued by the Minister relating to such plans (a community engagement plan); and (e) if the licence is a mining licence or a prospecting licence under which mining activities are proposed to be carried out, include a rehabilitation plan for the land proposed to be covered by the licence; and (f) if the licence is a mining licence relating to a declared mine, contain the prescribed mine stability requirements and processes; and (g) contain any other matters required by the regulations. (4) A specified work plan that is lodged under subsection (1) must be statutorily endorsed. (5) In the case of a mining licence or prospecting S. 40(5) amended by licence, if any part of the land relating to the work No. 68/2014 plan is Crown land, the Department Head must s. 41. without delay lodge a copy of the work plan with the Crown land Minister. (6) Subsection (5) does not apply if the only work set out in the work plan that is proposed to be done on the Crown land is exploration work. (7) Within 28 days after a copy of the work plan is lodged with the Crown land Minister, or any longer period allowed by the Minister, the Crown land Minister— (a) must give comments to the Minister on the rehabilitation plan included in the work plan; and Authorised by the Chief Parliamentary Counsel 119 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (b) may recommend changes to be made to the work plan before it is approved or conditions to which an approval should be made subject. S. 40A 40A Work plan—approval inserted by No. 10/2014 s. 17. (1) The Department Head must— (a) approve the work plan with or without conditions; or (b) require the changes to the rehabilitation plan or the work plan specified in a notice to the licensee to be made before the plan will be approved; or (c) refuse to approve the work plan. (2) The Department Head must approve the work plan, require changes to the rehabilitation plan or work plan, or refuse to approve the work plan under subsection (1), within 28 days after the last of any of the following events that are applicable occurs— (a) the licensee notifying the Department Head that all required planning approvals have been granted; (b) the Minister administering the Environment Effects Act 1978 submitting an assessment to the Minister under section 42(7); (c) the granting or refusal of any application under section 26B relating to the licence; (d) the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2); (e) the Crown land Minister giving the Minister comments under section 40(7); (f) the lodging of the work plan. Authorised by the Chief Parliamentary Counsel 120 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (3) If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7), the Department Head must give a copy of the work plan to that Minister at least 10 days before approving the plan. (4) The Department Head must— (a) notify the licensee of his or her decision on the work plan; and (b) give the licensee a statement of reasons for the decision.

41 Application for variation of work plan S. 41 amended by Nos 86/1993 (1) The holder of a licence who— s. 20, 76/1998 s. 31(c)(i)(ii), (a) proposes to vary an approved work plan; or substituted by No. 82/2000 s. 38, amended by Nos 63/2006 s. 27, 25/2008 s. 12, 59/2010 s. 35, substituted by No. 10/2014 s. 18. (b) is directed by the Department Head under S. 41(1)(b) amended by section 41AA or clause 3 of Schedule 9 to No. 47/2015 lodge an application for approval of a s. 10. variation of a work plan— must lodge an application for approval of the variation with the Department Head. (2) An application for approval of a variation must contain the prescribed information. (3) A proposed specified variation that is the subject of an application must be statutorily endorsed. (4) In the case of a mining licence or prospecting S. 41(4) amended by licence, if any part of the land relating to the No. 68/2014 proposed variation of the work plan is Crown s. 41. land, the Department Head must without delay Authorised by the Chief Parliamentary Counsel 121 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence lodge a copy of the application with the Crown land Minister. S. 41(4A) (4A) In the case of a mining licence, if any part of the inserted by No. 22/2017 land relating to the proposed variation of the work s. 9(1), plan is land that forms part of declared mine land, amended by No. 32/2019 the Department Head must without delay lodge a s. 7(1). copy of the application with the Rehabilitation Authority. (5) Subsection (4) does not apply if the only work set out in the work plan that is proposed to be done on the Crown land is exploration work. (6) Within 28 days after the application is lodged with the Crown land Minister under subsection (4), or any longer period allowed by the Minister, the Crown land Minister— (a) must give comments to the Minister on the rehabilitation plan included in the work plan if affected by the proposed variation; and (b) may recommend changes to be made to the proposed variation before it is approved or conditions to which an approval should be made subject. S. 41(7) (7) Within 28 days after the application is lodged inserted by No. 22/2017 with the Rehabilitation Authority under s. 9(2), subsection (4A), or any longer period allowed by amended by No. 32/2019 the Minister, the Rehabilitation Authority— s. 7(2). (a) must give comments to the Minister on the following if affected by the proposed variation— (i) the rehabilitation plan included in the work plan; (ii) the community engagement plan included in the work plan in respect of rehabilitation; Authorised by the Chief Parliamentary Counsel 122 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (iii) in respect of the work plan, the S. 41(7)(a)(iii) identification of mining hazards on amended by No. 32/2019 declared mine land in relation to the s. 7(3). ending of mining and the rehabilitation of that land; (iv) in respect of the work plan, the S. 41(7)(a)(iv) amended by identification and assessment of risk on No. 32/2019 declared mine land in relation to the s. 7(3). ending of mining and the rehabilitation of that land; (v) in respect of the work plan, the risk S. 41(7)(a)(v) amended by management plan for declared mine No. 32/2019 land in relation to the ending of mining s. 7(3). and the rehabilitation of that land; and (b) may recommend changes to be made to the proposed variation before it is approved or conditions to which an approval should be made subject.

41AA Department Head may direct licensee to lodge S. 41AA inserted by application for variation of work plan No. 82/2000 s. 38, (1) The Department Head may, on his or her own amended by No. 63/2006 initiative, determine that an approved work plan s. 28, be varied. substituted by No. 10/2014 (2) On making a determination, the Department Head s. 18. must give the licensee written notice of the proposed variation, and the reasons for it, and give the licensee an opportunity to comment on the proposal. (3) After considering any comments made by the licensee, the Department Head may direct the licensee to lodge an application for approval of the variation. Authorised by the Chief Parliamentary Counsel 123 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 41AAB 41AAB Approval of variation of work plan inserted by No. 10/2014 (1) On application by a licensee under section 41(1) s. 18. or 41AE for approval of the variation of a work plan, the Department Head must— (a) approve the variation with or without conditions; or (b) require the changes specified in a notice to the licensee to be made before the variation will be approved; or (c) refuse to approve the variation. (2) The Department Head must approve, require changes, or refuse to approve a variation under subsection (1), within 28 days after the last of any of the following events that are applicable occurs— (a) the licensee notifying the Department Head that all required planning approvals have been granted; (b) the Minister administering the Environment Effects Act 1978 submitting an assessment to the Minister under section 42(7) or section 42A; (c) the granting or refusal of any application under section 26B relating to the licence; (d) the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2); (e) the Crown land Minister giving the Minister comments under section 41(6); S. (ea) the Rehabilitation Authority giving the 41AAB(2)(ea) inserted by Minister comments under section 41(7); No. 22/2017 s. 10, amended by No. 32/2019 s. 8. Authorised by the Chief Parliamentary Counsel 124 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (f) the lodging of the application for approval. (3) Once the Department Head has decided to approve a variation, the approved work plan for the licence is the work plan as amended by that variation. (4) If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7) or 42A, the Department Head must give a copy of the proposed variation to that Minister at least 10 days before approving the variation. (5) The Department Head must— (a) notify the licensee of his or her decision on the application; and (b) give the licensee a statement of reasons for the decision.

41A Minister may require impact statement S. 41A inserted by No. 86/1993 s. 21. (1) If the Minister is of the opinion that the proposed S. 41A(1) amended by exploration work under a work plan or an Nos 76/1998 application to vary an approved work plan lodged s. 31(d), 82/2000 with the Department Head by a licensee will have s. 39(a), a material impact on the environment, he or she substituted by No. 63/2006 may, in writing, require the licensee to submit a s. 29(1). statement, in the form specified by the Minister, assessing the impact of the proposed work on the environment. (2) The Minister must, on receipt of the statement, S. 41A(2) substituted by forward a copy to— No. 63/2006 s. 29(2). (a) the Minister administering the Planning and Environment Act 1987; and Authorised by the Chief Parliamentary Counsel 125 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (b) if the proposed work relates to Crown land, the Crown land Minister— and request comments on it by the date specified by the Minister. S. 41A(3) (3) The Minister must consider any comments amended by No. 82/2000 received under subsection (2) by the specified s. 39(b). date. S. 41A(4) (4) The Minister may seek public comments on the inserted by No. 63/2006 statement by a specified date and must consider s. 29(3). any comments received by that date. S. 41AB 41AB Reporting requirements for declared mines inserted by No. 57/2009 s. 27. A holder of a licence in respect of a declared mine must provide a report containing the prescribed particulars to the Department Head in accordance with the regulations. S. 41AC 41AC Chief Inspector to be notified of reportable events in (Heading) amended by relation to exploration or mining No. 64/2012 s. 31(1). S. 41AC inserted by No. 57/2009 s. 27. S. 41AC(1) (1) A licensee must report to the Chief Inspector in amended by No. 64/2012 accordance with the regulations a reportable event s. 31(2). as soon as practicable after the reportable event occurs. S. 41AC(2) (2) In this section, reportable event means an event amended by No. 64/2012 arising out of exploration or mining prescribed as s. 31(3). a reportable event for the purposes of this section. S. 41AD 41AD Licensee to submit area work plan schedule (Heading) amended by No. 68/2014 (1) A licensee who has lodged an area work plan must s. 42. not carry out any work on the land to which the S. 41AD area work plan relates unless the licensee has inserted by submitted to the Department Head, not less than No. 57/2009 s. 27. 21 days before carrying out that work, an area Authorised by the Chief Parliamentary Counsel 126 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence work plan schedule containing the prescribed information in relation to that work plan. (2) If an approved cultural heritage management plan (within the meaning of the Aboriginal Heritage Act 2006) is required under that Act or regulations made under that Act in respect of work on land to which an area work plan relates, an area work plan schedule is taken not to have been submitted under subsection (1) unless the area work plan schedule is accompanied by a copy of the approved cultural heritage management plan. (3) An area work plan schedule that is required to be submitted with a copy of an approved cultural heritage management plan under subsection (2) must be consistent with the approved cultural heritage management plan. (4) In this section, area work plan means a work plan that has been— * * * * * S. 41AD(4)(a) repealed by No. 10/2014 s. 19. (b) approved under section 40.

41AE Variation application must be made if mine is S. 41AE inserted by declared No. 57/2009 s. 27. (1) If the Minister declares by Order under section 7C that a specified mine is a declared mine, the licensee in respect of the declared mine, within 60 days after the declaration, must make an application to vary the approved work plan in respect of the declared mine. (2) The application must contain the prescribed mine stability requirements and processes. Authorised by the Chief Parliamentary Counsel 127 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 41AE(3) (3) Section 41(2) to (6) apply to an application lodged amended by under this section. No. 10/2014 s. 20. S. 42 42 Commencement of work under mining licence or (Heading) inserted by prospecting licence No. 59/2010 s. 24(1). S. 42(1) (1) The holder of a mining licence or prospecting amended by No. 76/1998 licence must not carry out any work on the land s. 31(d), covered by the licence unless— substituted by No. 82/2000 s. 40(1), (a) the licensee has an approved work plan if amended by required under this Act; and No. 59/2010 s. 24(2), Note substituted by No. 10/2014 Section 40 contains the requirements for a work plan. s. 21(1). (b) the licensee has entered into a rehabilitation bond in accordance with section 80; and (c) the licensee has obtained all the necessary consents and other authorities required by or under this or any other Act; and (d) the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and (e) the licensee has obtained the insurance required under section 39(5); and (f) any consent under section 45 or authorisation under section 46 has been registered; and (g) the licensee has given 7 days notice to— (i) the Chief Inspector; and (ii) the owners and occupiers of the land affected— of the licensee's intention to commence work; and Authorised by the Chief Parliamentary Counsel 128 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (h) if the land affected is private land— (i) the licensee has obtained the written consent of the owners and occupiers of the land affected; 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; or (iv) the licensee has purchased the land affected. 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. (2) Subsection (1)(h) does not apply if it is waived by S. 42(2) amended by the Department Head under subsection (3). Nos 76/1998 s. 31(d), 82/2000 ss 40(2), 61(b), 63/2006 s. 30(1)(2), 6/2009 s. 15, substituted by No. 10/2014 s. 21(1). * * * * * S. 42(2A) inserted by No. 82/2000 s. 40(3), repealed by No. 10/2014 s. 21(1). Authorised by the Chief Parliamentary Counsel 129 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 42(3) (3) If the land affected is private land and the licensee substituted by has been unable to determine the name and Nos 82/2000 s. 40(4), address of the owners and occupiers of the land, 10/2014 the licensee may apply to the Department Head to s. 21(1). have the requirement specified by subsection (1)(h) waived. S. 42(4) (4) The Department Head may grant such an amended by No. 82/2000 application if, in his or her opinion, the licensee s. 40(5), has made all reasonable efforts to determine the substituted by No. 10/2014 name and address of the owners and occupiers of s. 21(1). the land. S. 42(5) (5) Before waiving the requirement, the Department substituted by No. 82/2000 Head may require the licensee— s. 40(6), amended by (a) to advertise the licensee's intention to start No. 63/2006 s. 30(3), work on the land affected in a specified substituted by edition of a newspaper circulating generally No. 10/2014 s. 21(1). 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. S. 42(6) (6) Despite anything in any planning scheme inserted by No. 86/1993 approved under the Planning and Environment s. 22, Act 1987, the holder of a mining licence or amended by No. 64/2012 prospecting licence may be granted a permit under s. 32. the scheme for carrying out mining on the land covered by the licence even if the scheme prohibits that use or development of the land (whether absolutely or unless specified conditions are complied with) and does not provide for the granting of a permit for that use or development. S. 42(7) (7) If under subsection (6) or any planning scheme a inserted by No. 86/1993 permit is required to be obtained for carrying out s. 22, mining on the land covered by a mining licence or amended by No. 64/2012 prospecting licence in accordance with that s. 32. licence, the licensee is not required to obtain a permit for that work if— Authorised by the Chief Parliamentary Counsel 130 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (a) an Environment Effects Statement has been prepared under the Environment Effects Act 1978 on the work proposed to be done under the licence; and (b) an assessment of that Statement by the S. 42(7)(b) amended by Minister administering the Environment No. 10/2014 Effects Act 1978 has been submitted to the s. 21(2)(a). Minister. * * * * * S. 42(7)(c) amended by No. 76/1998 s. 31(d), substituted by No. 82/2000 s. 40(7), amended by No. 63/2006 s. 30(3), repealed by No. 10/2014 s. 21(2)(b). (8) In addition to any other power to prepare, adopt or S. 42(8) inserted by approve amendments to planning schemes, the No. 86/1993 Minister administering the Planning and s. 22, amended by Environment Act 1987 may— No. 64/2012 s. 32. (a) on the recommendation of the Minister prepare; and (b) adopt and approve— amendments to any planning scheme to facilitate the carrying out of mining on land covered by a mining licence or prospecting licence in accordance with that licence. (9) Without limiting what an amendment may S. 42(9) inserted by include, an amendment prepared under No. 86/1993 subsection (8) may provide that, in the s. 22, amended by circumstances set out in subsection (7), no permit No. 64/2012 is required to carry out mining on land covered by s. 32. a mining licence or prospecting licence in accordance with that licence. Authorised by the Chief Parliamentary Counsel 131 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 42(10) (10) The Planning and Environment Act 1987 inserted by (except section 12(2), Divisions 1 and 2 of Part 3 No. 86/1993 s. 22. 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 (8). S. 42(11) (11) Section 39(7) of the Planning and Environment inserted by No. 86/1993 Act 1987 applies to an amendment prepared, s. 22. adopted or approved under subsection (8) as if before "Division 1" there were inserted "section 12(1) or". S. 42(12) (12) Section 39(8) of the Planning and Environment inserted by No. 86/1993 Act 1987 applies to an amendment prepared or s. 22. adopted under subsection (8) 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". S. 42(13) (13) Section 46 of the Planning and Environment inserted by No. 86/1993 Act 1987 does not apply to a planning scheme to s. 22. the extent to which, because of an amendment prepared, adopted or approved under subsection (8), 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. S. 42(14) (14) Nothing in this section prevents either House of inserted by No. 86/1993 Parliament exercising its power under section 38 s. 22. of the Planning and Environment Act 1987. Authorised by the Chief Parliamentary Counsel 132 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence

42A Planning permits not required for some work S. 42A variations inserted by No. 82/2000 (1) This section applies if— s. 41. (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 S. 42A(2) amended by that work only if— No. 57/2009 s. 28(1). (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 Department Head approves the variation. S. 42A(2)(b) amended by No. 57/2009 s. 28(2). (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 Authorised by the Chief Parliamentary Counsel 133 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 42A(3)(d) (d) the variation, in the form that it is approved amended by by the Department Head, substantially No. 57/2009 s. 28(3). complies with any requirements recommended by that assessment. S. 43 43 Commencement of work under exploration licence (Heading) inserted by or retention licence No. 59/2010 s. 25(1). S. 43(1) (1) The holder of an exploration licence or retention amended by Nos 86/1993 licence must not carry out any work on the land s. 23(a)(i)(iii), covered by the licence unless— 82/2000 s. 42(1)(a)(d), 63/2006 (a) the licensee has an approved work plan; and s. 31(1)(a), 59/2010 s. 25(2). S. 43(1)(ab) (ab) in the case of an area work plan within the inserted by No. 57/2009 meaning of section 41AD(4), the licensee s. 29. has submitted the relevant area work plan schedule containing the prescribed information to the Department Head not less than 21 days before carrying out any work on the land affected; and (b) the licensee has entered into a rehabilitation bond in accordance with section 80; and S. 43(1)(ba) (ba) the licensee has complied with any condition inserted by No. 63/2006 imposed by the Minister under s. 31(1)(b). 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 affected 3 required by or under this or any other Act; and S. 43(1)(ca) (ca) any consent under section 45 or authorisation inserted by No. 63/2006 under section 46 has been registered; and s. 31(1)(c). Authorised by the Chief Parliamentary Counsel 134 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (cb) the licensee has obtained the insurance S. 43(1)(cb) required under section 39(5); and inserted by No. 63/2006 s. 31(1)(c). (d) the licensee has given— (i) 7 days' notice to the Chief Inspector; S. 43(1)(d)(i) amended by and Nos 82/2000 ss 42(1)(b), 61(b), 6/2009 s. 16. (ii) 7 days' notice (or any shorter period S. 43(1)(d)(ii) amended by agreed between the licensee and the No. 82/2000 owners and occupiers of the land s. 42(1)(b). affected) to the owners and occupiers of the land affected 4— of the licensee's intention to commence work; and (e) if the land affected 5 is private land— S. 43(1)(e) substituted by No. 82/2000 (i) the licensee has obtained the written s. 42(1)(c), consent of the owners and occupiers of amended by No. 59/2010 the land affected 6; or s. 36(2). (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 affected 7— unless this requirement has been waived by the Department Head under subsection (2); and Authorised by the Chief Parliamentary Counsel 135 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 43(1)(ea) (ea) the licensee has obtained the written consent inserted by or informed verbal consent of the owners and No. 59/2010 s. 36(3), occupiers of the land affected, if the land substituted by affected is private land and the work being No. 10/2014 s. 22(1). carried out involves exploring for minerals on land but does not involve— (i) the use of equipment (other than non- mechanical hand tools) to excavate on the land; or (ii) the use of explosives on the land; or (iii) removing or damaging any tree or shrub on the land. S. 43(1)(f) * * * * * repealed by No. 86/1993 s. 23(a)(ii). 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. S. 43(1A) (1A) Subsections (1)(a) and (1)(ba) do not apply to low inserted by No. 63/2006 impact exploration. s. 31(2), amended by No. 10/2014 s. 22(2). S. 43(1B) (1B) Subsection (1)(a), (ab), (b), (ba), (ca) and (d) do inserted by No. 10/2014 not apply to a licensee if the work being carried s. 22(3). out involves exploring for minerals on land but does not involve— (a) the use of equipment (other than non-mechanical hand tools) to excavate on the land; or Authorised by the Chief Parliamentary Counsel 136 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (b) the use of explosives on the land; or (c) removing or damaging any tree or shrub on the land. (2) If the land affected is private land and the licensee S. 43(2) repealed by has been unable to determine the name and No. 86/1993 address of the owners and occupiers of the land, s. 23(b), new s. 43(2) the licensee may apply to the Department Head to inserted by have the requirement specified by No. 82/2000 s. 42(2). subsection (1)(e) waived. (2A) The Department Head may grant such an S. 43(2A) inserted by application if, in her or his opinion, the licensee No. 82/2000 has made all reasonable efforts to determine the s. 42(2). name and address of the owners and occupiers of the land. (2B) Before waiving the requirement, the Department S. 43(2B) inserted by Head may require the licensee— No. 82/2000 s. 42(2). (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 S. 43(3) substituted by approved under the Planning and Environment No. 86/1993 Act 1987 which— s. 23(c), amended by Nos 7/1994 (a) prohibits the use or development of the land s. 6(a), covered by the licence for exploration 64/2012 s. 33. (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 Authorised by the Chief Parliamentary Counsel 137 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (b) requires a permit to be obtained for that use or development— the holder of a 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. S. 43(4) (4) In addition to any other power to prepare, adopt or substituted by No. 86/1993 approve amendments to planning schemes, the s. 23(c), Minister administering the Planning and amended by Nos 7/1994 Environment Act 1987 may— s. 6(b), 64/2012 s. 33. (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 a licence in accordance with that licence. S. 43(5) (5) Without limiting what an amendment may inserted by No. 86/1993 include, an amendment prepared under s. 23(c), subsection (4) may provide that no permit is amended by Nos 7/1994 required to carry out exploration on land covered s. 6(c), by a licence in accordance with that licence. 64/2012 s. 33. S. 43(6) (6) The Planning and Environment Act 1987 inserted by No. 86/1993 (except section 12(2), Divisions 1 and 2 of Part 3 s. 23(c). 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). S. 43(7) (7) Section 39(7) of the Planning and Environment inserted by No. 86/1993 Act 1987 applies to an amendment prepared, s. 23(c). adopted or approved under subsection (4) as if before "Division 1" there were inserted "section 12(1) or". Authorised by the Chief Parliamentary Counsel 138 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (8) Section 39(8) of the Planning and Environment S. 43(8) Act 1987 applies to an amendment prepared or inserted by No. 86/1993 adopted under subsection (4) as if— s. 23(c). (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 S. 43(9) inserted by Act 1987 does not apply to a planning scheme to No. 86/1993 the extent to which, because of an amendment s. 23(c). 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 S. 43(10) inserted by Parliament exercising its power under section 38 No. 86/1993 of the Planning and Environment Act 1987. s. 23(c).

43A Effect of contraventions S. 43A inserted by No. 86/1993 A failure by a licensee in carrying out exploration s. 24. or mining on the land covered by the licence to comply with this Act or the regulations or with any condition to which the licence is subject or any condition specified under section 44 or with the approved work plan for the licence does not constitute a contravention of the Planning and Environment Act 1987 or any planning scheme, despite anything in that Act or scheme.

43B Certain consents etc. not required in case of S. 43B inserted by unrestricted Crown land No. 86/1993 s. 24. (1) Despite any provision to the contrary made by or S. 43B(1) amended by under any Act (being an Act that relates to access Nos 82/2000 to, or the doing of work under a licence on, s. 43(a), 64/2012 s. 34. unrestricted Crown land) other than this Act that Authorised by the Chief Parliamentary Counsel 139 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence requires a person to obtain any consent or other authority under that provision before carrying out exploration or mining on unrestricted Crown land but subject to any conditions imposed by the Minister on the licence (as the case requires), it is not necessary for a licensee to obtain any such consent or other authority before carrying out exploration or mining on unrestricted Crown land. S. 43B(2) (2) Subsection (1) does not apply to the Planning amended by Nos 82/2000 and Environment Act 1987, the Environment s. 43(b), Protection Act 2017, the Flora and Fauna 25/2008 s. 13, 39/2018 Guarantee Act 1988 or the Forests (Fire s. 44(1). Protection) Regulations 2004.

44 Particular consents etc. required S. 44(1) (1) A licensee who proposes to do work under the amended by Nos 86/1993 licence on restricted Crown land must obtain the s. 25(a)(b), consent of the Crown land Minister. 82/2000 s. 44(1), 63/2006 s. 32. S. 44(2) (2) A licensee who proposes to do work under the amended by No. 82/2000 licence on land— s. 44(1). S. 44(2)(a) * * * * * repealed by No. 86/1993 s. 25(c). S. 44(2)(b) (b) that is owned by, vested in or managed or amended by No. 74/2000 controlled by the Melbourne Water s. 3(Sch. 1 Corporation or an Authority under the item 83.1). Water Act 1989 must obtain the consent of that Board or Authority; and S. 44(2)(c) (c) on which there is a public highway, road or amended by No. 86/1993 street must give 21 days' notice of the s. 25(d). proposed work to the person or body having the care or management of the public highway, road or street. Authorised by the Chief Parliamentary Counsel 140 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence * * * * * S. 44(3) repealed by No. 86/1993 s. 25(e). (4) A consent under subsection (1) or (2)— S. 44(4) amended by No. 86/1993 (a) must not be unreasonably withheld; and s. 25(f). (b) may be granted subject to conditions. (5) A person or body whose consent is sought under S. 44(5) amended by subsection (1) or (2) must, within 28 days (or any No. 86/1993 longer period allowed by the Minister) after the s. 25(f)(g). consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent. (6) A person or body that does not comply with S. 44(6) substituted by subsection (5) in relation to any land is deemed to No. 82/2000 have given the consent sought. s. 44(2). (7) A person or body that refuses to consent under S. 44(7) amended by subsection (1) or (2) must, within 7 days after the No. 86/1993 decision to refuse, give the licensee a statement in s. 25(f). writing of the reasons for the decision. (8) A licensee may only do work under the licence at S. 44(8) amended by a depth of more than 0·75 metres below any land No. 82/2000 that is within 100 metres of— s. 44(1). (a) a waterway that is owned by, vested in or managed or controlled by the Melbourne and Metropolitan Board of Works or an Authority under the Water Act 1989; or (b) any main drains, sewers, aqueducts, channels or pipelines of that Board or such an Authority— after consultation with the Board or Authority and in compliance with any conditions specified by the Board or Authority. Authorised by the Chief Parliamentary Counsel 141 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 44(9) (9) A licensee may apply to the Tribunal for review of amended by a decision— No. 52/1998 s. 311(Sch. 1 item 64.3). S. 44(9)(a) (a) by a person or body under subsection (1) amended by No. 86/1993 or (2)— s. 25(f). (i) to refuse to consent; or (ii) to consent subject to conditions; or (b) under subsection (8) by the Board or an Authority to specify a condition with which the licensee must comply in doing work. S. 44(10) (10) An application for review must be made within inserted by No. 52/1998 28 days after the later of— s. 311(Sch. 1 item 64.4). (a) the day on which the decision is made; (b) either— (i) in the case of a decision under subsection (1) or (2), the day on which the statement of reasons for the decision is given to the licensee under subsection (7); or (ii) in the case of a decision under subsection (8), if, under the Victorian Civil and Administrative Tribunal Act 1998, the licensee requests a statement of reasons for the decision, the day on which the statement of reasons is given to the licensee or the licensee is informed under section 46(5) of that Act that a statement of reasons will not be given. Authorised by the Chief Parliamentary Counsel 142 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence

45 Prohibition of work near dwellings and certain S. 45 places and sites (Heading) inserted by No. 63/2006 s. 33(1). (1) A licensee must not, except as provided by S. 45(1) amended by subsection (2), (4), (4A) or (4B) do any work Nos 18/1997 under the licence— s. 3(1)(a), 82/2000 s. 45(1)(a) (a) within 100 metres laterally of— (b)(d). (i) a dwelling house that existed before an S. 45(1)(a)(i) amended by approved work plan was registered in No. 63/2006 respect of the licence; or s. 33(2)(a). * * * * * S. 45(1) (a)(ii)–(x) repealed by No. 63/2006 s. 33(2)(b). * * * * * S. 45(1)(a)(xi) amended by Nos 93/1995 s. 218(1) (Sch. 2 item 5.1), 18/1997 s. 3(1)(b), 93/1995 s. 218(2) (Sch. 2 item 9.1), substituted by Nos 82/2000 s. 45(1)(c), 16/2006 s. 198(Sch. 2 item 5(5)), repealed by No. 10/2014 s. 23(1). Authorised by the Chief Parliamentary Counsel 143 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 45(1)(a)(xii) * * * * * substituted by Nos 82/2000 s. 45(1)(c), 63/2006 s. 33(2)(c), 16/2006 s. 198(Sch. 2 item 5(5)), repealed by No. 10/2014 s. 23(1). S. 45(1)(a)(xiii) * * * * * inserted by No. 93/1995 s. 218(1) (Sch. 2 item 5.2), repealed by No. 10/2014 s. 23(1). (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. S. 45(1A) (1A) Despite subsection (1), a licensee may do any inserted by No. 82/2000 work prohibited by subsection (1) (except work s. 45(2). 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. S. 45(1B) (1B) Subsection (1A) applies regardless of whether the inserted by No. 82/2000 licensee has any of the consents referred to in s. 45(2). subsections (2) and (4). Authorised by the Chief Parliamentary Counsel 144 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (2) A licensee may, with the consent of the owners of S. 45(2) the land on which a dwelling house is situated, do substituted by No. 63/2006 work within the area prohibited by s. 33(3). 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 S. 45(3) amended by subsection (2)— Nos 93/1995 s. 218(1)(2) (a) must be in writing and in the prescribed form (Sch. 2 items 5.3, 9.2) (if any); and (as amended by No. (b) cannot be withdrawn by that owner or by any 66/1997 s. 10), subsequent owner of the land; and 18/1997 s. 3(2), (c) binds all subsequent owners and occupiers of repealed by No. 82/2000 the land. s. 45(3), new s. 45(3) inserted by No. 63/2006 s. 33(3). * * * * * S. 45(4) repealed by No. 10/2014 s. 23(1). * * * * * S. 45(4A) inserted by No. 18/1997 s. 3(3), amended by No. 63/2006 s. 33(4), repealed by No. 10/2014 s. 23(1). * * * * * S. 45(4B) inserted by No. 18/1997 s. 3(3), repealed by No. 10/2014 s. 23(1). Authorised by the Chief Parliamentary Counsel 145 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence S. 45(5) (5) An owner who consents under subsection (2) may amended by make the consent conditional on the following Nos 18/1997 s. 3(4), matters only— 82/2000 s. 45(4), (a) specified distance restrictions; substituted by No. 63/2006 (b) specified depth restrictions. s. 33(5), amended by No. 10/2014 s. 23(2). S. 45(6) * * * * * substituted by No. 82/2000 s. 45(5), repealed by No. 16/2006 s. 198(Sch. 2 item 5(6)). S. 45(7) (7) In this section— inserted by No. 63/2006 s. 33(6). 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; S. 45(7) def. of work means any of the following activities— work amended by No. 10/2014 (a) any excavation for the purposes of s. 23(3). 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; Authorised by the Chief Parliamentary Counsel 146 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (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 exploring for minerals on land— (k) without using equipment (other than non-mechanical hand tools) to excavate on the land; and (l) without using explosives on the land; and (m) without removing or damaging any tree or shrub on the land. (8) For the purposes of subsection (1)(a)(i) the S. 45(8) inserted by distance of 100 metres is to be measured from— No. 63/2006 s. 33(6). (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 Authorised by the Chief Parliamentary Counsel 147 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (b) in any other case, a distance of 25 metres from the outer edge of any eave forming part of the dwelling house. S. 45A 45A Certain exploration and mining work complies with inserted by No. 63/2006 section 45 s. 34. (1) A licensee who does any work under the licence within an area of land prohibited by section 45(1)(a)(i) or within 100 metres below that area complies with section 45 in respect of that work if— (a) at the commencement date— S. 45A(1)(a)(i) (i) an approved work plan was registered amended by No. 10/2014 in respect of the licence; and s. 24(a). (ii) the approved work plan provided for that work to be done under the licence; and S. 45A(1)(b) (b) the approved work plan is still registered at amended by No. 10/2014 the time that work is done; and s. 24(b). (c) that work is done in accordance with the approved work plan as in effect at the commencement date. (2) In this section— commencement date means the date of commencement of section 34 of the Mineral Resources Development (Sustainable Development) Act 2006; work has the same meaning as it has in section 45(7). Authorised by the Chief Parliamentary Counsel 148 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence

46 Minister may authorise work near dwelling house S. 46 (Heading) inserted by No. 63/2006 s. 35(1). (1) The Minister may authorise a licensee to do work S. 46(1) amended by within the area prohibited by section 45(1)(a)(i) or No. 74/2000 within 100 metres below that area after s. 3(Sch. 1 item 83.2), consultation with— substituted by No. 82/2000 (a) the municipal council in whose municipal s. 46(1), amended by district an area is situated; and No. 63/2006 s. 35(2), (b) any community group or member of the substituted by community whom the Minister considers No. 59/2010 s. 40. should be consulted about the proposed work. (2) A licensee who does work in accordance with an authority under subsection (1) is not guilty of an offence under section 45(1). (3) A licensee who does work in accordance with an S. 46(3) amended by authority under subsection (1) must repair any Nos 82/2000 damage caused to the protected building or site by s. 46(2), 10/2014 s. 25. the work. (4) In this section work has the same meaning as it S. 46(4) inserted by has in section 45(7). No. 63/2006 s. 35(3).

47 New consent or authorisation for certain work plan S. 47 repealed by variations No. 82/2000 s. 47, new s. 47 inserted by No. 63/2006 s. 36. (1) A licensee must obtain a consent under section 45 S. 47(1) amended by (a new consent) to do mining work (the new No. 10/2014 work) that is proposed by a variation to an s. 26(1). approved work plan under section 41 if— Authorised by the Chief Parliamentary Counsel 149 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (a) the new work affects all or part of any mining work within an area of land prohibited by section 45(1), being mining work— (i) for which a consent under section 45 or an authorisation under section 46 is held by the licensee; or (ii) that is permitted to be done under section 45A; and S. 47(1)(b) (b) if the mining work affected by the new work amended by No. 10/2014 is within an area of land prohibited by s. 26(2). section 45(1)(a)(i) or within 100 metres below that area, a permit is required to be obtained under a planning scheme for the new work. S. 47(1)(c) * * * * * repealed by No. 10/2014 s. 26(3). S. 47(2) (2) The Department Head must direct a licensee to amended by No. 10/2014 obtain consent under section 45 (a new consent) s. 26(1). to do exploration work (the new work) that is proposed by a variation to an approved work plan under section 41 if— (a) the new work affects all or part of any exploration work within an area of land prohibited by section 45(1) being exploration work— (i) for which a consent under section 45 or an authorisation under section 46 is held by the licensee; or (ii) that is permitted to be done under section 45A; and (b) the Department Head considers that the new work will result in significant changes to that exploration work. Authorised by the Chief Parliamentary Counsel 150 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 3—Work under a licence (3) In this section work has the same meaning as it has in section 45(7). (4) This section applies despite section 45A.

47A Management of worksites S. 47A inserted by No. 86/1993 (1) A licensee holding a mining licence must appoint s. 26, a manager to control and manage the licence substituted by No. 82/2000 worksites. s. 48. * * * * * S. 47A(2) repealed by No. 6/2009 s. 17(1). * * * * * S. 47A(3) repealed by No. 6/2009 s. 17(1). (4) The licensee must provide the manager with sufficient means to enable the manager to ensure that all obligations placed on the licensee by or under this Act with respect to the licence worksites are met. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (5) The licensee may appoint himself or herself to be S. 47A(5) amended by the manager of the licence worksites. No. 6/2009 s. 17(2). Authorised by the Chief Parliamentary Counsel 151 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Pt 4 (Heading * * * * * and ss 48–54) amended by Nos 86/1993 s. 27, 46/1998 s. 7(Sch. 1), 76/1998 s. 31(e), 108/2004 s. 117(1) (Sch. 3 items 134.2, 134.3), 80/2006 s. 26(Sch. item 71.1), repealed by No. 59/2010 s. 39. Authorised by the Chief Parliamentary Counsel 152 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 4A—Advisory panels Part 4A—Advisory panels Pt 4A (Heading and ss 54A–54M) Division 1—Appointment of panels inserted by No. 63/2006 s. 37.

54A Appointment of advisory panels S. 54A inserted by No. 63/2006 The Minister may appoint a panel to consider and s. 37, advise on any matter relating to exploration, amended by No. 6/2009 mining, extractive industries, or the administration s. 18. of this Act, referred to the panel by the Minister.

54B Composition of panel S. 54B inserted by No. 63/2006 (1) A panel may consist of one or more persons. s. 37. (2) In appointing a person to be a member of a panel, the Minister must be satisfied that the person has appropriate knowledge, skills or experience.

54C Chairperson S. 54C inserted by No. 63/2006 If a panel consists of more than one member, the s. 37. Minister must appoint one of the members to be the chairperson.

54D Terms of reference S. 54D inserted by No. 63/2006 On appointing a panel, the Minister must specify s. 37. the terms of reference of the panel.

54E Terms and conditions of appointment S. 54E inserted by No. 63/2006 (1) A member of a panel is appointed for the term that s. 37. is specified in the instrument of his or her appointment. (2) A member of a panel, other than a member who is employed by or on behalf of the Crown, is entitled to receive any fees and allowances fixed by the Minister in the instrument of his or her appointment. Authorised by the Chief Parliamentary Counsel 153 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 4A—Advisory panels Division 2—Procedure of panels S. 54F 54F Procedure of panel inserted by No. 63/2006 (1) A panel may call for and consider written s. 37. submissions from any persons having an interest in the matter referred to it. (2) A panel may hold a public hearing. (3) If a panel holds a public hearing, it must give a reasonable opportunity to be heard by it to any person who has stated in a written submission that the person wishes to be heard with respect to that submission. S. 54G 54G Directions about hearings inserted by No. 63/2006 s. 37. (1) A panel may give directions about— (a) the times and places of hearings; and (b) matters preliminary to hearings; and (c) the conduct of hearings. (2) A panel may refuse to hear any person who fails to comply with a direction of the panel. S. 54H 54H Hearings to be in public inserted by No. 63/2006 s. 37. A panel must conduct its hearings in public unless any person making a submission objects to making the submission in public and the panel is satisfied that the submission is confidential in nature. S. 54I 54I Procedure for hearing submissions inserted by No. 63/2006 s. 37. (1) A person who has a right to be heard by a panel may— (a) appear and be heard in person or be represented by any other person; and (b) give submissions to a panel orally or in writing or partly orally and partly in writing. Authorised by the Chief Parliamentary Counsel 154 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 4A—Advisory panels (2) A panel may report and make recommendations on a submission without hearing the person who made the submission if the person is not present or represented at the time and place appointed for the hearing of the submission. (3) A panel may consider 2 or more submissions together if the submissions concern the same or a related matter.

54J Adjournment of hearings S. 54J inserted by No. 63/2006 A panel may from time to time adjourn a hearing s. 37. to any times and places and for any purposes it thinks necessary or just in the circumstances.

54K Panel may regulate its own proceedings S. 54K inserted by No. 63/2006 A panel may regulate its own proceedings. s. 37.

54L Panel may take into account any relevant matter S. 54L inserted by No. 63/2006 A panel may take into account any matter it thinks s. 37. relevant in making its report and recommendations.

54M Report of panel S. 54M inserted by No. 63/2006 (1) After considering a matter, including conducting s. 37. hearings and considering submissions under this Part, the panel— (a) must report to the Minister on the matter; and (b) may make recommendations in relation to the matter. Authorised by the Chief Parliamentary Counsel 155 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 4A—Advisory panels (2) The report of the panel and any recommendations must be forwarded to the Minister— (a) if a period is specified in the instrument of appointment for the forwarding of the report and any recommendations, within that period; or (b) in any other case, within 60 days after the appointment of the panel. Authorised by the Chief Parliamentary Counsel 156 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 5—Other authorities Part 5—Other authorities Division 1—Miner's rights

55 Miner's right (1) A miner's right entitles the holder to search for S. 55(1) substituted by minerals on any of the following land, unless the No. 82/2000 land is covered by a mining licence, prospecting s. 49(1), amended by licence or retention licence— No. 59/2010 s. 26(1). (a) private land, but only with the consent of the owner or occupier; and (b) Crown land (other than land exempted under S. 55(1)(b) amended by section 6, 6A or 7 of this Act or nominated No. 50/2002 under section 7(1) of the Crown Land s. 22. (Reserves) Act 1978). (1A) If the land is covered by a mining licence, S. 55(1A) inserted by prospecting licence or retention licence, the holder No. 82/2000 of a miner's right is entitled to search for minerals s. 49(1), amended by on the land if he or she has, in addition to any No. 59/2010 consent required under subsection (1), the consent s. 26(2). of the licensee. (2) A consent granted under subsection (1) or (1A)— S. 55(2) substituted by No. 82/2000 (a) may be granted subject to conditions; and s. 49(1). (b) may be withdrawn at any time by the person who granted it. (2A) If the holder of a miner's right is validly on any S. 55(2A) inserted by land under this section, he or she may remove No. 82/2000 from the land any minerals discovered by him or s. 49(1). her on the land. (3) A miner's right is current for the time, not S. 55(3) amended by exceeding 10 years, specified in the miner's right. No. 59/2010 s. 37. Authorised by the Chief Parliamentary Counsel 157 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 5—Other authorities S. 56 56 Who may grant a miner's right amended by No. 76/1998 (1) The Department Head may grant a miner's right. s. 31(f), substituted by (2) The Department Head may authorise in writing— No. 69/2004 s. 55. (a) a person or body; or (b) all people or bodies falling within a specified class— to grant miner's rights. S. 57 57 Grant of miner's right amended by Nos 27/1991 s. 4(4), On receiving an application for a miner's right, a 76/1998 person who is authorised to grant miner's rights s. 31(f), 82/2000 must grant the miner's right to the applicant if the s. 49(2), application has been made in accordance with the substituted by No. 69/2004 regulations. s. 55.

58 Obligations of holder S. 58(1) (1) The holder of a miner's right acting under that amended by No. 82/2000 right must not— s. 50(1)(a). (a) use any equipment for the purposes of excavation on the land, other than non- mechanical hand tools; or (b) use explosives on the land; or (c) remove or damage any tree or shrub on the land; or S. 58(1)(d) (d) disturb any Aboriginal cultural heritage substituted by No. 16/2006 (within the meaning of the Aboriginal s. 198(Sch. 2 Heritage Act 2006) on the land. item 5(7)). Penalty: 100 penalty units. S. 58(2) (2) The holder of a miner's right must repair any amended by No. 82/2000 damage to the land arising out of the search. s. 50(1)(b). Penalty: 50 penalty units. Authorised by the Chief Parliamentary Counsel 158 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 5—Other authorities (3) The holder of a miner's right must produce the S. 58(3) miner's right for inspection if asked to do so by an inserted by No. 82/2000 inspector or any person acting under a delegation s. 50(2). conferred under section 91(b). Division 2—Tourist fossicking authorities

59 Tourist fossicking authority (1) A tourist fossicking authority entitles the holder, S. 59(1) substituted by or any employee or agent of the holder if the No. 82/2000 holder is not a natural person, and any person s. 51(1), amended by accompanied by the holder to search for minerals Nos 25/2008 at the times, and subject to the conditions, s. 14(1), 64/2012 specified in the authority on any of the following s. 35(1). land that is specified in the authority, unless the land is covered by a mining licence, prospecting licence or retention licence— (a) private land, but only with the consent of the owner or occupier; and (b) Crown land (other than land exempted under S. 59(1)(b) amended by section 6, 6A or 7 of this Act). No. 50/2002 s. 23. (1A) If the land is covered by a mining licence, S. 59(1A) inserted by prospecting licence or retention licence, the holder No. 82/2000 of the authority and any person accompanied by s. 51(1), amended by the holder, or any employee or agent of the holder Nos 25/2008 if the holder is not a natural person, are entitled to s. 14(2), 64/2012 search for minerals on the land under a tourist s. 35(2). fossicking authority if— (a) the land is specified in the authority; and (b) the holder of the authority has, in addition to any consent required under subsection (1), the consent of the licensee. (2) A tourist fossicking authority is current for the S. 59(2) amended by time, not exceeding 10 years, specified in the No. 59/2010 authority. s. 38. Authorised by the Chief Parliamentary Counsel 159 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 5—Other authorities S. 59(3) (3) A consent granted under subsection (1) or (1A)— substituted by No. 82/2000 (a) may be granted subject to conditions; and s. 51(2). (b) may be withdrawn at any time by the person who granted it. S. 59(4) (4) If a person is validly on any land under this inserted by No. 82/2000 section, he or she may remove from the land any s. 51(2). minerals discovered by him or her on the land. S. 60 60 Application for tourist fossicking authority amended by No. 76/1998 s. 31(f). A person may apply to the Department Head in accordance with the regulations for a tourist fossicking authority.

61 Grant or refusal of tourist fossicking authority S. 61(1) (1) The Department Head may grant or refuse an amended by No. 76/1998 application. s. 31(g)(i). S. 61(2) (2) The Department Head may grant an application on amended by No. 76/1998 any terms and conditions specified in the s. 31(g)(i). authority. S. 61(3) * * * * * repealed by No. 76/1998 s. 31(g)(ii).

62 Obligations of holder (1) The holder of a tourist fossicking authority must not— (a) use any equipment for the purposes of excavation on the land, other than non- mechanical hand tools; or (b) use explosives on the land; or (c) remove or damage any tree or shrub on the land; or Authorised by the Chief Parliamentary Counsel 160 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 5—Other authorities (d) disturb any Aboriginal cultural heritage S. 62(1)(d) (within the meaning of the Aboriginal substituted by No. 16/2006 Heritage Act 2006) on the land. s. 198(Sch. 2 item 5(8)). Penalty: 100 penalty units. (2) The holder of a tourist fossicking authority must make sure that a person who searches for minerals under that authority does not do anything specified in subsection (1)(a), (b), (c) or (d). Penalty: 100 penalty units. (3) The holder of a tourist fossicking authority must S. 62(3) amended by repair any damage to the land arising out of the No. 25/2008 searching for minerals under that authority by any s. 15. person. Penalty: 50 penalty units. * * * * * Pt 5 Div. 3 (Heading and ss 63–67) amended by Nos 86/1993 s. 28, 82/2000 ss 61(b), 72(a), 6/2009 s. 19, repealed by No. 59/2010 s. 41. Authorised by the Chief Parliamentary Counsel 161 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6—Mining register Part 6—Mining register S. 68 * * * * * amended by No. 46/1998 s. 7(Sch. 1), repealed by No. 82/2000 s. 52(1). S. 69 69 Functions of Department Head regarding mining (Heading) inserted by register No. 63/2006 s. 38(1). S. 69(1) (1) The Department Head must establish and maintain amended by No. 82/2000 a mining register. s. 52(2). S. 69(1A) (1A) The mining register may be kept in electronic inserted by No. 63/2006 form. s. 38(2). S. 69(2) (2) The Department Head must, by any means he or amended by No. 82/2000 she considers appropriate— s. 52(2). (a) register the following documents— (i) licences; S. 69(2)(a)(ia) (ia) instruments of refusal of applications inserted by No. 82/2000 for licences; s. 52(3)(b). (ii) compensation agreements; (iii) rehabilitation bonds; S. 69(2)(a)(iiia) (iiia) consents given under section 45; inserted by No. 63/2006 s. 38(3). S. 69(2)(a)(iiib) (iiib) authorisations given under section 46; inserted by No. 63/2006 s. 38(3). Authorised by the Chief Parliamentary Counsel 162 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6—Mining register (iv) approved work plans; (v) work authorities; S. 69(2)(a)(v) substituted by No. 82/2000 s. 52(3)(a). (vi) instruments of renewal of licences, including notice of decreased area and of any changed conditions; (vii) instruments of refusal to renew licences; (viii) instruments of variation of licences; (ix) instruments of amalgamation of licences; (x) notices of surrender of licences; (xi) instruments of cancellation of licences; (xii) instruments of variation, suspension, S. 69(2)(a)(xii) amended by revocation or addition of licence No. 86/1993 conditions; s. 29. (xiii) approved instruments of transfer of licences; (xiv) instruments for creating, assigning or S. 69(2)(a)(xiv) amended by affecting interests in, or conferred by, No. 82/2000 licences (including mortgages); s. 52(3)(c). (xv) instruments for the devolution of licences or interests in, or conferred by, licences; (xva) instruments (including mortgages) for S. 69(2) (a)(xva) the termination or cancellation of inserted by interests in, or conferred by, licences; No. 64/2012 s. 36. (xvb) written undertakings entered into under S. 69(2) (a)(xvb) section 107; inserted by No. 68/2014 s. 43(1). Authorised by the Chief Parliamentary Counsel 163 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6—Mining register S. 69(2)(a)(xvi) (xvi) determinations of the Tribunal or the amended by Supreme Court as to the amount of Nos 91/1994 s. 28(1), compensation payable; 52/1998 s. 311(Sch. 1 item 64.5). (xvii) any other prescribed documents; and (b) record in the register the prescribed information contained in— (i) any document registered under paragraph (a); and (ii) any other document that is required to be lodged under this Act; and (c) endorse on the document and in the register the date and time of registration. S. 69(3) (3) The Department Head may— amended by No. 82/2000 (a) approve forms of documents referred to in s. 52(2). subsection (2)(a) for registration; and (b) register a document by registering either the original or a copy; and (c) determine the form of an extract from the register. S. 69(4) (4) The Department Head may refuse to accept for amended by No. 82/2000 registration any document referred to in s. 52(2). subsection (2)(a) that does not contain the prescribed information or that is not in an approved form. S. 69(5) (5) The Department Head may refuse to accept for inserted by No. 68/2014 registration an approved instrument of transfer if s. 43(2). the proposed transferee has not paid all outstanding fees, bonds, royalties and rents in respect of the licence agreed to under section 33B. Authorised by the Chief Parliamentary Counsel 164 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6—Mining register

70 Effect of registration (1) A document referred to in section 69(2)(a) (other than one referred to in subparagraph (xiv), (xv) or (xvi)) has no effect until it is registered. (2) A document referred to in section 69(2)(a)(xiv) or (xv) is ineffective for creating, assigning or affecting any interest in or conferred by a licence, or for the devolution of a licence or any interest in or conferred by a licence, until it is registered. (3) A licence, on registration, confers on the licensee a proprietary interest in the land covered by the licence and attaches to the licensee all rights and obligations under the licence. (4) A proprietary interest in land is conferred by a licence only for the purpose of assisting the licensee to exercise the rights and discharge the obligations under the licence. (5) A licence or renewal when registered is not invalid only because of any defect or irregularity (other than one resulting from fraud) in any application or process leading up to the grant or renewal of the licence. S. 70(6) (6) The Department Head must make sure that amended by documents relating to the same licence are No. 82/2000 s. 52(2). registered in the order in which they are lodged. (7) The approval or registration of a document does not give any right, interest or dealing that is evidenced by that document any force or effect that the right, interest or dealing would not have had if this Part had not been enacted. Authorised by the Chief Parliamentary Counsel 165 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6—Mining register

71 Creation etc. of interests in licences A purported creation or assignment of an interest in, or conferred by, a licence, and any purported dealing affecting an interest in, or conferred by, a licence, has no effect until an instrument in an approved form evidencing the creation, assignment or other dealing is registered.

72 Devolution of rights of licensee (1) The devolution of any rights under a licence, or any interest in, or conferred by, a licence, that would, but for this section, occur by operation of law has no effect until an instrument in the approved form evidencing the devolution is registered. (2) Subsection (1) applies despite anything in any Act or rule of law to the contrary.

73 Correction of register S. 73(1) (1) The Department Head may correct any error or amended by No. 82/2000 omission in the register by— s. 52(2). (a) inserting an entry; or (b) amending an entry; or (c) omitting an entry— if he or she decides that the correction is necessary. S. 73(2) (2) The Department Head may make the correction on amended by No. 82/2000 his or her initiative or on the application of any s. 52(2). person. S. 73(3) (3) The Department Head must notify the licensee of amended by No. 82/2000 any correction made under this section that affects s. 52(2). the licence. Authorised by the Chief Parliamentary Counsel 166 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6—Mining register (4) A person whose interests are affected by a S. 73(4) decision of the Department Head to correct the substituted by No. 52/1998 register may apply to the Tribunal for review of s. 311(Sch. 1 the decision. item 64.6), amended by No. 82/2000 s. 52(2). (5) An application for review must be made within S. 73(5) substituted by 28 days after the later of— No. 52/1998 s. 311(Sch. 1 (a) the day on which the decision is made; item 64.6). (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

74 Disclosure of registered information (1) The Department Head must— S. 74(1) amended by No. 82/2000 (a) allow access at all reasonable times to the s. 52(2). register; and (b) provide information from the register; and (c) provide a copy of a registered licence; and S. 74(1)(c) amended by No. 82/2000 s. 52(4). (ca) provide a copy of a registered consent given S. 74(1)(ca) inserted by under section 45; and No. 63/2006 s. 39. (cb) provide a copy of a registered authorisation S. 74(1)(cb) inserted by given under section 46; and No. 63/2006 s. 39. Authorised by the Chief Parliamentary Counsel 167 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6—Mining register S. 74(1)(d) (d) provide a copy of a registered work plan; and inserted by No. 82/2000 s. 52(4). S. 74(1)(e) (e) provide a copy of a registered variation to a inserted by No. 82/2000 work plan— s. 52(4). to any person who pays the prescribed fee. S. 74(1A) (1A) In complying with subsections (1)(d) and (e), the inserted by No. 82/2000 Department Head must exclude from any copy s. 52(5). provided any information that is, in the opinion of the Department Head, of a confidential or commercially sensitive nature. S. 74(2) (2) The Department Head may provide information to amended by No. 82/2000 a prescribed person in connection with— s. 52(2). (a) the establishment of; or (b) the operation of; or (c) the satisfaction of enquiries to— the integrated computerised information retrieval project, relating to information about land, its ownership and use, that is known as Landata. S. 75 75 Survey standards amended by No. 82/2000 s. 52(2). The Department Head may, subject to the regulations, specify standards for surveys and the circumstances in which surveys must be carried out before documents will be registered. S. 76 76 Evidence amended by No. 82/2000 s. 52(2). A certificate in the prescribed form purporting to be issued by the Department Head certifying as to any matter that appears in or can be ascertained from the register or other records kept by the Department Head under this Act is admissible in evidence in any proceedings and, in the absence of Authorised by the Chief Parliamentary Counsel 168 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6—Mining register evidence to the contrary, is proof of the matters stated in the certificate.

77 Offences S. 77 amended by No. 82/2000 A person must not knowingly make, or cause or s. 72(b). allow to be made, a false or unauthorised entry in the register. Penalty: 200 penalty units. Authorised by the Chief Parliamentary Counsel 169 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters Pt 6A (Heading) Part 6A—Extractive industries—Work inserted by No. 6/2009 authorities and other matters s. 20. Pt 6A Div. 1 (Heading) Division 1—Searching for stone inserted by No. 6/2009 s. 20, substituted by No. 68/2014 s. 44. S. 77A 77A Consent to search for stone on certain land inserted by No. 63/2006 s. 40, (1) A person who proposes to search for stone on substituted by Crown land must obtain the consent of the Crown Nos 6/2009 s. 20, 68/2014 land Minister. s. 44. (2) A person who proposes to search for stone on land that is owned by, vested in or managed or controlled by an Authority under the Water Act 1989 must obtain the consent of that Authority. (3) A consent under subsection (1) or (2)— (a) must not be unreasonably withheld; and (b) may be granted subject to conditions. (4) The Crown land Minister whose consent is sought under subsection (1) must, within 60 days (or any longer period allowed by the Crown land Minister) after the consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent. (5) An Authority under the Water Act 1989 whose consent is sought under subsection (2) must, within 60 days after the consent being sought, grant that consent (whether subject to conditions or not) or refuse that consent. (6) An Authority under the Water Act 1989 that does not comply with subsection (5) is taken to have given the consent sought. Authorised by the Chief Parliamentary Counsel 170 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (7) A person or body that refuses to consent must, within 7 days after the decision to refuse, give the person who sought the consent a statement in writing of the reasons for the decision. Note Section 6AA sets out land that is not available for searching for stone.

77B Depth restriction on searching for stone on land S. 77B inserted by adjacent to waterways or water infrastructure No. 6/2009 s. 20, A person must not search for stone at a depth of amended by No. 17/2012 more than 0·75 metres below any land that is s. 92, within 100 metres of— substituted by No. 68/2014 (a) a waterway that is owned by, vested in or s. 44. managed or controlled by an Authority under the Water Act 1989; or (b) any main drains, sewers, aqueducts, channels or pipelines of that Authority— unless the person has first consulted the Authority and searches for stone in compliance with any conditions specified by the Authority.

77C Notice of proposed searching for stone on land on S. 77C inserted by which there are roads etc. No. 6/2009 s. 20, A person who proposes to search for stone on land substituted by No. 68/2014 on which there is a public highway, road or street s. 44. must give 21 days notice of the proposed searching to the person or body having the care or management of the public highway, road or street. * * * * * S. 77D inserted by No. 6/2009 s. 20, repealed by No. 68/2014 s. 44. Authorised by the Chief Parliamentary Counsel 171 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters S. 77E * * * * * inserted by No. 6/2009 s. 20, repealed by No. 68/2014 s. 44. S. 77F * * * * * inserted by No. 6/2009 s. 20, repealed by No. 68/2014 s. 44. Division 2—Work plans and extractive industry work authorities S. 77G 77G Work plan inserted by No. 6/2009 (1) A person who proposes to apply for an extractive s. 20. industry work authority to carry out an extractive industry must lodge a work plan with the Department Head. S. 77G(2) (2) Subsection (1) does not apply to a person who amended by No. 47/2015 proposes to apply for an extractive industry work s. 11. authority to carry out an extractive industry― S. 77G(2)(a) (a) on land that has an area not exceeding substituted by No. 68/2014 5 hectares and at a depth not exceeding s. 45. 5 metres; and (b) that does not require blasting or the clearing of native vegetation― unless the Department Head declares, in writing, that the applicant must lodge a work plan. S. 77G(2A) (2A) A specified work plan that is lodged under inserted by No. 59/2010 subsection (1) must be statutorily endorsed. s. 43. Authorised by the Chief Parliamentary Counsel 172 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (3) A work plan must— S. 77G(3) amended by (a) be appropriate in relation to the nature and No. 55/2010 scale of the extractive industry activities s. 50, substituted by proposed to be carried out; and No. 10/2014 s. 27(1) (as (b) identify the risks that the extractive industry amended by No. 47/2015 activities may pose to the environment, to s. 4). any member of the public, or to land, property or infrastructure in the vicinity of the activities; and (c) specify what the person who proposes to apply for an extractive industry work authority will do to eliminate or minimise those risks as far as reasonably practicable; and (d) include a rehabilitation plan for the land proposed to be covered by the work authority; and (e) include a plan for consulting with the community that demonstrates that the extractive industry authority holder will use appropriate and effective measures to consult with the community throughout the period of the extractive industry work authority and is prepared in accordance with the regulations and any guidelines issued by the Minister relating to such plans (a community engagement plan); and (f) if the extractive industry work authority relates to a declared quarry, contain the prescribed mine stability requirements and processes; and (g) contain any other matters required by the regulations. Authorised by the Chief Parliamentary Counsel 173 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters S. 77G(4) (4) The Department Head must, within 1 month after amended by the work plan is lodged— No. 10/2014 s. 27(2). (a) approve the work plan with or without conditions; or (b) require the changes to the rehabilitation plan or the work plan specified in a notice to the person lodging the plan to be made before the plan will be approved; or (c) refuse to approve the work plan— and notify, and give a statement of reasons for the decision to, the person who lodged the plan. S. 77G(5) (5) The Department Head, within 7 days inserted by No. 1/2020 after approving a work plan relating to the s. 140. carrying out of an extractive industry on land wholly or partly within the levy area, must give the Secretary to the Department of Environment, Land, Water and Planning— (a) written notice of that approval; and (b) a copy of the work plan. S. 77G(6) (6) In this section— inserted by No. 1/2020 s. 140. levy area has the same meaning as in section 3 of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020. S. 77H 77H Application for variation of work plan inserted by No. 6/2009 s. 20, (1) The holder of an extractive industry work amended by authority who— No. 59/2010 s. 44, (a) proposes to vary an approved work plan; or substituted by No. 10/2014 s. 28. Authorised by the Chief Parliamentary Counsel 174 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (b) is directed by the Department Head under S. 77H(1)(b) section 77HA or clause 3A of Schedule 9 to amended by No. 47/2015 lodge an application for approval of a s. 12. variation of a work plan— must lodge an application for approval of the variation with the Department Head. (2) An application for approval of a variation must contain the prescribed information. (3) A proposed specified variation that is the subject of an application must be statutorily endorsed.

77HA Department Head may direct holder to lodge S. 77HA inserted by application for variation of work plan No. 10/2014 s. 28. (1) The Department Head may, on his or her own initiative, determine that an approved work plan be varied. (2) On making a determination, the Department Head must give the holder of the extractive industry work authority written notice of the proposed variation, and the reasons for it, and give the holder an opportunity to comment on the proposal. (3) After considering any comments made by the holder of the work authority, the Department Head may direct the holder to lodge an application for approval of the variation.

77HB Approval of variation of work plan S. 77HB inserted by No. 10/2014 (1) On application by a holder of an extractive s. 28. industry work authority under section 77H(1) or 77KB for approval of the variation of a work plan, the Department Head must, within 28 days after the application is lodged— (a) approve the variation with or without conditions; or Authorised by the Chief Parliamentary Counsel 175 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (b) require the changes specified in a notice to the licensee to be made before the variation will be approved; or (c) refuse to approve the variation. (2) The Department Head must not approve a variation of a work plan unless he or she has consulted the municipal council in whose municipal district the land is situated. (3) Once the Department Head has decided to approve a variation, the approved work plan for the work authority is the work plan as amended by that variation. (4) The Department Head must— (a) notify the holder of the work authority of his or her decision on the application; and (b) give the holder of the work authority a statement of reasons for the decision. S. 77HB(5) (5) The Department Head, within 7 days after inserted by No. 1/2020 approving a variation of a work plan relating to s. 141. the carrying out of an extractive industry on land wholly or partly within the levy area, must give the Secretary to the Department of Environment, Land, Water and Planning— (a) written notice of that approval; and (b) a copy of the work plan as amended by the variation and any previous variations. S. 77HB(6) (6) In this section— inserted by No. 1/2020 s. 141. levy area has the same meaning as in section 3 of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020. Authorised by the Chief Parliamentary Counsel 176 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters

77HC Planning permits not required for some work S. 77HC variations inserted by No. 10/2014 (1) This section applies if— s. 29. (a) an extractive industry work authority holder 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 77T; 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 extractive industry work authority holder is not required to obtain a permit for that work only 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 Department Head approves the variation. (3) If the Minister is not satisfied that the new work will not cause any significant additional environmental impacts, the holder of an extractive industry work authority 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 Authorised by the Chief Parliamentary Counsel 177 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (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 Department Head, substantially complies with any requirements recommended by that assessment. S. 77I 77I Extractive industry work authorities inserted by No. 6/2009 s. 20. (1) A person who proposes to carry out an extractive industry may apply to the Minister for an authority to carry out the extractive industry. (2) The Minister may grant or refuse to grant an authority to a person (who has applied for the authority) to carry out the extractive industry specified in the authority on the land specified in the authority. (3) The Minister must not grant an authority under subsection (2) unless he or she is satisfied that the applicant has— (a) when required under section 77G, a work plan approved under that section; and (b) entered into a rehabilitation bond under section 80; and (c) complied with any relevant planning scheme and obtained any necessary planning permit under that planning scheme; and (d) obtained all necessary consents and other authorities required by or under this or any other Act; and Authorised by the Chief Parliamentary Counsel 178 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (e) in the case of Crown land, obtained the consent of the Crown land Minister— and that the proposed extractive industry will, if carried out in accordance with the extractive industry work authority, comply with any relevant planning scheme. (4) The Crown land Minister may consent to the carrying out of an extractive industry on Crown land― (a) for an unlimited period or for a specified period; and (b) unconditionally or subject to any specified conditions. (5) An extractive industry work authority must describe the land in respect of which the work authority is granted. (6) The grant of an extractive industry work authority under this section does not confer a right on the holder of the authority to enter any land without the consent of the owner of the land. Note Note to s. 77I inserted by The granting of an authority under this section may be a land use No. 62/2010 activity under the Traditional Owner Settlement Act 2010 if it s. 140(2). relates to public land to which a land use activity agreement under that Act applies.

77J Conditions of extractive industry work authorities S. 77J inserted by No. 6/2009 (1) The Minister may impose conditions to which an s. 20. extractive industry work authority is to be subject, including but not limited to conditions about— (a) the rehabilitation of the land to a safe, stable and visually acceptable condition; (b) the time when rehabilitation work must be commenced or completed; Authorised by the Chief Parliamentary Counsel 179 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters S. 77J(1)(c) (c) elimination and minimisation of the risks substituted by that the work may pose to the environment, No. 47/2015 s. 13(1). to any member of the public, or to land, property or infrastructure in the vicinity of the work; S. 77J(1)(d) * * * * * repealed by No. 47/2015 s. 13(2). (e) the protection of groundwater; S. 77J(1)(f) * * * * * amended by No. 55/2010 s. 51, repealed by No. 47/2015 s. 13(2). (g) the payment of royalties; (h) the payment of fees (if any) prescribed in the regulations. (2) If, by the operation of section 77G(2), a person carrying out an extractive industry is not required to have a work plan, the Minister may impose a condition requiring compliance with a Code of Practice on the extractive industry work authority for that extractive industry operation. S. 77J(3) (3) Following consultation with the holder of the inserted by No. 47/2015 extractive industry work authority, the Minister s. 13(3). may by notice in writing require, as a condition to which an extractive industry work authority is subject, that the holder— (a) submit to the Minister a report on work undertaken under the extractive industry work authority; and (b) publish that report. Authorised by the Chief Parliamentary Counsel 180 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (4) A notice under subsection (3) must specify— S. 77J(4) inserted by (a) the work undertaken under the extractive No. 47/2015 industry work authority on which the holder s. 13(3). must report; and (b) the manner in which the holder must submit the report to the Minister; and (c) the manner in which the holder must publish the report; and (d) the dates by which the report must be submitted and published.

77K Extractive industry work authority holder's duty to S. 77K inserted by consult with community No. 6/2009 s. 20. The holder of an extractive industry work authority has a duty to consult with the community throughout the period of the work authority by— (a) sharing with the community information about any activities authorised by the work authority that may affect the community; and (b) giving members of the community a reasonable opportunity to express their views about those activities.

77KA Chief Inspector to be notified of reportable events in S. 77KA inserted by relation to quarries No. 55/2010 s. 52. (1) The holder of an extractive industry work authority who carries out an extractive industry at a quarry must report to the Chief Inspector in accordance with the regulations a reportable event at the quarry as soon as practicable after the reportable event occurs. (2) In this section, reportable event means an event prescribed as a reportable event for the purposes of this section. Authorised by the Chief Parliamentary Counsel 181 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters S. 77KB 77KB Variation application must be made if quarry is inserted by declared No. 55/2010 s. 52. (1) If the Minister declares by Order under section 7C that a specified quarry is a declared quarry, the holder of an extractive industry work authority in respect of the declared quarry, within 60 days after the declaration, must make an application to vary the approved work plan in respect of the declared quarry. (2) The application must contain the prescribed quarry stability information. S. 77KB(3) (3) Section 77H(2) and (3) apply to an application amended by No. 10/2014 lodged under this section. s. 30. S. 77L 77L Period of extractive industry work authority inserted by No. 6/2009 s. 20. An extractive industry work authority remains in force for the period for which the carrying out of an extractive industry is permitted on the land under the relevant planning scheme or a planning permit unless— (a) the work authority is sooner cancelled; or (b) in the case of Crown land, the Crown land Minister's consent is revoked, lapses or otherwise ceases to have effect; or (c) it is varied under section 77M. S. 77M 77M Variation of an extractive industry work authority inserted by No. 6/2009 s. 20. (1) The Minister may, by instrument served on the holder of the extractive industry work authority, vary the work authority, or vary, suspend or revoke a condition of the extractive industry work authority or add a new condition. Authorised by the Chief Parliamentary Counsel 182 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (2) The Minister may act under subsection (1)— (a) at the request of the holder of the work authority; or (b) if the Minister decides it is necessary for the S. 77M(2)(b) amended by rehabilitation or stabilisation of the land to No. 47/2015 which the extractive industry work authority s. 14(1). applies; or (c) if the Minister decides it is necessary to S. 77M(2)(c) amended by eliminate or minimise the risks that the work No. 55/2010 may pose to the environment, to any member s. 53, substituted by of the public, or to land, property or No. 47/2015 infrastructure in the vicinity of the work. s. 14(2). (3) The Minister must not act under subsection (1) unless he or she has consulted with the holder of the extractive industry work authority and the municipal council in whose municipal district the land is situated.

77N Transfer of an extractive industry work authority S. 77N inserted by No. 6/2009 (1) The holder of an extractive industry work s. 20. authority may, with the consent in writing of the Minister, transfer that work authority to another person. (2) The Minister must consent to the transfer of an extractive industry work authority if— (a) the person to whom the extractive industry work authority is to be transferred has entered into a rehabilitation bond for an amount determined by the Minister; and (b) in the case of an existing extractive industry S. 77N(2)(b) amended by work authority holder who has a work plan, No. 68/2014 the Minister is satisfied that the work plan s. 46(1). relating to the extractive industry work authority is adequate. Authorised by the Chief Parliamentary Counsel 183 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters S. 77N(3) (3) If the existing extractive industry work authority amended by holder has a work plan and the Minister is not No. 68/2014 s. 46(2). satisfied that the work plan relating to the extractive industry work authority is adequate, the Minister may consent to the transfer of the extractive industry work authority subject to the person to whom the extractive industry work authority is to be transferred being required to submit a new work plan for approval by the Department Head within the time specified by the Minister. S. 77O 77O Cancellation of an extractive industry work inserted by No. 6/2009 authority s. 20. (1) The Minister may cancel an extractive industry work authority by instrument served on the holder of the work authority if at the end of 28 days the Minister is satisfied that the holder— (a) has not substantially complied with— (i) this Act or the regulations; or (ii) any condition to which the authority is subject; or (iii) a condition of a work plan under section 77G; or S. 77O (iv) a condition on the approval of a (1)(a)(iv) amended by variation of a work plan under No. 10/2014 section 77HB; or s. 31. (v) any relevant planning scheme or planning permit; or (b) has endangered an employee or a member of the public on or near land to which the extractive industry work authority applies; or (c) has undertaken work on the land other than in accordance with the work plan. Authorised by the Chief Parliamentary Counsel 184 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (2) Before cancelling an extractive industry work authority under subsection (1), the Minister must give the holder of the work authority 28 days written notice of his or her intention to cancel and, in the notice, request the holder to provide reasons why the work authority should not be cancelled.

77OA Surrender of an extractive industry work authority S. 77OA inserted by No. 6/8/2014 The holder of an extractive industry work s. 47. authority may, with the consent of the Minister, surrender the authority by notice in writing. * * * * * S. 77P inserted by No. 6/2009 s. 20, repealed by No. 10/2014 s. 32. Division 3—Managers

77Q Manager must be appointed S. 77Q inserted by (1) The holder of an extractive industry work No. 6/2009 authority must not carry out any extractive s. 20. industry unless the holder has appointed a quarry manager or a person to manage the extractive industry operation. Penalty: 50 penalty units. (2) A person must not operate a quarry unless the person has appointed a quarry manager to manage the quarry. Penalty: 50 penalty units. (3) The holder of an extractive industry work authority or the operator of a quarry may appoint himself or herself to be the quarry manager or person to manage the extractive industry operation. Authorised by the Chief Parliamentary Counsel 185 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters Division 4—Planning requirements S. 77R 77R Powers to amend planning scheme inserted by No. 6/2009 (1) In addition to any other power to prepare, adopt or s. 20. approve amendments to planning schemes, the Minister administering the Planning and Environment Act 1987 may prepare, adopt and approve amendments to any planning scheme to— (a) set out policies relating to extractive industries; or (b) enable the carrying out of an extractive industry on land with a planning permit; or (c) specify the Minister administering this Act or any other person or body as a referral authority for any application for a planning permit to carry out an extractive industry. (2) The Planning and Environment Act 1987 (except section 12(2), Divisions 1 and 2 of Part 3 and section 39(1) to (5) and any regulations made for the purposes of those provisions) applies to the preparation, adoption and approval of an amendment under subsection (1). (3) Section 39(7) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under subsection (1) as if before "Division 1" there were inserted "section 12(1) or". (4) Section 39(8) of the Planning and Environment Act 1987 applies to an amendment prepared, adopted or approved under subsection (1) as if— (a) the expression "Except for an application under this section," were omitted; and (b) before "Division 1" there were inserted "section 12(1) or". Authorised by the Chief Parliamentary Counsel 186 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters (5) Nothing in this section prevents either House of Parliament exercising its power under section 38 of the Planning and Environment Act 1987.

77S Land subject to a licence under Part 2 S. 77S inserted by No. 6/2009 s. 20. (1) A person who applies for an extractive industry S. 77S(1) substituted by work authority in respect of land which is the No. 68/2014 subject of a licence under Part 2 must, on the same s. 48(1). day that the applicant lodges the application— (a) send a copy of the application to any holder of a licence under Part 2 relating to the land or any part of the land to which the application applies; and (b) send a notice to any holder of a licence referred to in paragraph (a) seeking consent to the granting of the extractive industry work authority. (2) The applicant for an extractive industry work authority over land in respect of which there is a licence under Part 2 must forward to the Minister— (a) a copy of any consent to the granting of an extractive industry work authority that the licensee has given to the applicant; and (b) if the licence is an exploration licence, and S. 77S(2)(b) amended by the licensee is withholding consent to the No. 68/2014 granting of an extractive industry work s. 48(2). authority, evidence that the applicant has given the licensee a copy of the application under subsection (1)(a) and a notice seeking consent under subsection (1)(b). Authorised by the Chief Parliamentary Counsel 187 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6A—Extractive industries—Work authorities and other matters S. 77S(3) (3) If land that is the subject of an application for an amended by extractive industry work authority is also the No. 53/2011 s. 6(b) (as subject of a licence under Part 2, the Minister amended by must not grant an extractive industry work No. 43/2012 s. 3(Sch. authority over the land unless— item 43)). (a) the Minister is satisfied that the licensee has consented to the granting of an extractive industry work authority; or (b) if the licence is an exploration licence and the licensee is withholding consent, the Minister is satisfied that the licensee is unreasonably withholding consent. S. 77T 77T Environment Effects Statement inserted by No. 6/2009 s. 20. If under a planning scheme a permit is required to be obtained for carrying out an extractive industry on the land covered by an extractive industry work authority in accordance with that work authority, the holder of the work authority is not required to obtain a permit if— (a) an Environment Effects Statement has been prepared under the Environment Effects Act 1978 on the work proposed to be done under the work authority; and (b) an assessment of that Statement by the Minister administering the Environment Effects Act 1978 has been submitted to the Minister; and (c) the work authority was granted by the Minister following the Minister's consideration of that assessment. Authorised by the Chief Parliamentary Counsel 188 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6B—Statutory endorsement of work plans Part 6B—Statutory endorsement Pt 6B (Heading and of work plans ss 77TA– 77TH) inserted by No. 59/2010 s. 45.

77TA Definitions S. 77TA inserted by No. 59/2010 In this Part— s. 45. referral authority means— S. 77TA def. of referral authority (a) in the case of a work plan, or a substituted by variation of an approved work plan, for No. 39/2018 s. 24. work proposed to be done under an extractive industry work authority, a person or body that has been specified in a planning scheme under the Planning and Environment Act 1987 as a referral authority under that Act; and (b) in the case of a work plan, or a variation of an approved work plan, for mining work proposed to be done under a mining licence— (i) the Environment Protection Authority under the Environment Protection Act 2017; and (ii) any other person or body referred to in paragraph (a); statutory endorsement means an endorsement of a work plan or a variation to an approved work plan under section 77TD.

77TB Application of Part S. 77TB inserted by No. 59/2010 This Part applies to— s. 45. (a) a work plan for work in respect of which a planning permit under the Planning and Environment Act 1987 is required; or Authorised by the Chief Parliamentary Counsel 189 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6B—Statutory endorsement of work plans (b) a variation of an approved work plan for a variation to work— (i) that is being carried out in accordance with the approved work plan; and (ii) in respect of which a planning permit under the Planning and Environment Act 1987 is required. S. 77TC 77TC Giving of work plan or variation to approved work inserted by No. 59/2010 plan for statutory endorsement s. 45, amended by A licensee, a holder of an extractive industry work No. 64/2012 s. 37. authority or a person who proposes to apply for an extractive industry work authority may, as the case requires, give to the Department Head, for statutory endorsement, a work plan or a variation to an approved work plan. S. 77TD 77TD Department Head may endorse work plan or inserted by No. 59/2010 variation to approved work plan s. 45. S. 77TD(1) (1) Subject to this Part, on receiving a work plan or a substituted by No. 10/2014 variation to an approved work plan, the s. 33(1). Department Head must, by written notice within 28 days— (a) ask for changes to be made to the work plan or variation to an approved work plan; or (b) endorse or refuse to endorse the work plan or variation to an approved work plan; or S. 77TD(1)(c) (c) give a copy of the work plan or variation to substituted by No. 39/2018 an approved work plan— s. 25. (i) to each relevant referral authority in accordance with section 77TE(1); and (ii) in the case of a work plan (or a variation of an approved work plan) for mining work proposed to be done under a mining licence, to the Environment Authorised by the Chief Parliamentary Counsel 190 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6B—Statutory endorsement of work plans Protection Authority under the Environment Protection Act 2017 and each other relevant referral authority in accordance with section 77TE(1A). (1A) If the Department Head asks for changes to be S. 77TD(1A) inserted by made to the work plan or variation to an approved No. 10/2014 work plan, the licensee, holder of an extractive s. 33(2). industry work authority or person proposing to apply for an extractive industry work authority must, in accordance with section 77TC, give to the Department Head, for statutory endorsement, a work plan or variation to an approved work plan that includes those changes. (2) The Department Head must not make a decision under subsection (1) that is inconsistent with anything that a referral authority tells the Department Head, or any comments the referral authority gives to the Department Head, under section 77TF. (3) The Department Head may, in a statutory S. 77TD(3) substituted by endorsement, specify that certain conditions must No. 64/2012 be observed in carrying out an approved work s. 38(1). plan by— (a) the licensee; or (b) the holder of an extractive industry work authority; or (c) a person who proposes to apply under section 77I for an extractive industry work authority if he or she is subsequently granted the authority by the Minister. (4) In the case of a statutory endorsement of a variation to an approved work plan, the conditions specified under subsection (3) may include— (a) in the case of variation to an approved work plan for work under a licence, any of the matters set out in section 26(2); Authorised by the Chief Parliamentary Counsel 191 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6B—Statutory endorsement of work plans (b) in the case of variation to an approved work plan for work under an extractive industry work authority, any of the matters set out in section 77J(1). S. 77TD(5) (5) The Department Head must, as the case requires, amended by No. 64/2012 give the licensee, holder of an extractive industry s. 38(2) (as work authority or person proposing to apply for an amended by No. 70/2013 extractive industry work authority who gave the s. 3(Sch.1 work plan or the variation to an approved work item 47.2)). plan, his or her statement of reasons for his or her decision under this section. S. 77TE 77TE Department Head must give work plan or variation inserted by No. 59/2010 application to referral authority s. 45. S. 77TE(1) (1) On receiving a work plan or a variation to an amended by No. 10/2014 approved work plan, the Department Head must, s. 34(1). within 28 days, give a copy of the work plan or variation to an approved work plan to every referral authority that the Department Head considers, having regard to the kind of work proposed under the work plan or variation, should be given the work plan or variation. S. 77TE(1A) (1A) In the case of a work plan (or a variation of an inserted by No. 39/2018 approved work plan) for mining work proposed to s. 26(1). be done under a mining licence, in addition to complying with the requirement set out in subsection (1), the Department Head must give a copy of the work plan or variation to the Environment Protection Authority under the Environment Protection Act 2017 within 28 days after receiving the work plan or variation of an approved work plan. S. 77TE(2) (2) Before complying with subsection (1) or (1A), the amended by No. 39/2018 Department Head must be satisfied that the work s. 26(2). plan or the variation to an approved work plan complies with the regulations. Authorised by the Chief Parliamentary Counsel 192 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6B—Statutory endorsement of work plans (3) If the Department Head gives a copy of the work S. 77TE(3) plan or variation to an approved work plan to a inserted by No. 10/2014 referral authority, the Department Head must, by s. 34(2). written notice, endorse or refuse to endorse the work plan or the variation to the approved work plan— (a) within 28 days of being told by a referral authority that it objects or does not object to the endorsement of the work plan or variation of the work plan; or (b) within 28 days of the expiry of the time specified in section 77TF(2).

77TF Referral authority must consider work plan and S. 77TF inserted by variation of approved work plan No. 59/2010 s. 45. (1) A referral authority must consider every work plan and variation to an approved work plan given to it and must— (a) tell the Department Head in writing that— (i) it does not object to the endorsement of the work plan or variation to the approved work plan; (ii) it does not object to the statutory endorsement of the work plan or variation to the approved work plan if the work plan or variation is subject to conditions in the statutory endorsement; or (iii) it objects to the statutory endorsement of the work plan or variation to the approved work plan on any specified ground; and (b) give the Department Head its comments (if any) in relation to the work plan and variation to an approved work plan, as the case requires. Authorised by the Chief Parliamentary Counsel 193 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6B—Statutory endorsement of work plans (2) A referral authority must comply with subsection (1) within 30 days after being given the work plan or variation to an approved work plan, as the case requires. (3) If a referral authority does not comply with subsection (1) within the time specified under subsection (2), the referral authority is taken to have not objected to the statutory endorsement of the work plan or variation of the approved work plan. S. 77TG 77TG Interrelationship with the Planning and inserted by No. 59/2010 Environment Act 1987 s. 45. (1) Despite anything to the contrary in the Planning and Environment Act 1987, section 55(1) of that Act does not apply to those parts of an application referred to in that section that consist of a work plan or a variation to an approved work plan given to a referral authority under section 77TE. (2) However, for the purposes of subsection (1), a referral authority does not include the Department Head or Department (as the case requires). S. 77TH * * * * * inserted by No. 59/2010 s. 45, amended by No. 64/2012 s. 39, repealed by No. 10/2014 s. 35. Authorised by the Chief Parliamentary Counsel 194 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6C—Review Part 6C—Review Pt 6C (Heading and ss 77TI, 77TJ) inserted by No. 10/2014 s. 36.

77TI Review by Tribunal S. 77TI inserted by No. 10/2014 (1) A licensee or the holder of an extractive industry s. 36. work authority may apply to the Tribunal for review of— (a) a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to refuse to approve a work plan or a variation of an approved work plan; or (b) a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to approve a work plan or the variation of an approved work plan with conditions. (2) The holder of an extractive industry work authority may apply to the Tribunal for review of— (a) a decision of the Minister to impose a condition on the extractive industry work authority under section 77J; or (b) a decision of the Minister to vary a condition of the extractive industry work authority under section 77M or impose a new condition under that section; or (c) a decision of the Minister under section 77N to impose a new condition on the extractive industry work authority that the Minister has consented to be transferred to another person under that section. Authorised by the Chief Parliamentary Counsel 195 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6C—Review (3) A licensee, the holder of an extractive industry work authority or a person proposing to apply for an extractive industry work authority may apply to the Tribunal for review of— (a) a decision of the Department Head under section 77TD to refuse to statutorily endorse a work plan or variation to an approved work plan; or (b) a decision of the Department Head under section 77TD to statutorily endorse a work plan or variation to an approved work plan with conditions. (4) The former holder of an extractive industry work authority may apply to the Tribunal for review of a decision of the Minister to cancel the work authority under section 77O. (5) Subsections (1) and (3) do not apply to a condition that has been imposed on an approval of a work plan or of a variation of a work plan if— (a) the condition is substantially the same as a condition of the relevant planning scheme or a planning permit for the carrying out of the extractive industry; or (b) a decision to impose the condition has already been the subject of review by the Tribunal. S. 77TJ 77TJ Application for review inserted by No. 10/2014 s. 36. An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or Authorised by the Chief Parliamentary Counsel 196 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 6C—Review (b) either— (i) the day on which the statement of reasons for the decision is given under section 40A, 41AAB, 77G, 77HB or 77TD to the person entitled to apply for review; or (ii) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person entitled to apply for review requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Authorised by the Chief Parliamentary Counsel 197 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation New Pt 7 (Heading) Part 7―Rehabilitation inserted by No. 6/2009 s. 20. S. 77U 77U Definitions inserted by No. 6/2009 s. 20. In this Part— S. 77U def. of auditor means an environmental auditor within auditor amended by the meaning of the Environment Protection No. 39/2018 Act 2017; s. 44(2). S. 77U def. of authority authority means― amended by Nos 55/2010 (a) an exploration licence, a mining s. 56(1), licence, a prospecting licence or a 10/2014 s. 37. retention licence under Part 2; or * * * * * (c) an extractive industry work authority; authority holder means the holder of an authority.

78 Licensee must rehabilitate land S. 78(1) (1) The holder of a mining licence or prospecting amended by Nos 76/1998 licence must rehabilitate land in accordance with s. 31(h), the rehabilitation plan approved by the 59/2010 s. 27(1). Department Head. S. 78(2) (2) The holder of an exploration licence or retention amended by Nos 86/1993 licence must rehabilitate land in accordance with s. 30(1), the conditions in the licence. 59/2010 s. 27(2). S. 78(3) * * * * * repealed by No. 86/1993 s. 30(2). (4) The owner of land may request the licensee to enter into a written agreement as to the rehabilitation plan. Authorised by the Chief Parliamentary Counsel 198 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation

78A Holder of extractive industry work authority must S. 78A rehabilitate land inserted by No. 6/2009 (1) The holder of an extractive industry work s. 21. authority must rehabilitate land in accordance with the rehabilitation plan approved by the Department Head. (2) The holder of an extractive industry work authority must rehabilitate land in accordance with the conditions in the authority.

79 Rehabilitation plan A rehabilitation plan must— (a) take into account— (i) any special characteristics of the land; and (ii) the surrounding environment; and (iii) the need to stabilise the land; and (iv) the desirability or otherwise of S. 79(a)(iv) amended by returning agricultural land to a state that Nos 6/2009 is as close as is reasonably possible to s. 22(1), 68/2014 its state before the mining licence, s. 49(a). prospecting licence or extractive industry work authority was granted; and (v) any potential long term degradation of S. 79(a)(v) inserted by the environment; and No. 82/2000 s. 53. (b) be prepared by— S. 79(b) amended by 76/1998 (i) the applicant for the extractive industry s. 31(i), work authority after consultation with substituted by No. 6/2009 the owner of the land, if the land is s. 22(2). private land; or Authorised by the Chief Parliamentary Counsel 199 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation S. 79(b)(ii) (ii) the licensee after consultation with the amended by owner of the land, if the land is private No. 68/2014 s. 49(b). land and the licence is a mining licence or prospecting licence. S. 79A 79A Rehabilitation liability assessment inserted by No. 63/2006 s. 41. S. 79A(1) (1) The Minister may require an authority holder to amended by Nos 6/2009 undertake an assessment of the authority holder's s. 23(1), rehabilitation liability under section 78 or 78A 59/2010 s. 51. (a rehabilitation liability assessment) for the purpose of determining the amount of a rehabilitation bond or reviewing the amount of a rehabilitation bond entered into or to be entered into by the authority holder. (2) A rehabilitation liability assessment must— (a) be undertaken in a manner and form determined by the Minister; and S. 79A(2)(b) (b) take into account works required to be amended by No. 6/2009 undertaken to rehabilitate the land in s. 23(2). accordance with the requirements of section 78 or 78A (as the case may be). S. 79A(3) (3) The Minister may require an authority holder to amended by No. 6/2009 engage an auditor to certify that a rehabilitation s. 23(3). liability assessment has been prepared in accordance with subsection (2) and that it is accurate. (4) An auditor who has given a certification under subsection (3) must forward a copy of the certificate to the Minister within 21 days after giving that certification. Authorised by the Chief Parliamentary Counsel 200 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation

80 Rehabilitation bond (1) A licensee or an applicant for an extractive S. 80(1) amended by industry work authority must enter into a No. 6/2009 rehabilitation bond for an amount determined by s. 24(1). the Minister. (2) If land covered by a mining licence or prospecting S. 80(2) amended by licence is private land, the Minister must, before No. 76/1998 determining the amount of a rehabilitation bond, s. 31(j)(i), substituted by consult with— No. 63/2006 s. 42, (a) the council in whose municipal district the amended by No. 68/2014 land is situated; and s. 50(a). (b) the owner of the land. (2A) If the land that is proposed to be covered by an S. 80(2A) inserted by extractive industry work authority is private land, No. 6/2009 the Minister must, before determining the amount s. 24(2). of a rehabilitation bond, consult with the council in whose municipal district the land is situated. (3) The condition of a rehabilitation bond is that the S. 80(3) amended by authority holder rehabilitates the land as required Nos 76/1998 by section 78 or 78A to the satisfaction of the s. 31(j)(ii), 6/2009 Minister. s. 24(3). (4) The Minister may, at any time after a S. 80(4) amended by rehabilitation bond is entered into and after Nos 6/2009 consultation with the authority holder, by notice s. 24(4)(b), 29/2011 served on the authority holder require the s. 3(Sch. 1 authority holder to enter into a further item 60.1), 10/2014 rehabilitation bond within 28 days after service of s. 38(1). that notice, or by a later date specified in the notice, for an amount determined by the Minister if he or she is of the opinion that the amount of the bond already entered into is insufficient. Authorised by the Chief Parliamentary Counsel 201 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation S. 80(4A) (4A) An authority holder must comply with a inserted by requirement to enter into a further rehabilitation No. 10/2014 s. 38(2). bond under subsection (4). Penalty: In the case of a corporation, 200 penalty units In any other case, 40 penalty units. S. 80(5) (5) The Minister may serve on an authority holder amended by Nos 6/2009 who has not complied with a requirement under s. 24(5), subsection (4) within 28 days after service of 29/2011 s. 3(Sch. 1 notice of the requirement, a notice prohibiting the item 60.2), authority holder from doing any work until the 10/2014 s. 38(3). authority holder has entered into the further rehabilitation bond. S. 80(6) (6) An authority holder must comply with a notice amended by Nos 82/2000 under subsection (5) 8. s. 54(1), 68/2014 Penalty: In the case of a corporation, s. 50(b). 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. S. 81 81 Rehabilitation amended by Nos 82/2000 s. 54(2), 63/2006 s. 43 (ILA s. 39B(1)). S. 81(1) (1) The authority holder must rehabilitate land in the amended by No. 6/2009 course of doing work under the authority and s. 25(1)(a). must, as far as practicable, complete the rehabilitation of the land before the authority or any renewed authority ceases to apply to that land. Authorised by the Chief Parliamentary Counsel 202 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation (2) If the rehabilitation has not been completed before S. 81(2) the authority or renewed authority ceases to apply inserted by No. 63/2006 to the land the former authority holder must s. 43, complete it as expeditiously as possible. amended by No. 6/2009 s. 25(1)(b). (3) While the rehabilitation is being completed, a S. 81(3) inserted by former authority holder must continue the No. 63/2006 appointment of— s. 43, substituted by No. 6/2009 (a) in the case of a former licensee, a manager to s. 25(2). control and manage the former licence worksite; and (b) in the case of a former extractive industry work authority holder, a quarry manager or person to manage the site where the extractive industry operation was carried out. Penalty: 20 penalty units.

81A Certification that land has been rehabilitated S. 81A inserted by No. 63/2006 s. 44. (1) The Minister may require that an authority holder S. 81A(1) amended by or a former authority holder engage an auditor to No. 6/2009 certify that land has been rehabilitated as required s. 26. by section 78 for the purpose of deciding whether to return any rehabilitation bond under section 82. (2) An auditor who has given a certification under subsection (1) must forward a copy of the certificate to the Minister within 21 days after giving that certification.

82 Return of bond if rehabilitation satisfactory (1) The Minister must return the bond or bonds to the S. 82(1) amended by authority holder or former authority holder as Nos 76/1998 soon as possible if the Minister is satisfied— s. 31(k), 6/2009 s. 27(a). Authorised by the Chief Parliamentary Counsel 203 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation S. 82(1)(a) (a) that the land has been rehabilitated as amended by required by section 78 or 78A (as the case No. 6/2009 s. 27(b). may be); and S. 82(1)(b) (b) that the rehabilitation is likely to be amended by No. 32/2019 successful; and s. 9(1)(a). S. 82(1)(c) (c) in the case that the land or any part of the inserted by No. 32/2019 land is declared mine land, that the closure s. 9(1)(b). criteria that apply to the declared mine land have been met. S. 82(2) (2) If the land is private land the Minister must not amended by Nos 6/2009 return the bond or bonds to the holder or former s. 27(c), holder of a mining licence or prospecting licence 68/2014 s. 51. or the holder or former holder of an extractive industry work authority until after the owner of the land and the council in whose municipal district the land is situated have been consulted. S. 82(3) (3) The Minister may, as a condition of returning a inserted by No. 82/2000 bond or bonds to an authority holder or a former s. 55, authority holder, require that holder to enter a amended by Nos 6/2009 further rehabilitation bond if— s. 27(d), 29/2011 (a) any land or part of the land to which the s. 3(Sch. 1 item 60.3), bond relates has not been rehabilitated, or substituted by requires further rehabilitation; or No. 32/2019 s. 9(2). (b) in the case that the land or any part of the land to which the bond relates is declared mine land, it has not been rehabilitated, or requires further rehabilitation in accordance with the declared mine rehabilitation plan that applies to it. Authorised by the Chief Parliamentary Counsel 204 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation

83 Minister may carry out rehabilitation (1) The Minister may take any necessary action to rehabilitate land if he or she— (a) is not satisfied that the land has been S. 83(1)(a) amended by rehabilitated as required by section 78 No. 6/2009 or 78A (as the case may be); or s. 28(a). (ab) in the case that the land or any part of the S. 83(1)(ab) inserted by land is declared mine land, is not satisfied No. 32/2019 that the land has been rehabilitated; or s. 10. (ac) in the case that the land or any part of the S. 83(1)(ac) inserted by land is declared mine land, is satisfied that No. 32/2019 the declared mine land requires further s. 10. rehabilitation in accordance with the declared mine rehabilitation plan that applies to it; or (b) is satisfied that further rehabilitation of the land is necessary; or (c) is requested to do so by the owner of the land. (2) The Minister must, if he or she refuses to act on a request under subsection (1)(c), inform the owner of the land of the reasons for that refusal. (3) The Minister may only take action under S. 83(3) amended by subsection (1) if he or she has requested the No. 6/2009 authority holder or former authority holder to s. 28(b). rehabilitate the land and the authority holder or former authority holder has failed to do so within a reasonable period after the request. (4) The Minister may recover as a debt due to the Crown in a court of competent jurisdiction any amount by which the cost incurred under subsection (1) exceeds the amount of the bond or bonds. Authorised by the Chief Parliamentary Counsel 205 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7―Rehabilitation S. 83(5) (5) The Minister must, if satisfied that no further amended by rehabilitation of the land is likely to be necessary, No. 6/2009 s. 28(c). return to the authority holder or former authority holder as soon as possible any balance of the bond or bonds after any cost incurred under subsection (1) is deducted. S. 83(6) (6) In making a decision under subsection (5), the substituted by No. 82/2000 Minister must take into account the possibility that s. 56, some of the damage caused to the land by the amended by No. 6/2009 authorised activities may not become evident for s. 28(d). some time. S. 83A 83A Payment of bond into Declared Mine Fund on inserted by No. 32/2019 cancellation of licence s. 11. If the Minister cancels a mining licence relating to declared mine land of an authority holder who has not complied with a declared mine rehabilitation plan, the balance of a rehabilitation bond or bonds may be paid into the Declared Mine Fund.

84 Payment out of Consolidated Fund Any money required by the Minister under this Part is payable out of the Consolidated Fund, which is appropriated to the necessary extent. Authorised by the Chief Parliamentary Counsel 206 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority Part 7A—Mine Land Rehabilitation Pt 7A (Heading) Authority substituted by No. 32/2019 s. 12. Pt 7A (Headings and ss 84AA– 84AZL) inserted by No. 22/2017 s. 5. Division 1—Preliminary

84AA Definitions S. 84AA inserted by In this Part— No. 22/2017 s. 5. annual report means a report prepared under section 84AZH; authorised officer means a person authorised under section 84AU; Board means the Board of the Rehabilitation S. 84AA def. of Board Authority established under section 84AD; inserted by No. 32/2019 s. 13(a). * * * * * S. 84AA def. of framework repealed by No. 22/2017 s. 6(1)(a). Latrobe Valley licensee means the holder or the former holder of— (a) the mining licence No. 5003; or (b) the mining licence No. 5004; or (c) the mining licence No. 5189; or (d) the mining licence No. 5216; or (e) the mining licence No. 5304; Authorised by the Chief Parliamentary Counsel 207 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority S. 84AA monitoring framework means the framework def. of published under section 84AZD; monitoring framework inserted by No. 22/2017 s. 6(1)(b). public sector body has the meaning given by section 84AB; public sector employee means a person employed in the Department under Part 3 of the Public Administration Act 2004; referral investigation means an investigation commenced by the referral of a matter under section 84AQ; referral report means a report published under section 84AZG; regulatory framework has the meaning given by section 84AC; S. 84AA rehabilitation planning activity means an activity def. of rehabilitation carried out by a public sector body or a planning declared mine licensee to plan in relation to activity amended by the rehabilitation of declared mine land No. 32/2019 including— s. 13(b)(c). (a) the preparation of a research plan; or (b) the carrying out of research; or (c) the carrying out of a technical investigation; or (d) the carrying out of a rehabilitation trial; or (e) the preparation of a declared mine rehabilitation plan. Authorised by the Chief Parliamentary Counsel 208 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority

84AB Meaning of public sector body S. 84AB inserted by For the purposes of this Part, a public sector body No. 22/2017 is one of the following entities— s. 5. (a) the Department Head of the Department of S. 84AB(a) substituted by Transport; No. 49/2019 s. 186(Sch. 4 item 29.2(a)). (ab) the Department Head of the Department of S. 84AB(ab) inserted by Jobs, Precincts and Regions; No. 49/2019 s. 186(Sch. 4 item 29.2(a)). (b) the Department Head of the Department of Environment, Land, Water and Planning; (c) the Environment Protection Authority under S. 84AB(c) amended by the Environment Protection Act 2017; No. 39/2018 s. 27. (d) the Victorian WorkCover Authority under the Workplace Injury Rehabilitation and Compensation Act 2013; (e) a responsible authority within the meaning of the Planning and Environment Act 1987 that performs functions under that Act in the Latrobe Valley region; (f) an Authority within the meaning of the Water Act 1989 that performs functions under that Act in the Latrobe Valley region; (g) the Aboriginal Heritage Council under the Aboriginal Heritage Act 2006; (h) the Victorian Rail Track under the Transport Integration Act 2010; (i) the V/Line Corporation under the Transport Integration Act 2010; Authorised by the Chief Parliamentary Counsel 209 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority S. 84AB(j) (j) the Head, Transport for Victoria; amended by No. 49/2019 s. 186(Sch. 4 item 29.2(b)). (k) a public sector body (within the meaning of the Public Administration Act 2004) that is prescribed. S. 84AC 84AC Meaning of regulatory framework inserted by No. 22/2017 s. 5. For the purposes of this Part, the regulatory framework is— S. 84AC(a) (a) the provisions of this Act or any regulations amended by No. 32/2019 made under this Act or any instrument made s. 14. under this Act that apply to the rehabilitation of and the activities carried out on declared mine land; and (b) an approval, authority or permission given, granted or issued under another Act relating to activities— S. 84AC(b)(i) (i) carried out on declared mine land; and amended by No. 32/2019 s. 14. (ii) to which a rehabilitation plan applies. Pt 7A Div. 2 (Heading and Division 2—Establishment of Rehabilitation ss 84AD– 84AK) Authority and the Board inserted by No. 22/2017 s. 5, substituted as Pt 7A Div. 2 (Heading and ss 84AD– 84AKD) by No. 32/2019 s. 15. S. 84AD 84AD Mine Land Rehabilitation Authority substituted by No. 32/2019 s. 15. (1) The Mine Land Rehabilitation Authority is established. Authorised by the Chief Parliamentary Counsel 210 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (2) The Rehabilitation Authority— (a) is a body corporate with perpetual succession; and (b) may sue and be sued; and (c) may acquire, hold and dispose of real and personal property; and (d) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The official seal of the Rehabilitation Authority must be kept as directed by the Rehabilitation Authority and must not be used except as authorised by the Rehabilitation Authority.

84AE Objectives of the Rehabilitation Authority S. 84AE substituted by No. 32/2019 The objectives of the Rehabilitation Authority s. 15. are— (a) to provide assurance to the Victorian community— (i) that public sector bodies and the Latrobe Valley licensees are implementing the regional rehabilitation strategy; and (ii) that public sector bodies and the declared mine licensees are planning for the rehabilitation and ongoing management of declared mine land; and (b) to promote the participation of the community and stakeholders from the Latrobe Valley, in the implementation of the regional rehabilitation strategy; and (c) to promote the effective and consistent rehabilitation of coal mine land in accordance with the regional rehabilitation strategy; and Authorised by the Chief Parliamentary Counsel 211 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (d) to promote the sustainable and beneficial use of coal mine land in accordance with the regional rehabilitation strategy; and (e) to promote the effective and consistent rehabilitation of declared mine land in accordance with any Ministerial direction. S. 84AF 84AF Rehabilitation Authority powers relating to substituted by No. 32/2019 property s. 15. The Rehabilitation Authority— (a) may acquire and hold any property for the purposes of this Part and Parts 7B and 7C; and (b) has control and management of all property vested in or acquired by the Rehabilitation Authority; and (c) may dispose of property of the Rehabilitation Authority. S. 84AG 84AG Board of Rehabilitation Authority substituted by No. 32/2019 s. 15. (1) The Rehabilitation Authority is to have a governing body called a Board. (2) The Board is responsible for the management of the affairs of the Rehabilitation Authority. (3) The Board consists of— (a) a chairperson; and (b) a deputy chairperson; and (c) a member; and (d) up to 3 other members. S. 84AH 84AH Appointment of members of the Board substituted by No. 32/2019 s. 15. The Governor in Council, on the recommendation of the Minister, by instrument, may appoint a person as a member of the Board. Authorised by the Chief Parliamentary Counsel 212 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority

84AI Remuneration S. 84AI substituted by A member of the Board is entitled to the No. 32/2019 remuneration and allowances determined from s. 15. time to time by the Governor in Council.

84AJ Terms and conditions of appointment S. 84AJ substituted by No. 32/2019 (1) A member of the Board— s. 15. (a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment and is eligible for reappointment; and (b) is appointed on a full-time or part-time basis, as specified in the instrument of appointment; and (c) holds office on the terms and conditions determined by the Governor in Council. (2) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of that office.

84AK Acting appointment S. 84AK substituted by No. 32/2019 (1) The Governor in Council, on the recommendation s. 15. of the Minister, by instrument, may appoint a person to act as a member of the Board— (a) during any period when the member of the Board is absent; or (b) during any period when the member of the Board is unable to perform the duties of the office. (2) An appointment under subsection (1) is for the period, not exceeding 12 months, that is specified in the instrument of appointment. (3) A person appointed under subsection (1) is entitled to be paid the same remuneration and allowances as the member of the Board. Authorised by the Chief Parliamentary Counsel 213 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (4) A person appointed under subsection (1) holds office on the terms and conditions determined by the Governor in Council. (5) The Public Administration Act 2004 (other than Part 3 of that Act) applies to a person acting as the member of the Board in respect of that office. (6) While a person is acting as the member of the Board, the person has all the powers and may perform any of the functions of the member of the Board. (7) The Governor in Council may revoke an appointment under subsection (1) at any time. S. 84AKA 84AKA Resignation inserted by No. 32/2019 s. 15. A member of the Board ceases to hold office if the member of the Board resigns by notice given to the Minister. S. 84AKB 84AKB Removal from office inserted by No. 32/2019 s. 15. The Governor in Council, on the recommendation of the Minister, at any time may remove the member of the Board on any of the following grounds— (a) misconduct; (b) neglect of duty; (c) inability to perform the functions and powers of the member of the Board; (d) any other ground on which the Governor in Council is satisfied that the member of the Board should not be the member of the Board. Authorised by the Chief Parliamentary Counsel 214 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority

84AKC Chairperson of the Board S. 84AKC inserted by (1) The Governor in Council may, on the No. 32/2019 recommendation of the Minister, appoint a s. 15. member of the Board to be chairperson of the Board. (2) A member of the Board is eligible to be appointed to be chairperson of the Board if the member has expertise relating to the rehabilitation of mines. (3) The chairperson may resign that office by notice in writing signed by the chairperson and delivered to the Minister.

84AKD Deputy chairperson of the Board S. 84AKD inserted by No. 32/2019 (1) The Governor in Council, on the recommendation s. 15. of the Minister, must appoint one of the members of the Board to be the deputy chairperson of the Board. (2) The deputy chairperson may resign that office by notice in writing signed by the deputy chairperson and delivered to the Minister. Division 3—Functions and powers

84AL Functions and powers of the Rehabilitation S. 84AL Authority (Heading) amended by No. 32/2019, s. 16(1). S. 84AL inserted by No. 22/2017 s. 5. (1) The Rehabilitation Authority has the following S. 84AL(1) amended by functions— No. 32/2019 s. 16(2)(a). Authorised by the Chief Parliamentary Counsel 215 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority S. 84AL(1)(a) (a) to monitor and evaluate the implementation substituted by of the regional rehabilitation strategy in No. 22/2017 s. 7(1) (as accordance with the monitoring framework; amended by No. 32/2019 s. 51). S. 84AL(1)(b) (b) to carry out strategic audits of public sector amended by Nos 32/2019 bodies and declared mine licensees in s. 16(2)(b), relation to the implementation of 22/2017 s. 7(2) (as amended rehabilitation planning activities and the by No. regional rehabilitation strategy; 32/2019 s. 51). S. 84AL(1)(c) (c) to monitor and evaluate implementation and amended by No. 22/2017 effectiveness of rehabilitation planning s. 7(3) (as activities and the regional rehabilitation amended by No. 32/2019 strategy in accordance with the monitoring s. 51). framework; S. 84AL(1)(d) (d) to review any research plan in relation to the substituted by No. 32/2019 rehabilitation of declared mine land prepared s. 16(2)(c). by a declared mine licensee and make recommendations, if any, following a review to the relevant declared mine licensee; (e) to coordinate rehabilitation planning activities; S. 84AL(1)(f) (f) to engage with the following groups and amended by No. 32/2019 persons in relation to the rehabilitation of s. 16(2)(d)(i). declared mine land— (i) the Victorian community; (ii) other stakeholders; (iii) public sector bodies; S. (iv) the declared mine licensees; 84AL(1)(f)(iv) amended by No. 32/2019 s. 16(2)(d)(ii). Authorised by the Chief Parliamentary Counsel 216 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (g) to conduct and support meetings between the following groups and persons in relation to rehabilitation planning activities that promote communication and the resolution of issues— (i) the Victorian community; (ii) other stakeholders; (iii) public sector bodies; (iv) the declared mine licensees; S. 84AL(1)(g)(iv) amended by No. 32/2019 s. 16(2)(e). (h) to provide advice and recommendations to the Minister in relation to— (i) the possible changes to the regulatory framework; and (ii) the outcomes of any engagement by S. 84AL(1)(h)(ii) the Rehabilitation Authority with the amended by Victorian community or stakeholders; No. 32/2019 s. 16(2)(f)(i). and (iii) the planning for the monitoring, and S. 84AL(1)(h)(iii) completion, of the rehabilitation of amended by declared mine land; and No. 32/2019 s. 16(2)(f)(ii). (iv) the planning for the monitoring and S. 84AL(1)(h)(iv) maintenance of declared mine land that amended by has been rehabilitated; and No. 32/2019 s. 16(2)(f)(ii). (v) the regional rehabilitation strategy; and (vi) the declared mine rehabilitation plans S. 84AL(1)(h)(vi) of the declared mine licensees; amended by No. 32/2019 s. 16(2)(g). Authorised by the Chief Parliamentary Counsel 217 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (i) to provide information and education to the Victorian community about— S. 84AL(1)(i)(i) (i) the planning for the rehabilitation of amended by No. 32/2019 declared mine land; and s. 16(2)(h). (ii) the regional rehabilitation strategy; (j) to carry out investigations on the referral of the Minister under Division 4; S. 84AL(1)(k) (k) to provide advice, reports and amended by No. 32/2019 recommendations to the Minister on matters s. 16(2)(i). referred to the Rehabilitation Authority under Division 4; S. 84AL(1)(ka) (ka) to monitor and evaluate the risks posed by inserted by No. 32/2019 geotechnical, hydrogeological, water quality s. 16(3). or hydrological factors for declared mine land in relation to public safety, the environment and relevant infrastructure; S. 84AL(1)(kb) (kb) to ensure the monitoring and maintenance inserted by No. 32/2019 for registered mine land is carried out; s. 16(3). S. 84AL(1)(kc) (kc) to establish and maintain a register of inserted by No. 32/2019 declared mine land; s. 16(3). S. 84AL(1)(kd) (kd) to register declared mine land in the declared inserted by No. 32/2019 mine land register in accordance with the s. 16(3). prescribed requirements and procedures; S. 84AL(1)(ke) (ke) to provide advice to the Minister regarding inserted by No. 32/2019 conditions that may apply to the registration s. 16(3). of declared mine land; S. 84AL(1)(kf) (kf) to assess the amount of funds to be paid by inserted by No. 32/2019 declared mine licensees or land holders of s. 16(3). declared mine land to the Rehabilitation Authority for payment into the Declared Authorised by the Chief Parliamentary Counsel 218 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority Mine Fund on the registration of declared mine land; (kg) to obtain and hold any entitlement, licence S. 84AL(1)(kg) inserted by or permission required for the purpose of No. 32/2019 rehabilitating, monitoring and maintaining s. 16(3). registered mine land; (kh) to rehabilitate, monitor, maintain and S. 84AL(1)(kh) inserted by manage registered mine land in accordance No. 32/2019 with the relevant registered post-closure s. 16(3). plan; (ki) to purchase, acquire and dispose of declared S. 84AL(1)(ki) inserted by mine land or land in close proximity to No. 32/2019 declared mine land; s. 16(3). (kj) to provide advice and recommendations to S. 84AL(1)(kj) inserted by the Minister in relation to— No. 32/2019 s. 16(3). (i) rehabilitation planning activities of declared mine licensees; and (ii) any aspect of regional, local or environmental planning that may be impacted by or impact on declared mine land; and (iii) declared mine land and registered mine land; and (iv) the regulatory framework and declared mine land; (kk) to provide for the preservation of relevant S. 84AL(1)(kk) inserted by records and information in respect of No. 32/2019 registered mine land; s. 16(3). (l) to provide advice, recommendations and S. 84AL(1)(l) amended by reports to the Minister on the exercise of No. 32/2019 the Rehabilitation Authority's functions; s. 16(2)(j). Authorised by the Chief Parliamentary Counsel 219 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority S. 84AL(1)(m) (m) other functions conferred on the amended by Rehabilitation Authority under this Act; Nos 32/2019 s. 16(2)(k), 22/2017 s. 7(4) (as amended by No. 32/2019 s. 51). S. 84AL(1)(n) (n) to develop and maintain, in consultation with inserted by No. 22/2017 the community, stakeholders, public sector s. 7(5) (as bodies and Latrobe Valley licensees, a amended by No. 32/2019 framework for— s. 51). (i) the monitoring and evaluation of the implementation and effectiveness of rehabilitation planning activities and the regional rehabilitation strategy; and (ii) the achieving of the outcomes set out in the framework; and (iii) the carrying out of strategic audits of public sector bodies and Latrobe Valley licensees in relation to the implementation of rehabilitation planning activities and the regional rehabilitation strategy; S. 84AL(1)(o) (o) to monitor and report, in accordance with the inserted by No. 22/2017 monitoring framework, on— s. 7(5) (as amended by (i) the implementation by public sector No. 32/2019 s. 51). bodies and Latrobe Valley licensees of the regional rehabilitation strategy; and (ii) the effectiveness of the regional rehabilitation strategy. S. 84AL(2) (2) The Rehabilitation Authority has all the powers amended by No. 32/2019 that are necessary or convenient to perform the s. 16(4). Rehabilitation Authority's functions under this Part. Authorised by the Chief Parliamentary Counsel 220 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority

84AM Rehabilitation Authority to have regard to S. 84AM objective, regional rehabilitation strategy and (Heading) amended by regulatory framework No. 32/2019 s. 17(1). In performing a function or exercising a power S. 84AM under this Part the Rehabilitation Authority must inserted by have regard to— No. 22/2017 s. 5, amended by No. 32/2019 s. 17(2). (a) the objective of the Rehabilitation Authority; S. 84AM(a) amended by and No. 32/2019 s. 17(3). (b) the regional rehabilitation strategy; and (c) the regulatory framework; and S. 84AM(c) amended by No. 32/2019 s. 17(4). (d) any Ministerial direction. S. 84AM(d) inserted by No. 32/2019 s. 17(5).

84AN Staff to be provided S. 84AN inserted by No. 22/2017 The Department Head must ensure that the s. 5, Rehabilitation Authority is provided with any amended by No. 32/2019 public sector employees that are necessary to s. 18. assist the Rehabilitation Authority in performing the Rehabilitation Authority's functions.

84AO Assistance to be provided by the Department Head S. 84AO inserted by No. 22/2017 The Department Head must ensure that the s. 5, Rehabilitation Authority is provided with any amended by No. 32/2019 assistance in connection with the performance of s. 19. the Rehabilitation Authority's functions that the Rehabilitation Authority reasonably requires. Authorised by the Chief Parliamentary Counsel 221 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority S. 84AP 84AP Assistance to be provided by a public sector body inserted by and a declared mine licensee No. 22/2017 s. 5, A public sector body and a declared mine licensee substituted by No. 32/2019 must ensure that the Rehabilitation Authority is s. 20. provided with any assistance in connection with the reasonable performance of the Rehabilitation Authority's functions that the Rehabilitation Authority reasonably requires. Pt 7A Div. 4 (Heading) amended by Division 4—Investigations by the Rehabilitation No. 32/2019 Authority s. 21. S. 84AQ 84AQ Minister may refer a matter for investigation to the (Heading) amended by Rehabilitation Authority No. 32/2019 s. 22(1). S. 84AQ inserted by No. 22/2017 s. 5. S. 84AQ(1) (1) The Minister, by notice published in the amended by No. 32/2019 Government Gazette, may refer to the s. 22(2)(a). Rehabilitation Authority for investigation a matter that relates to— S. 84AQ(1)(a) (a) the rehabilitation of declared mine land; or amended by No. 32/2019 s. 22(2)(b). (b) the regional rehabilitation strategy; or (c) a rehabilitation planning activity. (2) A notice under subsection (1) must set out— (a) the terms of reference of the investigation of the matter; and Authorised by the Chief Parliamentary Counsel 222 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (b) the reporting requirements that will apply, including when a report is to be given to the Minister and whether or not it is to be published.

84AR Power of entry and inspection without consent S. 84AR inserted by No. 22/2017 (1) This section applies if— s. 5. (a) a matter has been referred to the S. 84AR(1)(a) amended by Rehabilitation Authority under this Division; No. 32/2019 and s. 23(1)(a). (b) the Rehabilitation Authority believes on S. 84AR(1)(b) amended by reasonable grounds that it is necessary for No. 32/2019 the Rehabilitation Authority or an authorised s. 23(1). officer to enter declared mine land or any land adjacent to declared mine land for the purposes of investigating the referred matter. (2) An authorised officer may enter, without consent, S. 84AR(2) amended by declared mine land or any land adjacent to No. 32/2019 declared mine land but only between the hours of s. 23(2). 9 a.m. and 5 p.m. (3) The authorised officer must not, under this S. 84AR(3) amended by section, enter any part of declared mine land or No. 32/2019 any land adjacent to declared mine land that is s. 23(3). residential premises. (4) On entering the land under this section, the S. 84AR(4) amended by authorised officer may do all or any of the No. 32/2019 following— s. 23(4). (a) inspect the land; (b) take and keep samples (without payment) of S. 84AR(4)(b) amended by any thing found on the land, if the authorised No. 32/2019 officer believes on reasonable grounds that s. 23(4). the thing is relevant to the referral investigation; Authorised by the Chief Parliamentary Counsel 223 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority S. 84AR(4)(c) (c) make any still or moving image or amended by audio-visual recording that the authorised No. 32/2019 s. 23(4). officer believes on reasonable grounds is relevant to the referral investigation; (d) take measurements of any thing on the land. S. 84AR(5) (5) The authorised officer must not enter any land amended by No. 32/2019 under this section unless, before that entry, the s. 23(5)(a). authorised officer— S. 84AR(5)(a) (a) has produced the authorised officer's identity amended by No. 32/2019 card to the occupier or the apparent occupier s. 23(5)(b). for inspection; and (b) has taken all reasonable steps to notify the occupier or the apparent occupier of the land of the entry. S. 84AR(6) (6) If the authorised officer exercises a power of entry amended by No. 32/2019 under this section without the occupier or the s. 23(6). apparent occupier being present the authorised officer must, on leaving the land, leave a notice setting out— (a) the time of entry; and (b) the purpose of entry; and (c) a description of things done while on the land; and (d) the time of departure; and S. 84AR(6)(e) (e) the contact details of the authorised officer. amended by No. 32/2019 s. 23(6). Authorised by the Chief Parliamentary Counsel 224 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority

84AS Occupier or apparent occupier of land must assist S. 84AS authorised officer to enter (Heading) amended by The occupier, or apparent occupier for the time No. 32/2019 s. 24(1). being, of land which the authorised officer wants S. 84AS to enter under section 84AR must not, without inserted by reasonable excuse, refuse or fail to provide such No. 22/2017 s. 5, assistance as the authorised officer may amended by reasonably require to enter the land. No. 32/2019 s. 24(2). Penalty: In the case of a corporation, 300 penalty units; In any other case, 60 penalty units.

84AT Occupier or apparent occupier of land must assist S. 84AT (Heading) authorised officer to inspect amended by No. 32/2019 The occupier, or apparent occupier for the time s. 25(1). being, of land which the authorised officer wants S. 84AT to inspect under section 84AR must not, without inserted by No. 22/2017 reasonable excuse, refuse or fail to provide such s. 5, assistance as the authorised officer may amended by No. 32/2019 reasonably require to inspect the land. s. 25(2). Penalty: In the case of a corporation, 300 penalty units; In any other case, 60 penalty units.

84AU Authorised officers under this Division S. 84AU inserted by No. 22/2017 (1) The Department Head, by instrument, may s. 5. authorise the following persons to be authorised officers for the purposes of all or any specified provisions of this Division applying to an authorised officer— (a) a public sector employee who assists the S. 84AU(1)(a) amended by Rehabilitation Authority under No. 32/2019 section 84AN; s. 26. (b) an inspector. Authorised by the Chief Parliamentary Counsel 225 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (2) The Department Head may determine the terms and conditions of authorisation of any authorised officer. (3) The terms and conditions of authorisation of an authorised officer may— (a) contain general directions as to how the authorised officer's powers may be exercised; or (b) direct that the exercise of the authorised officer's powers be limited to a specified referral investigation. (4) The Department Head, in writing, may vary or revoke the authorisation of an authorised officer at any time. S. 84AV 84AV Authorised officer's identity cards inserted by No. 22/2017 s. 5. (1) The Department Head must issue an identity card to each authorised officer containing a photograph of the authorised officer and the authorised officer's signature. (2) Subsection (1) does not apply in respect of an authorised officer who is an inspector. Note See section 92 for the issue of an identity card to an authorised officer who is an inspector. (3) If a person to whom an identity card has been issued under subsection (1) ceases to be an authorised officer, the person must return the identity card to the Department Head as soon as practicable. Authorised by the Chief Parliamentary Counsel 226 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority Division 5—Giving of documents or other things

84AW Giving of documents or other things to the S. 84AW Rehabilitation Authority by declared mine licensees (Heading) amended by No. 32/2019 s. 27(1). S. 84AW inserted by No. 22/2017 s. 5. (1) For the purposes of a referral investigation, the S. 84AW(1) amended by Rehabilitation Authority, by written notice given No. 32/2019 to a declared mine licensee, may require s. 27(2). the licensee to give to the Rehabilitation Authority a document or other thing specified in the notice that is held by the declared mine licensee. (2) A notice under subsection (1) must specify the S. 84AW(2) amended by time within and manner with which the document No. 32/2019 or other thing must be given to the Rehabilitation s. 27(3). Authority. (3) A declared mine licensee given a notice under S. 84AW(3) amended by subsection (1) must not, without reasonable No. 32/2019 excuse, refuse or fail to comply with the notice. s. 27(4). Penalty: In the case of a corporation, 300 penalty units; In any other case, 60 penalty units. (4) A declared mine licensee must not in purported S. 84AW(4) amended by compliance with a notice under subsection (1) No. 32/2019 give to the Rehabilitation Authority a document or s. 27(5). information that the licensee knows is false or misleading in a material particular. Penalty: In the case of a corporation, 300 penalty units; In any other case, 60 penalty units. Authorised by the Chief Parliamentary Counsel 227 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority S. 84AX 84AX Giving of documents or other things to the (Heading) Rehabilitation Authority by public sector bodies amended by No. 32/2019 s. 28(1). S. 84AX inserted by No. 22/2017 s. 5. S. 84AX(1) (1) For the purposes of a referral investigation the amended by No. 32/2019 Rehabilitation Authority, by written notice given s. 28(2). to a public sector body, may require the public sector body to give to the Rehabilitation Authority any document or other thing specified in the notice that is held by the public sector body. S. 84AX(2) (2) A notice under subsection (1) must specify the amended by No. 32/2019 time and manner within which the document or s. 28(3). other thing must be given to the Rehabilitation Authority. (3) A public sector body must comply with a notice under subsection (1). S. 84AY 84AY Confidentiality of document or other thing given inserted by No. 22/2017 under a notice s. 5. S. 84AY(1) (1) A document or thing given under section 84AW amended by No. 32/2019 or 84AX to the Rehabilitation Authority is not s. 29. admissible in evidence in any hearing or proceeding in a court or a tribunal. (2) This section does not apply to a proceeding for an offence against section 84AW(3) or (4). Authorised by the Chief Parliamentary Counsel 228 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority Division 6—Information gathering by the Pt 7A Div. 6 Rehabilitation Authority (Heading) amended by No. 32/2019 s. 30.

84AZ Definition S. 84AZ inserted by No. 22/2017 In this Division— s. 5. non-investigatory function means a function of S. 84AZ def. of non- the Rehabilitation Authority under this Part investigatory other than a function under Division 4. function amended by No. 32/2019 s. 31.

84AZA Notice requiring documents or information from S. 84AZA inserted by public sector body No. 22/2017 s. 5. (1) The Rehabilitation Authority, by written notice S. 84AZA(1) amended by given to a public sector body, may require the No. 32/2019 body to give to the Rehabilitation Authority a s. 32(1). document or information the Rehabilitation Authority requires for the purpose of performing a non-investigatory function. (2) A notice under subsection (1) must specify— (a) the document or information that is required S. 84AZA(2)(a) amended by to be given to the Rehabilitation Authority; No. 32/2019 and s. 32(2). (b) the time within and manner with which the S. 84AZA(2)(b) amended by document or information must be given to No. 32/2019 the Rehabilitation Authority. s. 32(2). Authorised by the Chief Parliamentary Counsel 229 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority S. 84AZB 84AZB Notice requiring documents or information from (Heading) declared mine licensee amended by No. 32/2019 s. 33(1). S. 84AZB inserted by No. 22/2017 s. 5. S. 84AZB(1) (1) The Rehabilitation Authority, by written notice amended by No. 32/2019 given to a declared mine licensee, may require s. 33(2). the licensee to give to the Rehabilitation Authority a document or information the Rehabilitation Authority requires for the purpose of performing a non-investigatory function. (2) A notice under subsection (1) must specify— S. 84AZB(2)(a) (a) the document or information that is required amended by No. 32/2019 to be given to the Rehabilitation Authority; s. 33(3). and S. 84AZB(2)(b) (b) the time within and manner with which the amended by No. 32/2019 document or information must be given to s. 33(3). the Rehabilitation Authority. S. 84AZB(3) (3) A declared mine licensee given a notice under amended by No. 32/2019 subsection (1) must not, without reasonable s. 33(4). excuse, refuse or fail to comply with the notice. Penalty: In the case of a corporation, 100 penalty units; In any other case, 20 penalty units. Authorised by the Chief Parliamentary Counsel 230 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority Division 7—Monitoring framework Pt 7A Div. 7 (Heading and ss 84AZC– 84AZF) inserted by No. 22/2017 s. 5, amended by No. 32/2019 ss 34–37, substituted by No. 22/2017 s. 8 (as amended by No. 32/2019 s. 52).

84AZC Rehabilitation Authority must prepare monitoring S. 84AZC substituted by framework No. 22/2017 s. 8 (as (1) The Rehabilitation Authority must prepare a amended by No. 32/2019 document that sets out a framework for the s. 52). monitoring and evaluation of the implementation and effectiveness of— (a) rehabilitation planning activities; and (b) the regional rehabilitation strategy. (2) Without limiting subsection (1), the monitoring framework must provide for— (a) the outcomes to be achieved, including measures to be undertaken to achieve the outcomes and the effectiveness of those measures; and (b) the carrying out of strategic audits of public sector bodies and Latrobe Valley licensees in relation to the implementation of the regional rehabilitation strategy. (3) The Rehabilitation Authority must prepare the monitoring framework in consultation with— (a) community members and stakeholders of the Latrobe Valley region; and (b) public sector bodies; and Authorised by the Chief Parliamentary Counsel 231 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (c) the Latrobe Valley licensees; and (d) the declared mine licensees. S. 84AZD 84AZD Making the monitoring framework substituted by No. 22/2017 s. 8 (as The Rehabilitation Authority must cause the amended by monitoring framework to be published on an No. 32/2019 s. 52). Internet site maintained by the Department as soon as practicable after the framework is made. S. 84AZE 84AZE Amendment of monitoring framework substituted by No. 22/2017 s. 8 (as The Rehabilitation Authority may amend the amended by monitoring framework at any time. No. 32/2019 s. 52). S. 84AZF 84AZF Making an amendment to the monitoring substituted by No. 22/2017 framework s. 8 (as amended by (1) The Rehabilitation Authority must cause to be No. 32/2019 s. 52). published on an Internet site maintained by the Department the monitoring framework, as amended under section 84AZE. (2) As soon as practicable after the amended monitoring framework is published under subsection (1), the Rehabilitation Authority must publish a notice stating the date of the publication of the amended monitoring framework under subsection (1) in the Government Gazette. Pt 7A Div. 8 (Heading) Division 8—Reports and reviews of the amended by No. 32/2019 Rehabilitation Authority s. 38. S. 84AZG 84AZG Report of referral investigation inserted by No. 22/2017 s. 5. S. 84AZG(1) (1) The Rehabilitation Authority must cause to be amended by No. 32/2019 published on an Internet site maintained by the s. 39. Department a report on a referral investigation after giving the report to the Minister. Authorised by the Chief Parliamentary Counsel 232 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority (2) Subsection (1) does not apply if the notice making the referral under section 84AQ(2) specifies that the report must not be published.

84AZH Annual report of Rehabilitation Authority S. 84AZH (Heading) amended by No. 32/2019 s. 40(1). S. 84AZH inserted by No. 22/2017 s. 5. (1) The Rehabilitation Authority by 30 September in S. 84AZH(1) amended by each year must make a report on the performance No. 32/2019 of the Rehabilitation Authority's functions and the s. 40(2). exercise of the Rehabilitation Authority's powers under this Part during the financial year ending on the immediately preceding 30 June. (2) The first report under subsection (1) must relate to the period commencing on the date of commencement of this section and ending on 30 June the following year. (3) The Rehabilitation Authority must give a report S. 84AZH(3) amended by made under subsection (1) to the Minister. No. 32/2019 s. 40(3). (4) The Minister must cause a report given to the Minister under subsection (3) to be laid before each House of Parliament within 6 sitting days after the Minister receives the report. (5) After a report is laid before each House S. 84AZH(5) amended by of Parliament under subsection (4), the No. 32/2019 Rehabilitation Authority must cause to be s. 40(4). published a copy of the report on an Internet site maintained by the Department.

84AZI Consultation S. 84AZI inserted by No. 22/2017 Before publishing a referral report or an annual s. 5, report, the Rehabilitation Authority must consult amended by No. 32/2019 with any public sector body or declared mine s. 41. Authorised by the Chief Parliamentary Counsel 233 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7A—Mine Land Rehabilitation Authority licensee in relation to factual information relating to the public sector body or the declared mine licensee that is to be contained in the published report. S. 84AZJ 84AZJ Reports to the Minister inserted by No. 22/2017 s. 5. The Commissioner may report to the Minister on any matter relating to the performance of the Commissioner's functions. S. 84AZK 84AZK Rehabilitation Authority review of research plans of inserted by No. 22/2017 declared mine licensee s. 5, substituted by (1) The Rehabilitation Authority may review a No. 32/2019 s. 42. research plan in relation to the rehabilitation of declared mine land prepared by a declared mine licensee. (2) The Rehabilitation Authority on carrying out a review under subsection (1) may make recommendations or provide comments to the declared mine licensee. Division 9—Protections for persons acting under this Part S. 84AZL 84AZL Protection against self-incrimination inserted by No. 22/2017 It is a reasonable excuse for a natural person to s. 5. refuse or fail to give a document or other thing, or do any other thing that the person is required to do under this Part, if the giving of the document or other thing or the doing of that other thing would tend to incriminate the person. Authorised by the Chief Parliamentary Counsel 234 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7B—Regional rehabilitation strategy Part 7B—Regional rehabilitation strategy Pt 7B (Heading and ss 84AZM– 84AZR) inserted by No. 22/2017 s. 5.

84AZM Minister must prepare a strategy for the S. 84AZM inserted by rehabilitation of coal mine land No. 22/2017 s. 5. The Minister by 30 June 2020 must prepare a document that sets out the strategy in relation to the following matters— (a) the safety, stability and sustainability of coal mine land and any adjacent land; (b) the planning for the Latrobe Valley region in relation to the rehabilitation of coal mine land and any adjacent land, and the relationship between each mine void; (c) the development of a plan for the monitoring and evaluation of coal mine land after rehabilitation of that land is complete.

84AZN Publication of regional rehabilitation strategy S. 84AZN inserted by No. 22/2017 (1) The Minister must cause to be published on an s. 5. Internet site maintained by the Department the regional rehabilitation strategy. (2) As soon as practicable after the regional rehabilitation strategy is published under subsection (1) the Minister must publish a notice stating the date of that publication in the Government Gazette.

84AZO Review of regional rehabilitation strategy S. 84AZO inserted by No. 22/2017 The Minister must review the regional s. 5. rehabilitation strategy at least once every 3 years after it is published. Authorised by the Chief Parliamentary Counsel 235 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7B—Regional rehabilitation strategy S. 84AZP 84AZP Amendment of regional rehabilitation strategy inserted by No. 22/2017 The Minister may amend the regional s. 5. rehabilitation strategy at any time. S. 84AZQ 84AZQ Publication of amendment to regional rehabilitation inserted by No. 22/2017 strategy s. 5. (1) The Minister must cause to be published on an Internet site maintained by the Department the regional rehabilitation strategy, as amended under section 84AZP. (2) As soon as practicable after the amended regional rehabilitation strategy is published under subsection (1), the Minister must publish a notice stating the date of the publication of the amended regional rehabilitation strategy under subsection (1) in the Government Gazette. S. 84AZR 84AZR Minister must consult inserted by No. 22/2017 s. 5, Before publishing the regional rehabilitation amended by strategy under section 84AZN or an amendment No. 32/2019 s. 43. under section 84AZQ, the Minister must consult the Rehabilitation Authority. Authorised by the Chief Parliamentary Counsel 236 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation Part 7C—Declared mine land rehabilitation Pt 7C (Headings and Division 1—Preliminary ss 84AZS– 84AZZM) inserted by No. 32/2019 s. 44.

84AZS Definitions S. 84AZS inserted by No. 32/2019 In this Part— s. 44. Register of land has the same meaning as Register in the Transfer of Land Act 1958; Registrar has the same meaning as in the Transfer of Land Act 1958; registration amount means an amount specified in a registration direction; registration direction means a direction given by the Minister under section 84AZZB(1)(c).

84AZT Ministerial direction—declared mine land S. 84AZT inserted by No. 32/2019 (1) The Minister may direct the Rehabilitation s. 44. Authority to meet specified priorities and policies in relation to declared mine land by notice published in the Government Gazette. (2) The Minister may from time to time, after consulting the Board, vary or revoke a direction given under subsection (1) by notice published in the Government Gazette. (3) A direction under subsection (1), including a variation or revocation of a direction, applies on and from the publication of the notice in the Government Gazette or any later date specified in the direction. Authorised by the Chief Parliamentary Counsel 237 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation Division 2—Declared mine rehabilitation plans S. 84AZU 84AZU Declared mine licensee to prepare plan for inserted by rehabilitation of land No. 32/2019 s. 44. (1) A declared mine licensee must prepare for the approval by the Department Head, a plan for the rehabilitation of the declared mine land covered by the licensee's licence. (2) The plan must be prepared within the prescribed period. (3) The plan must include— (a) any rehabilitation plan or requirement under section 82(3) that the declared mine licensee enter into a further rehabilitation bond; and (b) the prescribed criteria (closure criteria) to be met by the declared mine licensee for the closure of the mine on the declared mine land; and (c) a document (post-closure plan) that sets out the monitoring and maintenance to be carried out on the closure of the mine on the declared mine land by (as the case requires)— (i) the declared mine licensee; or (ii) the Rehabilitation Authority; or (iii) the owner of the land; and (d) an undertaking by the declared mine licensee to pay the registration amount to the Minister on a registration direction being given for the declared mine land; and (e) an assessment of the risks posed by the geotechnical, hydrogeological, water quality or hydrological factors within the declared mine land; and Authorised by the Chief Parliamentary Counsel 238 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation (f) any other prescribed matter. (4) The declared mine licensee must consult with a prescribed person or a prescribed class of persons in relation to the plan.

84AZV Department Head to consider plan for rehabilitation S. 84AZV inserted by of declared mine land No. 32/2019 s. 44. (1) On receiving a plan prepared under section 84AZU the Department Head must, in considering the plan— (a) consult the Rehabilitation Authority; and (b) in respect of the closure criteria for the plan, consult with the Crown land Minister and the Minister responsible for administering each of the following Acts— (i) the Crown Land (Reserves) Act 1978; (ii) the Environment Protection Act 1970; (iii) the Forests Act 1958; (iv) the Land Act 1958; (v) the National Parks Act 1975; (vi) the Planning and Environment Act 1987; (vii) the Water Act 1989; (viii) the Wildlife Act 1975; and (c) take into account any other prescribed matter; and (d) follow any other prescribed process. (2) The Department Head may, after considering the plan under subsection (1)— (a) approve the plan; or Authorised by the Chief Parliamentary Counsel 239 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation (b) require the changes to the plan specified in a notice to the declared mine licensee to be made before the plan will be approved; or (c) refuse to approve the plan. (3) After considering the plan, the Department Head must as soon as practicable— (a) notify the declared mine licensee of the decision under subsection (2); and (b) if the Department Head refuses to approve the plan under subsection (2)(c), provide reasons for the decision. S. 84AZW 84AZW Application for variation of declared mine inserted by No. 32/2019 rehabilitation plan s. 44. (1) A declared mine licensee may from time to time apply to the Department Head to vary a declared mine rehabilitation plan. (2) On receiving an application under subsection (1), the Department Head must in considering the application— (a) consult with the Crown land Minister and the Minister responsible for administering the following Acts— (i) the Crown Land (Reserves) Act 1978; (ii) the Environment Protection Act 1970; (iii) the Forests Act 1958; (iv) the Land Act 1958; (v) the National Parks Act 1975; (vi) the Planning and Environment Act 1987; (vii) the Water Act 1989; (viii) the Wildlife Act 1975; and Authorised by the Chief Parliamentary Counsel 240 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation (b) take into account any other prescribed matter; and (c) follow any other prescribed process. (3) The Department Head may, after considering the variation— (a) approve the variation of the declared mine rehabilitation plan; or (b) require the changes to the variation of the declared mine rehabilitation plan specified in a notice to the declared mine licensee to be made before the plan will be approved; or (c) refuse to approve the variation of the declared mine rehabilitation plan. (4) After considering the variation, the Department Head must as soon as practicable— (a) notify the declared mine licensee of the decision under subsection (3); and (b) if the Department Head refuses to approve the variation under subsection (3)(c), provide reasons for the decision.

84AZX Department Head may direct declared mine licensee S. 84AZX inserted by to apply for variation of declared mine No. 32/2019 rehabilitation plan s. 44. (1) The Department Head may, on the Department Head's own initiative, determine that a declared mine rehabilitation plan be varied. (2) On making a determination, the Department Head must give the declared mine licensee written notice of the proposed variation, and the reasons for it, and give the declared mine licensee an opportunity to comment on the proposal. (3) After considering any comments made by the declared mine licensee, the Department Head may direct the declared mine licensee to make an Authorised by the Chief Parliamentary Counsel 241 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation application for approval of the variation under section 84AZW. Division 3—Closure of mine, registration of declared mine land and post-closure plan S. 84AZY 84AZY Application for determination that closure criteria inserted by have been met No. 32/2019 s. 44. (1) A declared mine licensee may apply to the Minister for a determination that the closure criteria for the declared mine land covered by the licence of the licensee have been met. (2) An application made under subsection (1) must— (a) be accompanied by the prescribed information (if any); and (b) be accompanied by any other document or information reasonably required by the Minister. S. 84AZZ 84AZZ Consideration of application that closure criteria inserted by No. 32/2019 have been met s. 44. (1) On receiving an application made under section 84AZY, the Minister must— (a) request advice from the Rehabilitation Authority on the application; and (b) consult on the application with the Crown land Minister and the Minister responsible for administering the following Acts— (i) the Crown Land (Reserves) Act 1978; (ii) the Environment Protection Act 1970; (iii) the Forests Act 1958; (iv) the Land Act 1958; (v) the National Parks Act 1975; Authorised by the Chief Parliamentary Counsel 242 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation (vi) the Planning and Environment Act 1987; (vii) the Water Act 1989; (viii) the Wildlife Act 1975; and (c) take into account any other prescribed matter; and (d) follow any other prescribed process. (2) The Minister must provide a copy of an application under section 84AZY and any accompanying documents to the Rehabilitation Authority and each Minister referred to in subsection (1)(b).

84AZZA Determination of application—closure criteria S. 84AZZA inserted by No. 32/2019 (1) After considering an application and any advice or s. 44. consultations carried out under section 84AZZ, the Minister must determine the application. (2) The Minister may determine— (a) that the declared mine licensee has met the closure criteria for that declared mine land; or (b) that the declared mine licensee has not met the closure criteria for that declared mine land. (3) After determining the application the Minister must as soon as practicable— (a) notify the declared mine licensee of the decision under subsection (2); and (b) if the Minister made a determination under subsection (2)(b), provide reasons for the decision. Authorised by the Chief Parliamentary Counsel 243 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation S. 84AZZB 84AZZB Closure criteria for declared mine land met inserted by No. 32/2019 (1) The Minister may, if a declared mine licensee has s. 44. met the closure criteria for the declared mine land covered by the licensee's licence— (a) return the balance of the rehabilitation bond or any further rehabilitation bond entered into by the declared mine licensee; and (b) consent to the surrender of the declared mine licence; and (c) direct the Rehabilitation Authority to register in the declared mine land register— (i) the declared mine land; and (ii) the post-closure plan for that declared mine land. (2) The Minister must cause a copy of a registration direction to be published in the Government Gazette. (3) A registration direction may require— (a) the Rehabilitation Authority to register the post-closure plan and the declared mine land with any specified conditions and in accordance with the prescribed procedure (if any); and (b) the declared mine licensee to give to the Rehabilitation Authority the prescribed records and information; and (c) the declared mine licensee to pay the Minister the specified registration amount. Note See section 83A for payment of any rehabilitation bond in respect of declared mine land into the Declared Mine Fund on cancellation of the mining licence. Authorised by the Chief Parliamentary Counsel 244 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation

84AZZC Registration of declared mine land S. 84AZZC inserted by The Rehabilitation Authority must register any No. 32/2019 land or part of land that is declared mine land by s. 44. entering the prescribed matters in the declared mine land register if— (a) the Minister gives a registration direction to the Rehabilitation Authority to register any land or part of the land that is declared mine land; or (b) the Minister pays any rehabilitation bond into the Declared Mine Fund under section 83A on the cancellation of a mining licence in respect of any land or part of the land that is declared mine land. Division 4—Registered post-closure plans recorded and transfer of registered mine land

84AZZD Registered post-closure plan recorded on title S. 84AZZD inserted by (1) On the registration of a post-closure plan in the No. 32/2019 declared mine land register, the Rehabilitation s. 44. Authority must as soon as practicable lodge with the Registrar notice of any land, other than unalienated Crown land, affected by the registered post-closure plan. (2) On receipt of a notice under this section, the Registrar must make any recordings in the Register of land that are necessary or convenient for the purpose of giving effect to the notice. (3) The Registrar may require any evidence of the identity of any land affected by a notice lodged under this section that the Registrar considers fit. (4) If a Crown grant is issued in respect of registered mine land that is unalienated Crown land, any registered post-closure plan affecting the land Authorised by the Chief Parliamentary Counsel 245 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation must be specified in a notice to the Registrar accompanying the Crown grant. (5) A notice under this section must be in a form approved by the Registrar. S. 84AZZE 84AZZE Removal of registered post-closure plan from inserted by No. 32/2019 title s. 44. (1) On the removal of a registered post-closure plan under section 84AZZM(2)(b) from the declared mine land register, the Rehabilitation Authority must as soon as practicable lodge with the Registrar notice of any land affected by the removal. (2) On receipt of the notice under this section the Registrar must make any recording in the Register of land that is necessary or convenient for the purpose of giving effect to the notice. S. 84AZZF 84AZZF Transfer of registered mine land to inserted by No. 32/2019 Rehabilitation Authority s. 44. The owner of registered mine land may transfer the land in accordance with the Transfer of Land Act 1958 to the Rehabilitation Authority, whether or not for valuable consideration. Division 5—Declared Mine Fund S. 84AZZG 84AZZG Declared Mine Fund inserted by No. 32/2019 There must be established in the Public Account s. 44. as part of the Trust Fund an account to be known as the Declared Mine Fund. S. 84AZZH 84AZZH Payments into the Fund inserted by No. 32/2019 s. 44. There must be paid into the Declared Mine Fund— (a) all money that is appropriated by the Parliament for the purposes of the Fund; and Authorised by the Chief Parliamentary Counsel 246 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation (b) all money that is received from the investment of money in the Fund; and (c) all money directed or authorised to be paid into the Fund by or under this or any other Act.

84AZZI Payments out of the Fund S. 84AZZI inserted by No. 32/2019 (1) There must be paid out of the Declared Mine s. 44. Fund— (a) amounts authorised by the Minister to fund the cost of all or any part of the monitoring, maintenance and rehabilitation of registered mine land; and (b) amounts authorised by the Minister to fund the cost of unforeseen events in relation to registered mine land. (2) There must be paid out of the Declared Mine Fund amounts authorised by the Minister for the payment of costs and expenses incurred in— (a) administering this Part; and (b) monitoring and reporting on the financial operations and financial position of the Fund.

84AZZJ Delegation of power to authorise payments S. 84AZZJ inserted by No. 32/2019 The Minister may, by instrument, delegate the s. 44. Minister's power to authorise payments under section 84AZZI to the Department Head. Division 6—Monitoring and maintenance of registered mine land

84AZZK Functions and powers of the Rehabilitation S. 84AZZK Authority—registered mine land inserted by No. 32/2019 In relation to any requirement in a registered post- s. 44. closure plan for registered mine land not owned by the Rehabilitation Authority that the Rehabilitation Authority carry out ongoing Authorised by the Chief Parliamentary Counsel 247 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation monitoring and maintenance of the land, the Rehabilitation Authority may exercise any function or power under Part 7A, other than a function or power under Division 4 of that Part. Division 7—Register of declared mine land S. 84AZZL 84AZZL Register of declared mine land inserted by No. 32/2019 (1) The Rehabilitation Authority must establish and s. 44. maintain a register of declared mine land registered under this Part. (2) The register of declared mine land may— (a) be kept in electronic form; and (b) be inspected by any person. (3) The Rehabilitation Authority must for each registration of declared mine land— (a) register the following documents in the register of declared mine land— (i) any licence (whether or not in force) that covers the land; (ii) the post-closure plan for the land; (iii) any prescribed records or information that relate to the land; and (b) record in the register of declared mine land— (i) the declared mine land; and (ii) any conditions that apply to the recording of the land; and (iii) any prescribed matters. Authorised by the Chief Parliamentary Counsel 248 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 7C—Declared mine land rehabilitation

84AZZM Removal of registered mine land from the S. 84AZZM Register inserted by No. 32/2019 (1) The Minister may direct the Rehabilitation s. 44. Authority to remove registered mine land or a part of that land from the declared mine land register, if the Minister is satisfied that the geotechnical, water quality or hydrogeological factors that posed a significant risk to public safety, the environment or infrastructure that existed on the registration of the declared mine land are no longer present. (2) On receipt of a direction referred to in subsection (1), the Rehabilitation Authority must amend the declared mine land register— (a) by removing the registered mine land or a part of that land that is the subject of the direction; and (b) by removing the registered post-closure plan for that land if the whole of the land is removed. Authorised by the Chief Parliamentary Counsel 249 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation Part 8—Compensation Pt 8 Div. 1 (Heading) Division 1―General inserted by No. 6/2009 s. 29. S. 84A 84A Application of this Division inserted by No. 6/2009 s. 29. This Division does not apply in any circumstances in which Division 2 applies.

85 What compensation is payable for S. 85(1) (1) Compensation is payable by the licensee to the amended by No. 59/2010 owner or occupier of private land that is land s. 46(1). affected for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including— (a) deprivation of possession of the whole or any part of the surface of the land; and (b) damage to the surface of the land; and (c) damage to any improvements on the land; and (d) severance of the land from other land of the owner or occupier; and (e) loss of amenity, including recreation and conservation values; and (f) loss of opportunity to make any planned improvement on the land; and S. 85(1)(g) (g) any decrease in the market value of the amended by No. 82/2000 owner or occupier's interest in the land; and s. 57(1). Authorised by the Chief Parliamentary Counsel 250 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation (h) loss of opportunity to use tailings disposed S. 85(1)(h) of with the consent of the Minister under inserted by No. 82/2000 section 14(2). s. 57(1). (1A) Compensation is payable by the licensee to the S. 85(1A) owner or occupier of private land that is not land inserted by No. 59/2010 affected for any loss or damage that has been or s. 46(2). will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including— (a) damage to the surface of the land; and (b) damage to any improvements on the land; and (c) severance of the land from other land of the owner or occupier; and (d) loss of amenity, including recreation and conservation values; and (e) loss of opportunity to make any planned improvement on the land; and (f) any decrease in the market value of the owner or occupier's interest in the land. (2) The amount of compensation payable under subsection (1)— (a) must, if it is necessary for the owner or occupier of land to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining and moving to that land; and (b) may be increased by up to 10% by way of solatium to compensate the owner or occupier for intangible and non-pecuniary disadvantages that are not otherwise compensable and that result from the approval of the work plan or the doing of work under the licence. Authorised by the Chief Parliamentary Counsel 251 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation S. 85(2A) (2A) The holder of an extractive industry work inserted by authority is entitled to compensation under this No. 6/2009 s. 30. section only for the deprivation of possession of the whole or any part of the surface of the land and for the loss of opportunity to extract stone from the whole or any part of the land. (3) Compensation is not payable for the value of any mineral in or under the surface of land covered by a licence. (4) Any amount of compensation paid, agreed to be paid or determined under this Part is not affected by any subsequent change in the ownership or occupancy of the land. (5) A licensee is not liable to pay any greater total amount of compensation because of a change in the ownership or occupancy of the land. (6) Compensation is not payable in respect of any land which only became private land after the commencement of work on that land under the licence. S. 85A 85A What compensation is payable for—Crown land inserted by No. 82/2000 s. 58. (1) This section applies if the Minister is of the opinion that the approval of a work plan, or the carrying out of any work under a licence, in relation to any Crown land has, or will, result in loss or damage of the following nature being sustained as a direct, natural and reasonable consequence of the approval of the plan, or the carrying out of the work— (a) deprivation of possession of the whole, or any part of the surface, of the land; or (b) damage to the surface of the land to such an extent that it cannot be rehabilitated and returned to its former, or a comparable, state; or Authorised by the Chief Parliamentary Counsel 252 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation (c) damage to any improvements on the land; or (d) severance of the land from any other Crown land; or (e) loss of opportunity to make any planned improvement on the land. (2) The Minister may require the licensee to pay compensation for the loss or damage— (a) to the Crown; or (b) to any person who is authorised to undertake activities on the land under a lease, licence, permit or other authority granted under an Act. (3) In determining whether compensation should be paid under subsection (2)(a), the Minister must take into account any benefits that may accrue to the people of Victoria from the work carried out under the licence (for example, the provision of infrastructure). (4) In determining the amount of compensation to be paid, the Minister may, if it is necessary for the Crown to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining that land. (5) If the Minister determines that compensation should be paid to a person referred to in subsection (2)(b), the Minister may increase the amount payable by up to 10% by way of solatium to compensate the person for intangible and non- pecuniary disadvantages for which compensation is not otherwise payable and that result from the approval or the carrying out of the work. (6) Compensation is not payable in respect of any land which only became Crown land after work under the licence started on that land. (7) Sections 85(4) and (5) also apply to this section. Authorised by the Chief Parliamentary Counsel 253 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation

86 When a claim can be made A claim for compensation for any loss or damage under section 85 which is not the subject of a registered compensation agreement may be made at any time until the end of the period of three years— (a) after the loss or damage occurred; or (b) after the licence expires— whichever is the earlier.

87 Compensation agreement S. 87(1) (1) The licensee and the owner or occupier of land to substituted by No. 59/2010 which this section applies may enter into a written s. 47(1). agreement as to the amount or kind of compensation payable by the licensee for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licensee's licence. (2) The licensee must lodge an agreement under subsection (1) with the mining registrar for registration. S. 87(2A) (2A) A compensation agreement may be about the inserted by No. 59/2010 amount or kind of compensation payable under s. 47(2). section 85(1) or (1A). S. 87(3) (3) A compensation agreement may include, in amended by No. 32/2019 relation to the amount or kind of compensation s. 61. payable or any other agreed matter (among other things)— (a) a description of the licensee's proposed work, including the location and area of that work; and (b) the anticipated date of commencement and anticipated duration of the proposed work; and Authorised by the Chief Parliamentary Counsel 254 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation (c) agreed points of entry onto and exit from the land for the purposes of the proposed work; and (d) the number and type of vehicles, plant and equipment involved in the proposed work; and (e) a description of the facilities, including sanitary arrangements, which the licensee will be providing on the land. (4) This section applies to private land (whether or S. 87(4) inserted by not that land is land affected). No. 59/2010 s. 47(3).

88 Determination of compensation disputes (1) The owner or occupier or the licensee may— S. 88(1) amended by No. 91/1994 (a) apply to the Tribunal for determination of a s. 28(2)(a), disputed claim for compensation; or substituted by No. 52/1998 (b) refer a disputed claim for compensation to s. 311(Sch. 1 item 64.7). the Supreme Court for determination— in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if it were a claim for compensation under that Act and the licensee were the Authority referred to in that Part. (2) A party who applies to the Tribunal in respect of a S. 88(2) amended by claim or refers a claim to the Court under Nos 91/1994 subsection (1) is only entitled to have that claim s. 28(2)(b)(c), 52/1998 determined by the Tribunal or the Court (as the s. 311(Sch. 1 case requires) if the Tribunal or the Court is item 64.8). satisfied, after considering evidence produced to it, that the party has attempted to settle the claim by conciliation but has not been able to do so because the other party has refused to negotiate a settlement or because both parties are unable to agree. Authorised by the Chief Parliamentary Counsel 255 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation (3) In its application to a claim referred under subsection (1) Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if— S. 88(3)(a) (a) it required the Tribunal or the Court (as the amended by No. 91/1994 case requires) in determining the s. 28(2)(b). compensation payable to have regard to the provisions of this Part; and S. 88(3)(b) (b) section 91(1) provided that the licensee must amended by No. 91/1994 pay the licensee's own costs and the costs of s. 28(2)(b). the other party unless— S. 88(3)(b)(i) (i) the other party is not the owner or substituted by No. 82/2000 occupier of the land affected; or s. 57(2). (ii) the other party has been frivolous or vexatious or has otherwise acted unreasonably— in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper. (4) The licensee must lodge a copy of a determination under this section with the mining registrar for registration. S. 88A 88A Determination of disputes—Crown land inserted by No. 82/2000 s. 59. (1) A licensee may apply to the Tribunal for a review of any requirement made by the Minister under section 85A. (2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or other authority granted under an Act may apply to the Tribunal for a review of any decision made by the Minister under section 85A that affects the person. Authorised by the Chief Parliamentary Counsel 256 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation (3) An application for a review under this section must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.

89 Limit on total amount of compensation (1) The total amount of compensation payable under S. 89(1) amended by section 85(1) or (1A) in respect of any land must No. 59/2010 be no greater if the land is not owned and s. 48(1). occupied by the same person than if it is. (2) Nothing in subsection (1) limits the amount of solatium payable to the owner or occupier under section 85(2). (3) The maximum amount of compensation that a S. 89(3) inserted by court or the Tribunal may order to be paid under No. 82/2000 section 85(1)(e) or (1A)(d) (loss of amenity) is s. 60, amended by $10 000. Nos 59/2010 s. 48(2), 68/2014 s. 52. Division 2―Extractive industries search authorities Pt 8 Div. 2 (Heading and ss 89AA, 89AB) inserted by No. 6/2009 s. 31.

89AA Compensation―search authorities S. 89AA inserted by No. 6/2009 (1) Compensation is payable by the Crown to the s. 31, owner or occupier of any land in respect of which amended by No. 68/2014 an authority is granted under section 112 to enter s. 53. for the purpose of searching for stone (a search Authorised by the Chief Parliamentary Counsel 257 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation authority) for damage that has been or will be sustained by the owner or occupier to crops or improvements, including permanent artificial water supply, by reason of any operation that has been or will be carried out on that land under the search authority. (2) The holder of a search authority must not commence any surveys or operations on any land unless the Crown has paid or tendered to the owner and to the occupier of the land the amount of compensation (if any) in each case that is— (a) agreed on by the Crown and the owner or occupier (as the case may be); or (b) in default of agreement, determined by the Magistrates' Court in accordance with subsection (6). (3) The Crown may treat and agree with the owner or occupier with respect to the amount of compensation to be paid. (4) An agreement is not valid unless it is in writing signed by the parties and a copy is lodged with the Secretary. (5) At least 28 days before the holder of a search authority commences to search for stone on any land he or she must notify the owner of the land or the owner and the occupier of his or her intention to do so. (6) If within 21 days after notice of intention to commence to search for stone on any land has been given the parties have not agreed upon the compensation to be paid the amount may upon the application of either party be determined by the Magistrates' Court. Authorised by the Chief Parliamentary Counsel 258 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8—Compensation

89AB Measure of compensation payable under S. 89AB section 89AA inserted by No. 6/2009 Compensation payable under section 89AA is s. 31. compensation for— (a) deprivation of the possession of the surface of the land or any part of the surface; and (b) damage to the surface of any land and to any improvements on the land which has been caused by or may arise from the carrying on of any operation under the search authority on the land in respect of which the search authority was granted; and (c) all consequential damage to the land. Authorised by the Chief Parliamentary Counsel 259 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8A—Codes of Practice Pt 8A (Heading and Part 8A—Codes of Practice ss 89A–89H) inserted by No. 63/2006 s. 45. S. 89A 89A Power to make Codes of Practice inserted by No. 63/2006 s. 45. (1) The Minister, in accordance with this Part, may make Codes of Practice that— (a) specify standards and procedures for the carrying out of any of the objectives or purposes of this Act or the regulations made under this Act; and (b) provide practical guidance to persons on complying with their obligations under this Act or the regulations made under this Act. (2) A Code of Practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether— (a) wholly or partially or as amended by the Code of Practice; or (b) as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or (c) as formulated, issued, prescribed or published from time to time. S. 89B 89B Variation and revocation of Code of Practice inserted by No. 63/2006 s. 45. The Minister, in accordance with this Part, may vary or revoke a Code of Practice at any time. Authorised by the Chief Parliamentary Counsel 260 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8A—Codes of Practice

89C Advertising of draft Code of Practice, variation or S. 89C revocation inserted by No. 63/2006 (1) The Minister must give notice of— s. 45. (a) any draft Code of Practice which the Minister proposes to make; (b) any variation of a Code of Practice which the Minister proposes to make; (c) any revocation of a Code of Practice which the Minister proposes to make. (2) A notice under subsection (1) must— (a) state where a copy of the draft Code of Practice, variation or revocation (as the case requires) may be obtained; and (b) state that submissions may be made to the Minister within 28 days of the publication of the notice; and (c) be published— (i) in the Government Gazette; and (ii) in a newspaper circulating generally throughout the State. (3) Subsection (1) does not apply to any proposed variation to a Code of Practice— (a) to correct a clerical mistake; or (b) to correct an error arising from an accidental slip or omission; or (c) to update references.

89D Consideration of submissions S. 89D inserted by No. 63/2006 The Minister must consider any submissions s. 45. received by the Minister within the time specified in section 89C(2)(b). Authorised by the Chief Parliamentary Counsel 261 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8A—Codes of Practice S. 89E 89E How is a Code of Practice made? inserted by No. 63/2006 (1) After the Minister has considered any s. 45. submissions, the Minister may make the Code of Practice or the variation or revocation of the Code of Practice. (2) On the making of a Code of Practice or a variation or revocation of a Code of Practice the Minister must cause to be published in the Government Gazette notice of— (a) the making of the Code of Practice or the variation or revocation of the Code of Practice; and (b) in the case of the making of the Code of Practice or any variation, the place where copies of the Code of Practice may be obtained. (3) A Code of Practice or a variation or revocation of a Code of Practice takes effect on— (a) the date that the notice under subsection (2) is published in the Government Gazette; or (b) any later date specified in the notice. S. 89F 89F Availability of Code of Practice inserted by No. 63/2006 s. 45. A Code of Practice and any documents incorporated in a Code of Practice must be made available for public inspection free of charge— (a) at the principal office of the Department and major regional offices of the Department; or (b) in electronic form published on the Department's Internet site. Authorised by the Chief Parliamentary Counsel 262 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8A—Codes of Practice

89G Code of Practice S. 89G inserted by (1) Subject to subsection (2), a person is not liable to No. 63/2006 any civil or criminal proceedings merely because s. 45, substituted by the person has failed to observe any provision of a No. 6/2009 Code of Practice. s. 32. (2) Subjection (1) does not apply to— S. 89G(2) substituted by No. 10/2014 (a) the holder of an extractive industry work s. 39. authority that is subject to a condition of compliance with a Code of Practice under section 77J(2); or (b) the holder of a mining licence that is subject to a condition of compliance with a Code of Practice under section 26(2A); or (c) the holder of a prospecting licence that is subject to a condition of compliance with a Code of Practice under section 26(2A).

89H Use of Code of Practice in proceedings S. 89H inserted by No. 63/2006 If in any proceeding under this Act it is alleged s. 45. that a person contravened a provision of this Act in relation to which a Code of Practice was in effect at the time of the alleged contravention— (a) the Code of Practice is admissible in evidence in that proceeding; and (b) if the court is satisfied in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention that— (i) a provision of the Code of Practice is relevant to that matter; and Authorised by the Chief Parliamentary Counsel 263 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 8A—Codes of Practice (ii) the person failed at any material time to observe that provision— that matter must be taken as proved unless the court is satisfied that in respect of that matter the person complied with the provision of this Act otherwise than by way of observance of that provision of the Code of Practice. Authorised by the Chief Parliamentary Counsel 264 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors Part 9—Inspectors Pt 9 Div. 1 Division 1—Employment of inspectors (Heading) inserted by No. 63/2006 s. 46.

90 Employment of inspectors (1) There may be employed under Part 3 of the S. 90(1) amended by Public Administration Act 2004— Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 134.4). (a) a Chief Inspector; and S. 90(1)(a) substituted by No. 82/2000 s. 61(a), amended by No. 6/2009 s. 33(1)(a). (b) such number of inspectors as are necessary S. 90(1)(b) amended by for the purposes of this Act. No. 6/2009 s. 33(1)(b). (2) A person must not be employed under S. 90(2) amended by subsection (1) unless he or she has appropriate No. 46/1998 qualifications and experience. s. 7(Sch. 1). (3) The Chief Inspector has all the powers of an S. 90(3) amended by inspector. Nos 82/2000 s. 61(b), 6/2009 s. 33(2). Authorised by the Chief Parliamentary Counsel 265 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors S. 91 91 Delegation by Chief Inspector (Heading) inserted by The Chief Inspector may, by instrument— No. 6/2009 s. 34(1). S. 91 amended by Nos 82/2000 s. 61(b), 6/2009 s. 34(2). S. 91(a) (a) delegate to an inspector any power of the amended by Nos 82/2000 Chief Inspector; or s. 61(b), 6/2009 s. 34(2). S. 91(b) (b) delegate any power of an inspector to— substituted by No. 63/2006 s. 47. (i) any person employed under Part 3 of the Public Administration Act 2004; or S. 91(b)(ii) (ii) any employee of Parks Victoria amended by No. 19/2018 established under the Parks Victoria s. 247. Act 2018— other than this power of delegation. S. 92 92 Identity cards amended by No. 86/1993 s. 31(a)(b), (1) The Department Head must issue an identity card substituted by to each inspector containing a photograph of the No. 63/2006 s. 48. inspector and his or her signature. (2) An inspector must produce his or her identity card for inspection if asked to do so when performing a function or exercising a power under this Act or the regulations. (3) If a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the Department Head as soon as practicable. Authorised by the Chief Parliamentary Counsel 266 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors Division 2—Performance of functions Pt 9 Div. 2 (Heading) or exercise of powers inserted by No. 63/2006 s. 49.

93 Inspectors subject to Department Head's directions S. 93 substituted by Nos 82/2000 (1) An inspector is subject to the Department Head's s. 62, 63/2006 directions in the performance of his or her s. 49. functions or in the exercise of his or her powers under this Act or the regulations. (2) A direction under subsection (1) may be of a general nature or may relate to a specified matter or specified class of matter. Pt 9 Div. 3 Division 3—Powers relating to entry (Heading and ss 94–95B) inserted by No. 63/2006 s. 49.

94 Power to enter New s. 94 inserted by No. 63/2006 s. 49. (1) At any time during working hours, an inspector S. 94(1) substituted by may enter a place that the inspector reasonably No. 68/2014 believes— s. 54(1). (a) is a worksite; or (b) is a place where an activity is being or has been conducted in contravention of section 8, 8AA or 8AB. (2) However, an inspector may enter a place referred S. 94(2) amended by to in subsection (1) at any time if the inspector Nos 84/2012 reasonably believes that there is an immediate risk s. 4, 68/2014 s. 54(2). to public safety, the environment, land, property or infrastructure arising from the conduct of an undertaking at the place. Authorised by the Chief Parliamentary Counsel 267 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors New s. 95 95 General powers on entry inserted by No. 63/2006 An inspector who enters a place under this s. 49. Division may do any of the following— (a) inspect, examine and make enquiries at the place; (b) inspect and examine any thing (including a document) at the place; (c) bring any equipment or materials to the place that may be required; (d) seize any thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations; (e) seize any thing at the place for further examination or testing but only if the inspector reasonably believes that the examination or testing is reasonably necessary and cannot be reasonably conducted on site; (f) take photographs or measurements or make sketches or recordings; (g) exercise any other power conferred on the inspector by this Act or the regulations; (h) do any other thing that is reasonably necessary for the purpose of the inspector performing his or her functions or exercising his or her powers under this Act or the regulations. Note The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 95I). Authorised by the Chief Parliamentary Counsel 268 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors

95A Power to require production of documents etc. S. 95A inserted by (1) An inspector who enters a place under this No. 63/2006 Division may— s. 49. (a) require a person to produce a document or part of a document located at the place that is in the person's possession or control; and (b) examine that document or part; and (c) require a person at the place to answer any questions put by the inspector. (2) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under subsection (1). Penalty: In the case of a corporation, 300 penalty units; In any other case 60 penalty units. (3) Before requiring a person to produce a document or part of a document or to answer questions under subsection (1), an inspector— (a) must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and (b) must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her. (4) A person is not liable to be prosecuted for an offence against subsection (2) if the inspector concerned failed to comply with subsection (3). Notes

1 The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 95I). Authorised by the Chief Parliamentary Counsel 269 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors Note 2 to

2 This section does not affect legal professional privilege s. 95A(4) or client legal privilege (see section 95T) or, in the case amended by of a requirement to answer questions, the privilege No. 69/2009 against self-incrimination (see section 95S). s. 54(Sch. Pt 1 item 37.1). S. 95B 95B Power to take samples inserted by No. 63/2006 s. 49. (1) An inspector who enters a place under this Division may take (without payment) samples of any thing at the place that may be required for analysis. (2) If an inspector intends to take a sample, he or she must notify the occupier or apparent occupier for the time being of the place of his or her intention. (3) Unless it is unsafe to do so, after taking the sample the inspector must— (a) divide it into as many parts as are necessary and mark and seal or fasten up each part in a way that the nature of the sample allows; and (b) if the occupier or apparent occupier requires the inspector to give them a part, give one part to that person; and (c) keep one part for future comparison. (4) If it is determined that the sample is to be analysed the inspector must submit another part to an analyst for that purpose. Pt 9 Div. 4 (Heading and Division 4—Procedure relating to entry ss 95C, 95D) inserted by No. 63/2006 s. 49. S. 95C 95C Announcement on entry inserted by No. 63/2006 s. 49. (1) Immediately on entering a place under Division 3, an inspector must take all reasonable steps to notify the occupier or apparent occupier for the time being of the place of the entry and to produce Authorised by the Chief Parliamentary Counsel 270 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors his or her identity card for inspection by that person. (2) However, an inspector is not required to notify, or produce his or her identity card for inspection by, a person if— (a) to do so would defeat the purpose for which the place was entered or cause unreasonable delay; or (b) the person is already aware that the inspector has entered the place or was notified in advance of when he or she would enter.

95D Report to be given about entry S. 95D inserted by No. 63/2006 (1) An inspector who enters a place under Division 3 s. 49. must give a report concerning the entry when, or as soon as practicable after, the inspector leaves the place to the occupier or apparent occupier for the time being of the place. (2) The report must be in writing and include— (a) the time of the entry and departure; and (b) the purpose of the entry; and (c) a description of things done while at the place; and (d) a summary of the inspector's observations while at the place; and (e) the procedure for contacting the Department Head and the inspector for further details of the entry; and (f) the procedure for seeking review of any decision made by the inspector during the entry. Authorised by the Chief Parliamentary Counsel 271 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors (3) If the inspector takes photographs or makes sketches or recordings under section 95(f), the report must also include a statement that— (a) the photographs have been taken or sketches or recordings have been made; and (b) they are or will be available for inspection at a specified place. S. 95D(4) * * * * * repealed by No. 55/2010 s. 54. Pt 9 Div. 5 (Heading and Division 5—Search warrants ss 95E–95H) inserted by No. 63/2006 s. 49. S. 95E 95E Definition inserted by No. 63/2006 s. 49. In this Division a place includes a worksite, premises and a vehicle. S. 95F 95F Issue of search warrants inserted by No. 63/2006 s. 49. (1) An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations. S. 95F(2) (2) A magistrate may issue the search warrant if amended by No. 6/2018 he or she is satisfied by evidence on oath or by s. 68(Sch. 2 affirmation, whether oral or by affidavit, that there item 89). are reasonable grounds for suspecting that there is, or may be within 72 hours, a particular thing (including a document) at the place that may Authorised by the Chief Parliamentary Counsel 272 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors afford evidence of the commission of an offence against this Act or the regulations. (3) The search warrant may authorise a named inspector and any assistants the inspector considers necessary— (a) to enter the place or part of the place named or described in the warrant; and (b) to search for the thing named or described in the warrant. (4) In addition to any other requirement, the search warrant must state— (a) the offence suspected; and (b) the place to be searched; and (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during specified hours; and (f) that the warrant authorises entry on only one occasion; and (g) a day, not later than 7 days after the warrant is issued, on which it ceases to have effect. (5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants under this section. Authorised by the Chief Parliamentary Counsel 273 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors S. 95G 95G Announcement before entry on warrant inserted by No. 63/2006 (1) Before executing a search warrant, the inspector s. 49. named in the warrant or an assistant to the inspector must— (a) announce that he or she is authorised by the warrant to enter the place; and (b) give any person at the place an opportunity to allow that entry. (2) However, the inspector or an assistant to the inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is needed to ensure that the effective execution of the warrant is not frustrated. S. 95H 95H Copy of warrant to be given to occupier inserted by No. 63/2006 s. 49. If an occupier or apparent occupier is present at the place when a search warrant is being executed, the inspector must— (a) identify himself or herself to that person by producing his or her identity card for inspection; and (b) give that person a copy of the execution copy of the warrant. Pt 9 Div. 6 (Heading and Division 6—Limitation on entry powers s. 95I) inserted by No. 63/2006 s. 49. S. 95I 95I Places used for residential purposes inserted by No. 63/2006 s. 49. Despite anything else in this Part, the powers of an inspector under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except— Authorised by the Chief Parliamentary Counsel 274 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors (a) with the consent of the occupier for the time being of the place; or (b) under the authority conferred by a search warrant. Pt 9 Div. 7 Division 7—Return and forfeiture of seized things (Heading and ss 95J, 95K) inserted by No. 63/2006 s. 49.

95J Return of seized things S. 95J inserted by No. 63/2006 (1) As soon as possible after an inspector seizes any s. 49. thing (including a document) under this Part the Department Head must return the thing to the owner unless— (a) the Department Head considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against this Act or the regulations; or (b) the thing is forfeited to the Crown under section 95K; or (c) the Department Head is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing. (2) The thing may be returned either unconditionally or on such terms and conditions as the Department Head considers appropriate. (3) If the Department Head imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions. Penalty: In the case of a corporation, 300 penalty units; In any other case 60 penalty units. Authorised by the Chief Parliamentary Counsel 275 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors S. 95K 95K Forfeiture of seized things inserted by No. 63/2006 Any thing (including a document) that an s. 49. inspector has seized and retained under this Part is forfeited to the Crown if the Department Head— (a) cannot find its owner despite making reasonable enquiries; or (b) cannot return it to the owner despite making reasonable efforts. Pt 9 Div. 8 (Heading and Division 8—Other powers ss 95L, 95M) inserted by No. 63/2006 s. 49. S. 95L 95L Power to require name and address inserted by No. 63/2006 s. 49. (1) An inspector may ask a person to state his or her name and address if the inspector reasonably believes that the person— (a) may be able to assist in the investigation of an offence under this Act that has been committed or is suspected of having been committed; or (b) has committed or is about to commit an offence under this Act or the regulations. (2) The inspector must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence. (3) A person who, in response to being asked to state his or her name and address in accordance with this section— (a) refuses or fails to do so; or (b) states a name that is false in a material particular; or Authorised by the Chief Parliamentary Counsel 276 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors (c) states an address other than the full and correct address of his or her ordinary place of residence or business— is guilty of an offence and liable to a fine not exceeding 5 penalty units. (4) A person who is asked to state his or her name and address may ask the inspector to produce his or her identity card for inspection.

95M Power to give directions S. 95M inserted by No. 63/2006 s. 49. (1) An inspector may give a direction (either orally or S. 95M(1) amended by in writing) to a person at a worksite if the No. 84/2012 inspector reasonably believes that it is necessary s. 5. to do so because of an immediate risk to public safety, the environment, land, property or infrastructure. (2) A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under subsection (1). Penalty: In the case of a corporation, 500 penalty units; In any other case 100 penalty units. Pt 9 Div. 9 Division 9—Other matters (Heading and ss 95N–95Q) inserted by No. 63/2006 s. 49.

95N Occupier must assist inspector S. 95N inserted by No. 63/2006 The occupier or apparent occupier for the time s. 49. being of a worksite must not, without reasonable excuse, refuse or fail to provide such assistance as an inspector may reasonably require for the performance of his or her functions or exercise of Authorised by the Chief Parliamentary Counsel 277 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors his or her powers under this Act or the regulations. Penalty: In the case of a corporation, 300 penalty units; In any other case 60 penalty units. S. 95O 95O Other assistance in exercising powers inserted by No. 63/2006 s. 49. (1) For the purpose of exercising a power under this Act or the regulations, an inspector may seek the assistance of any person. (2) If the power being exercised involves entry to a worksite, the occupier or apparent occupier for the time being of the worksite must allow the person assisting access to that worksite. Penalty: In the case of a corporation, 300 penalty units; In any other case 60 penalty units. (3) If an inspector uses the assistance of an interpreter— (a) any enquiry or request made by the interpreter on the inspector's behalf is taken to have been made by the inspector; and (b) any answer given to the interpreter is taken to have been given to the inspector. S. 95P 95P Inspector may take affidavits inserted by No. 63/2006 s. 49. An inspector is authorised to take affidavits for any purpose relating or incidental to the performance of his or her functions or exercise of his or her powers under this Act or the regulations. Authorised by the Chief Parliamentary Counsel 278 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors

95Q Inspector may copy documents S. 95Q inserted by An inspector may make copies of, or take extracts No. 63/2006 from, a document or part of a document given to s. 49. the inspector in accordance with a requirement under this Act or the regulations. Pt 9 Div. 10 Division 10—Offences (Heading and s. 95R) inserted by No. 63/2006 s. 49.

95R Offences in relation to inspections S. 95R inserted by No. 63/2006 (1) A person must not wilfully assault, obstruct or s. 49. attempt to obstruct, threaten, intimidate or attempt to intimidate an inspector in the exercise of the inspector's powers or the discharge of the inspector's duties. Penalty: In the case of a corporation, 1000 penalty units; In any other case, 200 penalty units. (2) A person must not— (a) contravene or fail to comply with any lawful requirement of an inspector; or (b) make to an inspector exercising a power or discharging a duty under this Act a statement knowing it to be false or misleading in any particular. Penalty: In the case of a corporation, 500 penalty units; In any other case, 100 penalty units. (3) A reference in this section to an inspector includes a reference to a person acting under an instrument of delegation under section 91(b). Authorised by the Chief Parliamentary Counsel 279 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 9—Inspectors Pt 9 Div. 11 Division 11—Protection of privileges (Heading and ss 95S, 95T) inserted by No. 63/2006 s. 49. S. 95S 95S Protection against self-incrimination inserted by No. 63/2006 s. 49. (1) A natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Part if giving the information or doing the other thing would tend to incriminate the person. (2) However, subsection (1) does not apply to— (a) the production of a document or part of a document that the person is required by this Part to produce; or (b) the giving of a person's name or address in accordance with section 95L. S. 95T 95T Legal professional privilege and client legal privilege (Heading) amended by not affected No. 69/2009 s. 54(Sch. Pt 1 Nothing in this Act or the regulations— item 37.2). S. 95T inserted by No. 63/2006 s. 49. S. 95T(a) (a) entitles or requires a person to disclose amended by No. 69/2009 information that is the subject of legal s. 54(Sch. Pt 1 professional privilege or client legal item 37.3). privilege; or S. 95T(b) (b) affects the law or practice relating to legal amended by No. 69/2009 professional privilege or client legal s. 54(Sch. Pt 1 privilege. item 37.3). Authorised by the Chief Parliamentary Counsel 280 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 * * * * * Pt 10 (Heading and ss 94, 95) amended by Nos 46/1998 s. 7(Sch. 1), 52/1998 s. 311(Sch. 1 items 64.9, 64.10 (as amended by No. 101/1998 s. 22(1)(j)), 64.11, 64.12), 76/1998 s. 31(l), repealed by No. 82/2000 s. 63. Authorised by the Chief Parliamentary Counsel 281 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 11—Mining wardens Part 11—Mining wardens

96 Appointment of mining wardens (1) The Governor in Council may appoint as many persons to be mining wardens as are required for the purposes of this Act. (2) The appointment of a person as a mining warden is subject to any terms and conditions that are specified in the instrument of appointment. (3) A mining warden holds office for the term, not exceeding 3 years, that is specified in the instrument of appointment and is eligible for re-appointment. (4) A mining warden is entitled to be paid— (a) the remuneration fixed from time to time by the Governor in Council; and (b) the travelling and other allowances fixed from time to time by the Governor in Council. S. 96(5) (5) The Public Administration Act 2004 (other than amended by No. 46/1998 Part 3 of that Act) applies to a mining warden in s. 7(Sch. 1), respect of the office of mining warden. substituted by Nos 108/2004 s. 117(1) (Sch. 3 item 134.5), 80/2006 s. 26(Sch. item 71.2). (6) A mining warden may resign from office by delivering to the Governor in Council a signed letter of resignation. (7) The Governor in Council may at any time remove a mining warden from office. Authorised by the Chief Parliamentary Counsel 282 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 11—Mining wardens (8) If a mining warden was, immediately before his or her appointment, an officer within the meaning of the State Superannuation Act 1988, he or she continues, subject to that Act, to be an officer within the meaning of that Act while he or she continues in the appointment.

97 Disputes (1) A party to a dispute may refer the dispute to a mining warden. (2) The mining warden must investigate the dispute, attempt to settle, or arbitrate in relation to, the matters in dispute and, where appropriate, make recommendations to the Minister concerning those matters.

98 Matters referred to mining warden S. 98 amended by No. 76/1998 The Minister or the Department Head may refer a s. 31(l). matter to a mining warden for investigation, report and recommendations.

99 Powers of mining warden (1) In investigating a dispute or other matter referred to him or her, a mining warden has power to do all or any of the following— (a) conduct a hearing; (b) enter and inspect any relevant land; (c) make an order for the inspection, detention, custody or preservation of any relevant minerals, whether or not in the possession, custody or power of a party to the dispute or other matter; (d) make an order restraining a person from removing from Victoria or otherwise dealing with any minerals specified in the order, whether or not that person is domiciled, resident or present within Victoria; Authorised by the Chief Parliamentary Counsel 283 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 11—Mining wardens S. 99(1)(e) (e) require an employee of the Department to amended by produce any record or other document kept No. 46/1998 s. 7(Sch. 1). by, or in the custody, possession or control of, the Department and give any other information or assistance that the mining warden requests and the employee is able to give. S. 99(2) (2) For the purpose of an investigation a mining amended by Nos 69/2009 warden has the powers conferred on a board s. 54(Sch. Pt 2 appointed by the Governor in Council by item 36), 67/2014 sections 14, 15, 16 and 21A of the Evidence s. 147(Sch. 2 (Miscellaneous Provisions) Act 1958, as in force item 26). immediately before their repeal. (3) An order made by a mining warden under subsection (1)(c) or (d) may be enforced as if it were an order made by the Magistrates' Court in a civil proceeding.

100 Conduct of hearing (1) In conducting a hearing, a mining warden— (a) is not bound by rules of evidence but may inform himself or herself on any matter in any manner that he or she thinks fit; and (b) is bound by the rules of natural justice; and (c) is not required to conduct the hearing in a formal manner. (2) Evidence in a hearing— (a) may be given orally or in writing; and S. 100(2)(b) (b) if the mining warden so requires, must be amended by No. 6/2018 given on oath or by affirmation or by s. 68(Sch. 2 affidavit. item 89). (3) A party may appear before a mining warden in person or may be represented by an agent. Authorised by the Chief Parliamentary Counsel 284 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 11—Mining wardens (4) A party may only be represented by an agent who S. 100(4) is an Australian lawyer if— amended by Nos 18/2005 (a) the other parties to the matter agree; or s. 18(Sch. 1 item 69), 17/2014 (b) the mining warden grants leave. s. 160(Sch. 2 item 64). (5) Otherwise, the procedure of the mining warden is in his or her discretion.

101 Evidence not admissible in other proceedings Evidence given to a mining warden must not be used in any proceedings (whether civil or criminal) before a court or tribunal except proceedings for an offence against this Act or for perjury.

102 Validity of acts or decisions An act or decision of a mining warden is not invalid only because there was a defect or irregularity in or in connection with his or her appointment.

103 Discontinuance of investigation A mining warden must discontinue the investigation of a dispute or other matter if— (a) it appears to him or her that the interests of the person or body that referred the dispute to the mining warden are not directly and substantially affected by the dispute; or (b) it appears to him or her that the dispute or other matter is the subject of proceedings before a court or tribunal; or (c) the person or body that referred the dispute or other matter to the mining warden requests the mining warden in writing to discontinue the investigation. Authorised by the Chief Parliamentary Counsel 285 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 11—Mining wardens

104 Costs (1) The costs of, and incidental to, an investigation by a mining warden are in the discretion of the mining warden and he or she has power to determine by whom, to whom and to what extent the costs are to be paid. (2) A determination by a mining warden as to costs may be enforced as if it were an order made by the Magistrates' Court in a civil proceeding for the payment of money. New s. 105 105 Annual report inserted by No. 63/2006 s. 50. (1) A mining warden must, within 3 months after the end of a financial year, submit a report to the Minister. (2) A report under subsection (1) must include a brief summary of the following things that occurred in that financial year— (a) the nature and status of any dispute referred to the mining warden under section 97; (b) the nature and status of any matter referred to the mining warden under section 98; (c) any other activity commenced, conducted or completed by the mining warden under this Act. Authorised by the Chief Parliamentary Counsel 286 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement Part 12—Enforcement Pt 12 (Heading) amended by No. 82/2001 s. 34(a). * * * * * S. 105 amended by Nos 86/1993 s. 32, 56/1995 s. 42, 69/2000 s. 60, repealed by No. 82/2001 s. 34(b). Pt 12 Div. 1 Division 1—Definitions (Heading) inserted by No. 68/2014 s. 55.

105A Definitions S. 105A inserted by No. 68/2014 In this Part— s. 55. authorised person means a person authorised by the Minister under section 110AB(2); authority means a licence, an extractive industry work authority, a miner's right or a tourist fossicking authority. Pt 12 Div. 2 Division 2—Infringements (Heading) inserted by No. 68/2014 s. 55.

106 Infringements S. 106 amended by No. 32/2006 (1) An inspector who has reason to believe that a s. 94(Sch. person has committed an offence against this Act item 33(1)– (3)), or the regulations that is prescribed for the substituted by purposes of this Part may serve on that person an No. 6/2009 s. 35. infringement notice. Authorised by the Chief Parliamentary Counsel 287 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. (3) The infringement penalty for the purposes of this section in respect of an offence referred to in subsection (1) is the penalty prescribed in respect of that offence. Pt 12 Div. 3 (Heading) Division 3—Enforceable undertakings inserted by No. 68/2014 s. 56. S. 107 107 Enforceable undertakings repealed by No. 32/2006 s. 94(Sch. (1) This section applies if— item 33(3)), new s. 107 (a) the Minister believes on reasonable grounds inserted by that the holder of an authority— No. 68/2014 s. 56. (i) has contravened or is likely to contravene this Act or the regulations; or (ii) has not complied with any condition to which the authority is subject or any condition specified under section 44; or (iii) has not complied with any condition applying to the carrying out of the work plan under the authority; or (iv) has undertaken work on land otherwise than in accordance with the work plan under the authority; and (b) the Minister considers that, having regard to the criteria specified in guidelines made under section 120A, an undertaking under this section is an appropriate enforcement mechanism. Authorised by the Chief Parliamentary Counsel 288 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (2) If this section applies, the Minister and the holder of the authority may enter into a written undertaking. (3) The holder of an authority may with the consent of the Minister withdraw or vary an undertaking. (4) While an undertaking is in force in respect of a contravention or other thing that is an offence, proceedings may not be brought for an offence constituted by the contravention or other thing. (5) If the holder of an authority withdraws an undertaking in respect of a contravention or other thing that is an offence before the undertaking has been fulfilled, proceedings may be brought for the offence constituted by the contravention or other thing. (6) If the holder of an authority complies with the requirements of an undertaking in respect of a contravention or other thing that is an offence, no further proceedings may be brought for an offence constituted by the contravention or other thing. (7) The Minister may publish an undertaking in any manner the Minister considers appropriate.

108 Offence to contravene an undertaking S. 108 repealed by No. 25/2008 The holder of an authority must not contravene an s. 16(1), new undertaking entered into by the holder under s. 108 inserted by section 107 that is in force. No. 68/2014 s. 56. Penalty: In the case of a corporation, 2500 penalty units. Penalty: In any other case, 500 penalty units. * * * * * S. 109 repealed by No. 86/1993 s. 33. Authorised by the Chief Parliamentary Counsel 289 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement Pt 12 Div. 4 Division 4—Remedial notices and orders and (Heading) inserted by enforcement orders No. 68/2014 s. 57(a). S. 110 110 Notice requiring authority holder to take action or (Heading) inserted by stop work No. 84/2012 s. 6(1) (as amended by No. 70/2013 s. 3(Sch. 1 item 35)). S. 110(1) (1) This section applies if the Minister believes on substituted by Nos 82/2000 reasonable grounds that— s. 64(1), 63/2006 s. 51(1). S. 110(1)(a) (a) an act or omission by the holder of an amended by No. 84/2012 authority is likely to result in a risk to public s. 6(2). safety, the environment, land, property or infrastructure; or (b) the holder of an authority— (i) has contravened or is likely to contravene this Act or the regulations; or (ii) has not complied with any condition to which the authority is subject or any condition specified under section 44; or (iii) has not complied with any relevant planning scheme or permit; or (iv) has not complied with any condition applying to the carrying out of the work plan under the authority; or (v) has undertaken work on land otherwise than in accordance with the work plan under the authority; or Authorised by the Chief Parliamentary Counsel 290 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (vi) has not complied with a declared mine S. 110(1)(b)(vi) rehabilitation plan; or inserted by No. 32/2019 s. 45(1). (ba) a former licensee or former holder of a S. 110(1)(ba) inserted by mining licence for declared mine land No. 32/2019 has not complied with a declared mine s. 45(2). rehabilitation plan; or (c) a former licensee or former holder of an S. 110(1)(c) amended by extractive industry work authority has failed No. 6/2009 to comply with section 81. s. 36(1). (2) The Minister may, by notice served on the holder S. 110(2) amended by of the authority— No. 86/1993 s. 34, substituted by No. 82/2000 s. 64(1). (a) require the taking within a specified period S. 110(2)(a) substituted by of any action necessary— No. 84/2012 s. 6(3). (i) to remedy the contravention or non-compliance; (ii) to avoid the likely contravention or non-compliance; (iii) to avoid, minimise or remove the risk to public safety, the environment, land, property or infrastructure; (b) prohibit the doing of any activity or class of activity by the holder of the authority for a specified period or until the occurrence of a specified event; (c) require the holder of the authority to supply any plans or other information specified in the notice; Authorised by the Chief Parliamentary Counsel 291 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (d) require the holder of the authority— (i) to provide monitoring equipment; (ii) to carry out any monitoring or surveys specified in the notice; (iii) to have any audit or assessment specified in the notice carried out by an appropriately qualified person or body; (iv) to give the Minister a report detailing the results of the monitoring, surveys, audit or assessment. S. 110(3) (3) The holder of an authority must comply with a substituted by No. 82/2000 notice issued under subsection (2). s. 64(1), amended by Penalty: In the case of a corporation, No. 84/2012 s. 6(4). 2500 penalty units. In any other case, 500 penalty units. Default penalty: In the case of a corporation, 300 penalty units. In any other case, 60 penalty units. S. 110(3A) (3A) If a holder of an authority is found guilty of an inserted by No. 84/2012 offence against subsection (3), the court may, in s. 6(5). addition to imposing any penalty, make— (a) an order that the holder must comply with the notice or take specified action to comply with the notice; or (b) any other order that it considers appropriate. S. 110(4) (4) Subject to subsection (5A) and section 110AA(4), substituted by No. 52/1998 a person whose interests are affected by a decision s. 311(Sch. 1 of the Minister to serve a notice under item 64.13), amended by subsection (2) or vary a notice under Nos 82/2000 subsection (5) may apply to the Tribunal for s. 64(2), 84/2012 review of the decision. s. 6(6). Authorised by the Chief Parliamentary Counsel 292 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (4A) An application for review must be made within S. 110(4A) 28 days after the later of— inserted by No. 52/1998 s. 311(Sch. 1 item 64.13). (a) the day on which the notice, or notice of the S. 110(4A)(a) amended by variation, is served; No. 84/2012 s. 6(7)(a). (b) if, under the Victorian Civil and S. 110(4A)(b) amended by Administrative Tribunal Act 1998, the No. 84/2012 person requests a statement of reasons for the s. 6(7)(b). decision to serve or vary the notice, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. (5) The Minister may, by notice served on the holder S. 110(5) substituted by of the authority, vary or cancel a notice issued No. 82/2000 under subsection (2). s. 64(3), amended by No. 84/2012 s. 6(8). (5A) A person cannot apply under subsection (4) for S. 110(5A) inserted by review of the variation of a notice if the purpose No. 84/2012 of the variation is limited to— s. 6(9). (a) correcting a minor or technical error in the notice; or (b) extending the period within which an action required by the notice must be taken; or (c) reducing the period during which the doing of any activity or class of activity is prohibited. Authorised by the Chief Parliamentary Counsel 293 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement S. 110(6) (6) For the purposes of this section— substituted by Nos 82/2000 (a) in the case of a mining licence, service of a s. 64(3), notice on the manager appointed to control 6/2009 s. 36(2). and manage the licence worksites is deemed to be service of the notice on the licensee; and (b) in the case of an extractive industry work authority, service of a notice on the quarry manager or person appointed to manage the extractive industry operation is deemed to be service on the holder of the work authority. S. 110(7) * * * * * inserted by No. 82/2000 s. 64(3), amended by Nos 6/2009 s. 36(3), 59/2010 s. 42(3), repealed by No. 68/2014 s. 57(b). S. 110(8) (8) In subsections (2) to (6) a reference to the holder inserted by No. 63/2006 of an authority or a licensee includes a reference s. 51(2), to a former licensee or former holder of an amended by No. 6/2009 extractive industry work authority. s. 36(4). S. 110AA 110AA Injunction for non-compliance with notice inserted by No. 84/2012 s. 7. (1) The Minister may apply to the Supreme Court for an injunction— (a) compelling the holder of an authority to comply with a notice served on the holder under section 110; or (b) restraining the holder of an authority from contravening the notice. Authorised by the Chief Parliamentary Counsel 294 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (2) The Minister may apply for an injunction under subsection (1) whether or not— (a) an application has been made under section 110(4) for review of a decision to serve or vary the notice; or (b) proceedings have been brought for an offence against this Act or the regulations in relation to the notice; or (c) proceedings have been brought in relation to a matter that gave rise to the decision to serve the notice. (3) If a holder of an authority has applied under section 110(4) for review of the decision to serve or vary a notice at the time the Minister applies for an injunction under subsection (1) in relation to that notice— (a) the Tribunal must make an order staying the review proceeding pending the determination of the Minister's application; and (b) the Tribunal must dismiss the proceeding if the Supreme Court grants an injunction on the Minister's application. (4) If a holder of an authority has not applied under section 110(4) for review of the decision to serve or vary a notice at the time the Minister applies for an injunction under subsection (1) in relation to that notice, the holder cannot apply for review under section 110(4) in relation to that notice— (a) while the Minister's application is pending; or (b) if the Supreme Court grants an injunction on the Minister's application. Authorised by the Chief Parliamentary Counsel 295 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement S. 110AB 110AB Minister may take action required by injunction or inserted by order No. 84/2012 s. 7. (1) The Minister may take any action that an order under section 110(3A) or an injunction granted on an application under section 110AA(1) requires to be taken if— (a) the holder of the authority does not take the action within the time specified in the order or injunction or, if no time is specified in the order or injunction, a reasonable time; and (b) failure to take the action is likely to result in a serious risk to public safety, the environment, land, property or infrastructure. (2) The Minister may authorise a person and any person assisting that person to enter any land and do anything that in the Minister's opinion is necessary for the purpose of taking an action under subsection (1). (3) If it is necessary for an authorised person or a person assisting an authorised person to enter land under subsection (2), the Minister must, except in a case of emergency— (a) if the land is private land, give reasonable notice of the entry to the owner and the occupier of the land; and (b) if the land is Crown land, give reasonable notice of the entry to the Crown land Minister; and (c) ensure that the person enters the land at a reasonable time; and (d) if the land is used only for residential purposes, obtain, or take all reasonable steps to obtain, the consent of the occupier of the land. Authorised by the Chief Parliamentary Counsel 296 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement

110AC Offence to hinder or obstruct remedial action S. 110AC inserted by (1) A person must not, without reasonable excuse, No. 84/2012 hinder or obstruct the Minister, an authorised s. 7. person or a person assisting an authorised person taking action under section 110AB. Penalty: In the case of a corporation, 300 penalty units. In any other case, 60 penalty units. (2) In this section, authorised person means a person authorised by the Minister under section 110AB(2).

110AD Immunity for remedial action S. 110AD inserted by No. 84/2012 (1) An authorised person or a person assisting an s. 7. authorised person is not personally liable for anything done or omitted to be done in good faith— (a) in the course of taking action under section 110AB; or (b) in the reasonable belief that the act or omission was in the course of taking action under section 110AB. (2) Any liability that would, but for subsection (1), attach to a person attaches instead to the Crown. (3) In this section, authorised person has the same meaning as in section 110AC.

110AE Compensation for remedial action S. 110AE inserted by No. 84/2012 (1) Subject to subsection (2), compensation is payable s. 7. by the Minister to the owner or occupier of private land for any loss or damage sustained as a direct, natural and reasonable consequence of an action taken under section 110AB, including— Authorised by the Chief Parliamentary Counsel 297 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (a) deprivation of possession of the whole or any part of the surface of the land; and (b) damage to the surface of the land; and (c) damage to any improvements on the land; and (d) severance of the land from other land of the owner or occupier; and (e) loss of amenity, including recreation and conservation values; and (f) loss of opportunity to make any planned improvement on the land; and (g) any decrease in the market value of the owner or occupier's interest in the land. (2) Subsection (1) does not apply if the owner or occupier of the land is the holder of the authority subject to the order or injunction in relation to which the action under section 110AB was taken. (3) An owner or occupier of land may— (a) apply to the Tribunal for determination of a disputed claim for compensation under subsection (1); or (b) refer a disputed claim for compensation under subsection (1) to the Supreme Court for determination— in accordance with Part 10 of the Land Acquisition and Compensation Act 1986 as if it were a claim for compensation under that Act and the Minister were the Authority referred to in that Part. (4) In its application to a claim referred under subsection (3), Part 10 of the Land Acquisition and Compensation Act 1986 has effect as if— Authorised by the Chief Parliamentary Counsel 298 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (a) it required the Tribunal or the Court (as the case requires) in determining the compensation payable to have regard to the provisions of this Part; and (b) section 91(1) of that Act provided that the Minister must pay the Minister's own costs and the costs of the owner or occupier unless the owner or occupier has been frivolous or vexatious or has otherwise acted unreasonably, in which case the Tribunal or the Court (as the case requires) may, subject to that section, award such costs as it thinks proper.

110AF When claim for compensation for remedial action S. 110AF inserted by can be made No. 84/2012 s. 7. (1) A claim for compensation for any loss or damage may be made under section 110AE at any time until the end of the period of 2 years after the day on which the Minister, an authorised person or a person assisting an authorised person finishes taking the action under section 110AB. (2) In this section, authorised person has the same meaning as in section 110AC.

110AG Recovery of costs and compensation by Minister S. 110AG inserted by No. 84/2012 The Minister may recover, as a debt due to the s. 7. Crown, in a court of competent jurisdiction— (a) the value of any reasonable costs incurred in taking an action under section 110AB; (b) any compensation paid under section 110AE in respect of that action— from the holder of the authority who was subject to the order under section 110(3A) or injunction under section 110AA in relation to which the action was taken. Authorised by the Chief Parliamentary Counsel 299 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement S. 110A 110A Enforcement order inserted by No. 63/2006 (1) An inspector who believes on reasonable grounds s. 52. that a person (other than the holder of an authority) is carrying out or is likely to carry out an activity on land in contravention of this Act or the regulations may issue a notice to the person— (a) to stop that activity; and (b) to take within a specified period any action necessary to remedy the contravention. (2) A person must not, without reasonable excuse, fail to comply with a notice under this section. Penalty: In the case of a corporation, 1000 penalty units; In any other case, 200 penalty units. S. 110A(3) * * * * * repealed by No. 68/2014 s. 57(b). S. 110B 110B Notice requiring owner of registered mine land to inserted by No. 32/2019 take action or stop work s. 46. (1) This section applies if the Minister believes on reasonable grounds that— (a) an act or omission of an owner of registered mine land is likely to result in a risk to public safety, the environment, land, property or infrastructure; or (b) an owner of registered mine land has contravened the owner's obligations under the registered post-closure plan; or (c) an owner of registered mine land has contravened or is likely to contravene this Act. Authorised by the Chief Parliamentary Counsel 300 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (2) The Minister may, by notice served on the owner of registered mine land, require the taking within a specified period of any of the actions set out in subsection (3) in order to— (a) remedy the contravention or non-compliance; or (b) avoid the likely contravention or non-compliance; or (c) avoid, minimise or remove the risk to public safety, the environment, land, property or infrastructure. (3) The actions the Minister may require in a notice under subsection (2) are as follows— (a) prohibit the doing of any activity or class of activity by the owner of registered mine land for a specified period or until the occurrence of a specified event; (b) require the owner of registered mine land to supply any plans or other information specified in the notice; (c) require the owner of registered mine land to do any of the following— (i) to provide monitoring equipment; (ii) to carry out any monitoring or surveys specified in the notice; (iii) to have any audit or assessment specified in the notice carried out by an appropriately qualified person or body; (iv) to give the Minister a report detailing the results of the monitoring surveys, audit or assessment. (4) The Minister may, by notice served on the owner of registered mine land, vary or cancel a notice under subsection (2). Authorised by the Chief Parliamentary Counsel 301 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (5) The owner of registered mine land must comply with a notice under subsection (2) or as varied under subsection (4). Penalty: In the case of a corporation, 2500 penalty units; In any other case, 500 penalty units. Default penalty: In the case of a corporation, 300 penalty units; In any other case, 60 penalty units. S. 110C 110C Review of decision to issue notice to owner of inserted by No. 32/2019 registered mine land s. 46. (1) A person whose interests are affected by a decision of the Minister to serve a notice under section 110B(2) or vary a notice under section 110B(4) may apply to the Tribunal for review of the decision. (2) An application for review must be made within 28 days after the later of the following— (a) the day on which the notice, or notice of the variation, is served; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision to serve or vary the notice— (i) the day on which the statement of reasons is given to the person; or (ii) the day on which the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Authorised by the Chief Parliamentary Counsel 302 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (3) A person cannot apply under subsection (1) for review of the variation of a notice if the purpose of the variation is limited to— (a) correcting a minor or technical error in the notice; or (b) extending the period within which an action required by the notice must be taken; or (c) reducing the period during which the doing of any activity or class of activity is prohibited. Pt 12 Div. 5 Division 5—General (Heading) inserted by No. 68/2014 s. 57(c).

111 Offences by corporations (1) In this section, officer— (a) in relation to a corporation within the S. 111(1)(a) substituted by meaning of the Corporations Act, has the No. 44/2001 same meaning as in section 9 of that Act; and s. 3(Sch. item 82.1(a)). (b) in relation to a corporation which is not a S. 111(1)(b) amended by corporation within the meaning of that Act, No. 44/2001 means any person (by whatever name called) s. 3(Sch. item 82.1(b)). who is concerned or takes part in the management of the corporation— but does not include an employee of the corporation. (2) If a corporation is guilty of an offence against this Act or a regulation, any officer of the corporation who was in any way, by act or omission, knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for that offence. Authorised by the Chief Parliamentary Counsel 303 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 12—Enforcement (3) If in a proceeding for an offence against this Act or a regulation it is necessary to establish the intention of a corporation, it is sufficient to show that a servant or agent of the corporation had that intention. (4) A statement made by an officer of a corporation is admissible as evidence against the corporation in any proceeding against the corporation for an offence against this Act or a regulation. S. 111A 111A Default penalties inserted by No. 82/2000 s. 65. (1) If a person is convicted of an offence against this Act in respect of which a default penalty is provided, the person is guilty of a further offence for each day the offence continues after the conviction, and is liable to be fined up to the amount specified as the default penalty. (2) This section does not apply if, owing to a circumstance such as the loss of a document needed to comply with this Act, it is not possible for a person to comply with the provision in respect of which the offence was committed. Authorised by the Chief Parliamentary Counsel 304 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous Part 13—Miscellaneous

112 Surveys, searches and drilling operations S. 112 (Heading) amended by No. 68/2014 s. 58(1). (1) The Minister may authorise in writing any person S. 112(1) substituted by to enter, or fly over, any land for the purpose of No. 82/2000 making a land, mining, geological survey or s. 66(1), amended by searching for stone on behalf of the Department. No. 68/2014 s. 58(2)(a). (2) The Minister may authorise in writing any person S. 112(2) amended by to enter any land for the purpose of the carrying No. 82/2000 out by the Department of any drilling operations s. 66(2). for minerals. (3) A person authorised to enter land under subsection (1) or (2)— (a) may do any thing on the land that is S. 112(3)(a) amended by necessary for the purposes of the survey, Nos 82/2000 search or drilling operations; and s. 66(2), 68/2014 s. 58(2)(b). (b) must cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and (c) must remain on the land only for so long as is reasonably necessary; and (d) must remove from the land on completion of S. 112(3)(d) amended by the survey, search or drilling operations all Nos 82/2000 plant, machinery, equipment, goods or s. 66(2), 68/2014 buildings brought onto, or erected on, the s. 58(2)(b). land other than any of those things that the owner or occupier agrees may be left on the land; and Authorised by the Chief Parliamentary Counsel 305 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous S. 112(3)(e) (e) must leave the land, as nearly as possible, in amended by the condition in which it was immediately Nos 82/2000 s. 66(2), before the commencement of the survey, 68/2014 search or drilling operations; and s. 58(2)(b). (f) must use the person's best endeavours to co-operate with the owner and occupier. S. 112(4) (4) Part 8 applies to any drilling operation under substituted by No. 82/2000 subsection (2)— s. 66(3). (a) as if a reference in that Part to a licensee was a reference to the Department; and (b) as if a reference in that Part to the approval of the work plan or the doing of work under the licence was a reference to the carrying out of the drilling operation. (5) Compensation is not payable for any loss or damage arising from the making of a survey under subsection (1). S. 112A 112A Minister may require review of economic viability of inserted by No. 59/2010 mining of minerals to which a retention licence s. 28. applies (1) The Minister may require the holder of a retention licence— (a) to re-evaluate the economic viability of the mining of a mineral to which the licence relates from the land covered by the licence; and (b) to report to the Minister in writing the results of the re-evaluation. (2) In making such a requirement, the Minister— (a) must make the requirement by giving the licensee written notice of the requirement; and Authorised by the Chief Parliamentary Counsel 306 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (b) must allow the licensee at least 90 days within which to comply with the requirement. (3) The Minister may, on the written application of the licensee, allow the licensee more time within which to comply with a requirement made under this section. (4) The Minister may not make a requirement under this section if the licensee has already complied with a requirement made under this section on 2 occasions in the 5 years immediately before the making of the requirement. (5) If the licensee fails to comply with a requirement made under this section, the Minister may cancel the licence.

113 Discovery of uranium or thorium to be reported (1) A person who discovers any uranium or thorium in or on any land in Victoria must immediately report in writing that discovery to the Minister. Penalty: 100 penalty units. (2) The Minister may, by notice served on the person reporting a discovery under subsection (1), require that person to give him or her the further particulars relating to the discovery specified in the notice within the period specified in the notice. (3) A person must comply with a notice served on that person under subsection (2). Penalty: 50 penalty units. (4) A person must not possess, use, sell or otherwise dispose of any uranium or thorium except under and in accordance with an authority granted by the Minister. Penalty: 100 penalty units. Authorised by the Chief Parliamentary Counsel 307 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (5) An authority granted by the Minister under subsection (4) may contain any terms and conditions that the Minister thinks fit. (6) The Minister may, by notice served on a person who is unlawfully in possession of any uranium or thorium, require that person to deliver the uranium or thorium to the Minister at the time and place specified in the notice. (7) A person must comply with a notice served on that person under subsection (6). Penalty: 100 penalty units. S. 113A 113A Discovery of coal seam gas to be reported inserted by No. 8/2017 s. 6. (1) A person who discovers any coal seam gas on any land must report in writing that discovery to the Minister as soon as practicable. (2) The Minister may, by notice served on the person reporting a discovery under subsection (1), require that person to provide the Minister with further details relating to the discovery specified in the notice within the period specified in the notice. (3) A person must comply with a notice served on that person under subsection (2). Penalty: 50 penalty units.

114 Abandoned plant becomes property of the Crown (1) If the licensee does not remove any plant from any land before, or within the period of 6 months after, the licence ceases to apply to that land, the plant becomes the absolute property of the Crown at the end of that period of 6 months. (2) Subsection (1) does not apply to plant brought onto land in connection with the rehabilitation of the land. Authorised by the Chief Parliamentary Counsel 308 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (3) The Minister may direct the former licensee to remove plant referred to in subsection (2) and if the former licensee does not do so within the period of 6 months after the giving of that direction, the plant becomes the absolute property of the Crown at the end of that period of six months. (4) Plant that becomes the property of the Crown may be disposed of, or otherwise dealt with, by the Minister. (5) Any money received by the Minister on the sale of S. 114(5) substituted by property under subsection (4) must— No. 82/2000 s. 67. (a) if the cost of taking action under section 83(1) in relation to any land covered by the licence exceeds the amount of the bond or bonds, be applied towards covering that cost; (b) in any other case, be paid into the Consolidated Fund. (6) If subsection (5)(a) applies and money remains S. 114(6) inserted by after the cost referred to in that subsection has No. 82/2000 been covered, that remaining money must be paid s. 67. into the Consolidated Fund. (7) Nothing in this section applies to any plant that is S. 114(7) inserted by on any land owned by the licensee or former No. 82/2000 licensee. s. 67.

115 Occupiers liability (1) For the purposes of Part IIA of the Wrongs Act 1958 and the rules of common law with respect to the liability of occupiers to persons entering on their premises, the licensee is the occupier of that part of any premises on which work is being done under a licence and not any other person. Authorised by the Chief Parliamentary Counsel 309 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (2) An occupier of any premises covered by a licence does not, unless the occupier is also the licensee, owe a duty to take care of any person entering on those premises for the purpose of doing work under the licence. S. 115(3) (3) An occupier of any premises does not owe a duty substituted by No. 68/2014 to take care of any person entering those premises s. 59. for the purposes of surveying the boundaries of land proposed to be covered by a mining licence, prospecting licence or retention licence— (a) with the consent of the occupier; or (b) under an authority to enter granted under section 26AS. S. 115(3A) (3A) Subsection (3) does not apply if the occupier is inserted by No. 68/2014 also the person who intends to apply for the s. 59. mining licence, prospecting licence or retention licence (as the case requires). (4) Subsections (2) and (3) apply despite anything to the contrary in Part IIA of the Wrongs Act 1958 or the rules of common law with respect to the liability of an occupier to a person entering on the occupier's premises. (5) Nothing in subsection (2) or (3) limits any other duty owed by an occupier to a person entering on the occupier's premises in the circumstances described in that subsection.

116 Licensee must supply information (1) A licensee must in the prescribed form and at the prescribed times furnish to the Minister the prescribed information relating to work done under the licence. Penalty: 20 penalty units. Authorised by the Chief Parliamentary Counsel 310 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (2) A document furnished under subsection (1) is the property of the Crown and may be made available by the Minister for inspection by the public at any time after the licence ceases to be in force. (3) The Minister may also make a document S. 116(3) substituted by furnished under subsection (1) available for No. 82/2000 inspection by the public— s. 68. (a) if the licensee consents to the Minister doing so; or (b) if the licensee refuses to consent to the Minister doing so, but the Minister is satisfied that the licensee is acting unreasonably in refusing to consent and that it is in the public interest that the information should be released while the licence is still in force. (4) Regulations made under subsection (1) may S. 116(4) inserted by require the licensee to lodge a detailed current No. 82/2000 plan of any mine within the area covered by the s. 68. licence.

116A Holder of extractive industry work authority or S. 116A inserted by consent to supply information No. 57/2009 s. 30. (1) The holder of an extractive industry work authority must (in the prescribed form and at the prescribed times) furnish to the Minister the prescribed information relating to work done under the extractive industry work authority. Penalty: 20 penalty units. (2) The holder of a consent under section 77A must (in the prescribed form and at the prescribed times) furnish to the Minister the prescribed information relating to any surveys and other operations authorised by the consent. Penalty: 20 penalty units. Authorised by the Chief Parliamentary Counsel 311 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (3) A document furnished under subsection (1) or (2) is the property of the Crown and may be made available by the Minister for inspection by the public at any time after the extractive industry work authority or consent under section 77A ceases to be in force.

117 Obtaining licence or other authority dishonestly A person must not, by any false statement, misrepresentation or other dishonest means, obtain or attempt to obtain a licence or other authority, or the renewal of a licence or other authority. Penalty: 50 penalty units.

118 Pecuniary interests (1) This section applies to a person who is for the time being— S. 118(1)(a) (a) the Department Head; or amended by No. 76/1998 s. 31(l). (b) an officer of the public service employed in the administration of this Act; or S. 118(1)(c) (c) a Chief Inspector; or amended by Nos 82/2000 s. 61(b), 6/2009 s. 37(a). S. 118(1)(d) (d) an inspector; or amended by No. 6/2009 s. 37(b). (e) a mining warden. Authorised by the Chief Parliamentary Counsel 312 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (2) A person to whom this section applies must comply with any of the requirements of the regulations with respect to disclosure of interests. Penalty: 50 penalty units.

119 Secrecy (1) This section applies to a person who has at any time— (a) exercised a power or discharged a function under this Act or the regulations; or (b) been employed for the purposes of, or in connection with, the administration of this Act. (2) A person to whom this section applies must not S. 119(2) amended by divulge or communicate to any person or publish No. 68/2014 any information obtained by him or her from an s. 60(1)(a). authority holder in the course of his or her official duties unless the divulgence, communication or publication is made— (a) with the written consent of the authority holder or the Minister; or (b) in connection with the administration of this Act; or (c) for the purpose of any legal proceedings under this Act. Penalty: 100 penalty units. (3) The Minister may only consent under S. 119(3) amended by subsection (2)(a) if he or she is of the opinion that No. 68/2014 the authority holder is unreasonably withholding s. 60(1)(b). consent. (4) In this section— S. 119(4) inserted by No. 68/2014 authority holder has the same meaning as in s. 60(2). section 77U. Authorised by the Chief Parliamentary Counsel 313 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous

120 Delegation S. 120(1) (1) The Minister may, by instrument, delegate to the amended by Nos 46/1998 Department Head or any employee in the s. 7(Sch. 1), Department any power of the Minister under this 76/1998 s. 31(l). Act or the regulations, other than this power of delegation. S. 120(2) (2) The Department Head may, by instrument, amended by Nos 46/1998 delegate to any employee in the Department any s. 7(Sch. 1), power of the Department Head under this Act or 76/1998 s. 31(l). the regulations, other than this power of delegation and a power delegated to him or her by the Minister. S. 120(3) (3) The Department Head may, by instrument, inserted by No. 57/2009 delegate to any employee in the Department any s. 31. power or function the Department Head has as a referral authority under the Planning and Environment Act 1987 or regulations under that Act. S. 120A 120A Ministerial guidelines inserted by No. 63/2006 s. 53. (1) The Minister may, from time to time, issue guidelines relating to any of the objectives or purposes of this Act or the regulations made under this Act. (2) A guideline has no effect until a notice of its making has been published in the Government Gazette. (3) The guidelines must be made available for public inspection free of charge— (a) at the principal office of the Department and major regional offices of the Department; or (b) in electronic form published on the Department's Internet site. Authorised by the Chief Parliamentary Counsel 314 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous

121 Immunity (1) Nothing done or omitted to be done by the S. 121(1) amended by Department Head or an employee of the Nos 46/1998 Department or a mining warden in good faith in s. 7(Sch. 1), 76/1998 the exercise or purported exercise of a power or s. 31(l). the discharge or purported discharge of a duty under this Act or the regulations subjects him or her personally to any liability. (2) Any liability that would, but for subsection (1), attach to a person attaches instead to the Crown.

121A State liability S. 121A inserted by No. 8/2017 (1) Despite any Act (other than the Charter of Human s. 7. Rights and Responsibilities) or law to the contrary, the State is not liable in any way for any loss, damage or injury of any kind resulting directly or indirectly from or arising out of— (a) the amendments made to this Act by the Resources Legislation Amendment (Fracking Ban) Act 2017; or (b) the refusal to accept an application for an exploration licence, a mining licence or a retention licence to the extent that the licence specifies that it is to relate to coal seam gas; or (c) the refusal to grant an exploration licence, a mining licence or a retention licence that would entitle the holder to explore for coal seam gas; or (d) the imposition of conditions relating to coal seam gas on an exploration licence, a mining licence or a retention licence; or (e) the variation of conditions relating to coal seam gas on an exploration licence, a mining licence or a retention licence; or Authorised by the Chief Parliamentary Counsel 315 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (f) the refusal to approve a work plan under which the exploration for, or the mining of, coal seam gas is proposed to be carried out; or (g) the refusal to approve a work plan under which hydraulic fracturing is proposed to be carried out; or (h) a decision under this Act not being made in relation to an application for— (i) an exploration licence, a mining licence or a retention licence to the extent that the licence specifies that it is to relate to coal seam gas; or (ii) an exploration licence, a mining licence or a retention licence that would entitle the holder to explore for coal seam gas; or (iii) the variation of conditions relating to coal seam gas on an exploration licence, a mining licence or a retention licence; or (iv) the approval of a work plan under which the exploration for, or the mining of, coal seam gas is proposed to be carried out; or (v) the approval a work plan under which hydraulic fracturing is proposed to be carried out. (2) Subsection (1)(b), (c), (d), (e), (f) and (g) apply to a refusal, imposition or variation made on or after

24 August 2012 and whether any loss, damage or injury resulting from or arising out of that refusal, imposition or variation is incurred before, on or after the commencement of this section. Authorised by the Chief Parliamentary Counsel 316 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (3) Subsection (1)(h) applies whether any loss, damage or injury resulting from or arising out of the fact that a decision is not made is incurred before, on or after the commencement of this section.

121B Minister may pay for surrender of licences S. 121B inserted by No. 8/2017 (1) The Minister may pay an amount, determined by s. 7. Order made under subsection (2), for the surrender within 6 months after the commencement of the Resources Legislation Amendment (Fracking Ban) Act 2017 of any of the following licences if the licence is in force immediately before that commencement— (a) an exploration licence under which the holder is entitled to carry out exploration for coal seam gas; (b) a mining licence or retention licence under which the holder is entitled to carry out mining of or exploration for coal seam gas. (2) The Minister may determine, by Order published in the Government Gazette, the amount for the purposes of subsection (1).

122 Service of documents (1) If by or under this Act a document is required or permitted to be served on a person then, unless otherwise provided by this Act, the document may be served— (a) by delivering it personally to the person to be served; or (b) by leaving it at that person's usual or last known place of residence with a person apparently over the age of 16 years and apparently residing there; or Authorised by the Chief Parliamentary Counsel 317 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (c) by sending it by post addressed to the person to be served at that person's usual or last known place of residence; or (d) in the case of service on an owner of any land or premises whose name and address are not known to the server, by serving it on the occupier of the land or premises concerned in accordance with paragraph (a) or (b) or, if there is no occupier, by posting it up on a conspicuous part of the land or premises; or (e) in the case of service on an occupier of any land or premises whose name and address are not known to the server, by posting it up on a conspicuous part of the land or premises. (2) A document that is to be served on the owner or occupier of any land or premises may be addressed by the description of "the owner" or "the occupier" of the land or premises concerned (naming it or them), without further name or description. S. 122(3) (3) The provisions of this section are additional to and amended by No. 44/2001 do not take away from the provisions of s. 3(Sch. sections 109X and 601CX of the Corporations item 82.2). Act. (4) If a document is properly served on the owner or occupier of any land or premises, that service is binding on every subsequent owner or occupier to the same extent as if it had been served on that subsequent owner or occupier. S. 123 123 Supreme Court—limitation of jurisdiction amended by No. 27/1991 s. 4(5), It is the intention of section 89(3), as inserted by substituted by section 60 of the Mineral Resources No. 82/2000 s. 69. Development (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975. Authorised by the Chief Parliamentary Counsel 318 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous

124 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) the rate or method of assessment, and the times of payment, of royalties; and (aa) methodologies for measuring the net wet S. 124(1)(aa) inserted by specific energy content of lignite; No. 59/2010 s. 49. (ab) the time at which, and the manner in which, S. 124(1)(ab) inserted by lignite may be sampled for the purpose of No. 59/2010 measuring the net wet specific energy s. 49. content of lignite; (b) applications for a licence and renewal of a licence; and (ba) applications for an extractive industry work S. 124(1)(ba) inserted by authority and variation of an extractive No. 6/2009 industry work authority; and s. 38(1). (c) the advertisement of applications for S. 124(1)(c) amended by licences; and No. 82/2000 s. 70(a). (d) the manner of surveying the boundaries of S. 124(1)(d) substituted by land; and No. 68/2014 s. 61. * * * * * S. 124(1)(e) repealed by No. 25/2008 s. 16(2). (f) the information to be contained in a work plan or in a notice of variation of an approved work plan; and (g) applications for a miner's right; and (h) applications for a tourist fossicking authority; and Authorised by the Chief Parliamentary Counsel 319 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous S. 124(1)(i) * * * * * repealed by No. 59/2010 s. 42(4). (j) the mining register; and (k) prescribing documents that may be registered; and (l) the qualifications of mine managers with respect to the administration of first-aid and the use of explosives; and S. 124(1)(m) (m) the method by which the amount of a mine repealed by No. 82/2000 stability levy is determined; and s. 70(b), new s. 124(1)(m) inserted by No. 57/2009 s. 32. S. 124(1)(n) (n) the date by which the mine stability levy or a repealed by No. 82/2000 part of the mine stability levy must be paid; s. 70(b), new and s. 124(1)(n) inserted by No. 57/2009 s. 32. S. 124(1)(o) (o) the method by which the mine stability levy repealed by No. 63/2006 or a part of the mine stability levy must be s. 54, new paid; and s. 124(1)(o) inserted by No. 57/2009 s. 32. S. 124(1)(oa) (oa) the period to which the mine stability levy inserted by No. 57/2009 will relate; and s. 32. Authorised by the Chief Parliamentary Counsel 320 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (ob) prescribing requirements for licensees or S. 124(1)(ob) holders of extractive industry work inserted by No. 57/2009 authorities that relate to geotechnical or s. 32, hydrogeological risks to public safety, the amended by No. 55/2010 environment or infrastructure; and s. 56(2). (oc) prescribing in relation to the rehabilitation S. 124(1)(oc) inserted by and closure of mines on declared mine land No. 32/2019 and the rehabilitation, management and s. 47(1). monitoring of registered mine land— (i) the matters to be included in and requirements of declared mine rehabilitation plans; and (ii) the matters to be included in and the process for determining the closure criteria for the closure of a mine on declared mine land; and (iii) the risks to public safety, the environment and infrastructure to be taken into account in determining the closure criteria for the closure of a declared mine including the risks posed by geotechnical, hydrogeological, water quality or hydrological matters; and (iv) the criteria and process for assessing the rehabilitation of declared mine land; and (v) the process for registering declared mine land in the declared mine land register; and (vi) the process and method for determining the amount to be paid to the Minister by a declared mine licensee or for determining payment into the Declared Mine Fund under section 83A; and Authorised by the Chief Parliamentary Counsel 321 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous S. 124(1)(od) (od) the carrying out of a function or power by inserted by the Rehabilitation Authority; and No. 32/2019 s. 47(1). (p) prescribing— (i) infringements for which an infringement notice may be served; and S. 124(1) * * * * * (p)(ii)(iii) repealed by No. 32/2006 s. 94(Sch. item 33(4)(a)). S. 124(1)(q) (q) the penalties for any infringement; and amended by No. 32/2006 s. 94(Sch. item 33(4)(b)). S. 124(1)(qa) * * * * * inserted by No. 86/1993 s. 35(1), repealed by No. 55/2010 s. 55. S. 124(1)(qb) (qb) the health and safety of members of the inserted by No. 86/1993 public in relation to work done under a s. 35(1), licence or an extractive industry work amended by No. 6/2009 authority; s. 38(2). S. 124(1)(qc) (qc) requiring that any information required by inserted by No. 86/1993 the regulations be in the form of, or be s. 35(1). supported by, a statutory declaration; (r) the disposal of, or otherwise dealing with, by the Minister of plant that becomes the property of the Crown under section 114; and Authorised by the Chief Parliamentary Counsel 322 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (s) the information to be furnished to the Minister under section 116(1) and the times at which it must be furnished; and (t) requirements with respect to the disclosure of interests by persons to whom section 118 applies; and (u) applications under clause 2(10) of Schedule 2; and (v) requiring the payment of fees for anything S. 124(1)(v) substituted by done under this Act or the regulations and No. 82/2000 prescribing those fees; and s. 70(c). (w) prescribing forms; and (x) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) A power conferred by this Act to make regulations may be exercised— (a) either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and (b) so as to make, with respect to the cases in relation to which the power is exercised— (i) the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or (ii) any such provision either unconditionally or subject to any specified condition. Authorised by the Chief Parliamentary Counsel 323 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (3) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; or (iii) as specified in both subparagraphs (i) and (ii); and (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or a specified class of persons; or (iii) as specified in both subparagraphs (i) and (ii); and (c) so as to apply, adopt or incorporate (with or without modification) any matter contained in any document as at the time the regulations are made or at any time before then; and (d) so as to confer a discretionary authority or impose a duty on a specified person or a specified class of persons; and (e) so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and Authorised by the Chief Parliamentary Counsel 324 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (f) so as to impose a penalty not exceeding 100 penalty units for a contravention of the regulations and, in the case of a contravention of a continuing nature, a further penalty not exceeding 40 penalty units for each day during which the contravention continues after conviction. (3A) Regulations made under subsection (1)(qa) or (qb) S. 124(3A) inserted by must not be inconsistent with any provision of the No. 86/1993 Dangerous Goods Act 1985 or the regulations s. 35(2). made under that Act and any regulation made under that subsection that is so inconsistent is, to the extent of the inconsistency, of no effect. (4) Regulations made under this Act may be S. 124(4) amended by disallowed in whole or in part by resolution of No. 78/2010 either House of Parliament. s. 24(Sch. 1 item 20.1). * * * * * S. 124(5) repealed by No. 78/2010 s. 24(Sch. 1 item 20.2). (6) If, under subsection (4), either House of Parliament disallows a regulation, no regulation which is the same in substance as the disallowed regulation may be made within 6 months after the date of the disallowance, unless the resolution to disallow the regulation has been rescinded by the House of Parliament by which it was passed. (7) Any regulation made in contravention of subsection (6) is void. (8) Regulations made under subsection (1)(v) may— S. 124(8) inserted by No. 69/2004 (a) vary according to differences in time, place s. 56. or circumstance; and Authorised by the Chief Parliamentary Counsel 325 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 13—Miscellaneous (b) provide for different fees for— (i) different activities or classes of activities; or (ii) different cases or classes of cases; or (iii) different modes of providing any service in respect of which those fees apply. S. 124(9)–(12) * * * * * inserted by No. 32/2019 s. 47(2), repealed by No. 32/2019 s. 48. S. 125 * * * * * repealed by No. 86/1993 s. 36. Authorised by the Chief Parliamentary Counsel 326 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 14—Repeals, amendments, savings and transitionals Part 14—Repeals, amendments, savings and transitionals * * * * * S. 126 amended by No. 70/2013 s. 3(Sch. 1 item 34), repealed by No. 68/2014 s. 62.

127 Validation of existing titles (1) A lease, licence, claim, right, permit or other authority granted, issued or renewed under the Mines Act 1958 is not invalid only because there was a failure to comply with any requirement of that Act or of the regulations made under that Act specifying a time before which any act or thing must be done or not done. (2) An instrument referred to in subsection (1) has, and must be taken always to have had, the same operation and effect that it would have had if this section had been in operation at the time it was granted, issued or renewed, as the case requires. (3) The rights of the parties to any proceeding commenced in a court before 2 November 1989 must be determined as if this section had not been enacted. * * * * * S. 128 repealed by No. 68/2014 s. 62.

129 Savings and transitionals (1) Schedule 2 contains saving and transitional provisions. Authorised by the Chief Parliamentary Counsel 327 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 14—Repeals, amendments, savings and transitionals (2) The provisions of Schedule 2 are additional to and do not take away from the provisions of the Interpretation of Legislation Act 1984. S. 130 130 Saving and transitional provisions— inserted by No. 82/2000 2000 amendments s. 71. Schedule 5 contains saving and transitional provisions arising from the amendments made to this Act by the Mineral Resources Development (Amendment) Act 2000. S. 131 131 Saving and transitional provisions— inserted by No. 71/2001 2001 amendments s. 5. Schedule 6 contains saving and transitional provisions arising from the amendments made to this Act by the Mineral Resources Development (Further Amendment) Act 2001. S. 132 132 Transitional provision—2005 amendments inserted by No. 89/2005 s. 6. The amendments made to this Act by the Mineral Resources Development (Brown Coal Royalties) Act 2005 do not affect the rate at which royalties are payable in respect of any lignite produced before the commencement of that Act. S. 133 133 Validation of certain exploration and mining inserted by No. 63/2006 work—2006 amendments s. 55. (1) Despite section 45 (as in force immediately before the commencement date), a licensee who, before the commencement date, did any work under the licence within an area of land prohibited by section 45(1)(a)(i) to (x) (as in force immediately before the commencement date) or within 100 metres below that area is deemed always to have complied with section 45 in respect of that work if— Authorised by the Chief Parliamentary Counsel 328 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 14—Repeals, amendments, savings and transitionals (a) at the time the work was done an approved work plan and, in the case of a mining licence, a work authority, was registered in respect of the licence; and (b) the work was done in accordance with the approved work plan. (2) Nothing in subsection (1) affects the rights of the parties in the proceedings in VCAT known as Tech-Sol Resources Pty Ltd v Minister for Energy Industries and Resources [2004] VCAT 1648 and [2004] VCAT 1654. (3) In this section commencement date means the date of commencement of section 34 of the Mineral Resources Development (Sustainable Development) Act 2006.

134 Change of title provision—2006 amendments S. 134 inserted by No. 63/2006 On the commencement of section 4 of the s. 55. Mineral Resources Development (Sustainable Development) Act 2006, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, any reference to the Mineral Resources Development Act 1990 is deemed to be a reference to the Mineral Resources (Sustainable Development) Act 1990 so far as it applies to any period on or after that commencement, unless the contrary intention appears.

135 Transitional provision—2006 amendments S. 135 inserted by No. 63/2006 A person who held a licence immediately before s. 56. the commencement of section 26(2) of the Mineral Resources Development (Sustainable Development) Act 2006 is not required to provide a community engagement plan in accordance with section 40(3)(b)(ii) as part of the work plan for that licence if the person before that commencement had lodged a work plan under Authorised by the Chief Parliamentary Counsel 329 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 14—Repeals, amendments, savings and transitionals section 40 and the work plan had not been approved. Note A licensee who is not required under section 135 to provide a community engagement plan under section 40 as part of the initial work plan may be required to provide a community engagement plan when the work plan is subsequently varied or the licence is renewed. S. 135A 135A Transitional provision—2010 amendments inserted by No. 59/2010 abolishing the Mining and Environment Advisory s. 50. Committee On the day section 39 of the Mineral Resources Amendment (Sustainable Development) Act 2010 comes into operation— (a) the Mining and Environment Advisory Committee is abolished; and (b) a person holding office as a member of the Mining and Environment Advisory Committee ceases to hold office. S. 136 136 Saving and transitional provisions— inserted by No. 6/2009 2009 amendments s. 39. Schedule 7 has effect. S. 137 137 Savings and transitional provisions— inserted by No. 59/2010 2010 amendments s. 29. Schedule 8 has effect. S. 138 138 Transitional provision—2012 amendments inserted by No. 84/2012 s. 8. (1) A court may make an order under section 110(3A) in relation to any offence against section 110(3) committed after the commencement of section 6 of the amending Act, whether or not the notice in respect of which the offence is committed is issued before or after that commencement. Authorised by the Chief Parliamentary Counsel 330 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 14—Repeals, amendments, savings and transitionals (2) If an offence against section 110(3) is committed between 2 dates and section 6 of the amending Act commences on a date between those 2 dates, for the purposes of subsection (1), the offence is taken to have been committed after that commencement. (3) The Minister may apply for an injunction under section 110AA(1) in relation to any non- compliance with a notice that occurs after the commencement of section 7 of the amending Act, whether or not the notice is issued before or after that commencement. (4) If non-compliance with a notice occurs between 2 dates and section 7 of the amending Act commences on a date between those 2 dates, for the purposes of subsection (3), the non- compliance is taken to have occurred after that commencement. (5) In this section, amending Act means the Mineral Resources (Sustainable Development) Amendment Act 2012.

139 Savings and transitional provisions— S. 139 inserted by 2014 amendments No. 10/2014 s. 40. Schedule 9 has effect.

140 Savings and transitional provisions—Resources S. 140 inserted by Legislation Amendment (BTEX Prohibition and No. 68/2014 Other Matters) Act 2014 s. 65. (1) A person who made an application for a mining licence, prospecting licence or retention licence (whether or not that application has been granted) immediately before the commencement of section 15(1BH) of the Mineral Resources (Sustainable Development) Act 1990 as inserted by section 20 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 must continue to comply with Authorised by the Chief Parliamentary Counsel 331 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 14—Repeals, amendments, savings and transitionals sections 38AA to 38AE of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before their repeal). (2) The requirements of section 15(1BH) of the Mineral Resources (Sustainable Development) Act 1990 as inserted by section 20 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 do not apply to an application for a mining licence, prospecting licence or retention licence that was made immediately before the commencement of that section. (3) If, immediately before the commencement of section 37 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, the Minister received a request to approve an instrument of transfer under section 33 of the Mineral Resources (Sustainable Development) Act 1990, section 33(3) of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before that commencement) applies to that request for approval. (4) A person who complied with the requirements of section 77S(1) of the Mineral Resources (Sustainable Development) Act 1990 (as in force immediately before the commencement of section 48 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014) is not required to comply with section 77S(1) as amended by section 48 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 in respect of that application for an extractive industry work authority. Authorised by the Chief Parliamentary Counsel 332 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 14—Repeals, amendments, savings and transitionals

141 Transitional provision—Mineral Resources S. 141 (Sustainable Development) Amendment Act 2019 inserted by No. 32/2019 (1) A prospecting licence that was in force s. 62. immediately before the commencement of section 54 of the Mineral Resources (Sustainable Development) Amendment Act 2019 is taken, on and after that commencement, to be in force for the period beginning on the date the prospecting licence is registered and ending on the seventh anniversary of that date, unless sooner surrendered or cancelled. (2) Section 14B as in force on or after the commencement of section 54 of the Mineral Resources (Sustainable Development) Amendment Act 2019 applies to an application that is in existence but not decided immediately before that commencement.

142 Transitional provisions—Mineral Resources S. 142 inserted by (Sustainable Development) Amendment Act 2019 No. 32/2019 s. 49. (1) The Rehabilitation Authority must prepare or continue and complete the annual report of the Commissioner for a period of time prior to

30 September 2020, if this has not been completed by the Commissioner before the commencement of section 15 of the Mineral Resources (Sustainable Development) Amendment Act 2019. (2) The Rehabilitation Authority must complete any review of a Latrobe Valley licensee commenced by the Commissioner under section 84AZK before the commencement of section 42 of the Mineral Resources (Sustainable Development) Amendment Act 2019 if it is not complete on that commencement. Authorised by the Chief Parliamentary Counsel 333 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Part 14—Repeals, amendments, savings and transitionals (3) The Rehabilitation Authority must complete the investigation of a matter referred to the Commissioner by the Minister under section 84AQ before the commencement of section 22 of the Mineral Resources (Sustainable Development) Amendment Act 2019 that is incomplete immediately before that commencement. (4) Any notice issued by the Commissioner under Division 6 of Part 7A before the commencement of sections 32 and 33 of the Mineral Resources (Sustainable Development) Amendment Act 2019 is taken on and from that commencement to be a notice issued by the Rehabilitation Authority. (5) On and from the commencement of section 15 of the Mineral Resources (Sustainable Development) Amendment Act 2019 any records of the Commissioner are taken to be records of the Rehabilitation Authority. Authorised by the Chief Parliamentary Counsel 334 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedules Schedules * * * * * Sch. 1 amended by Nos 27/1991 s. 4(6), 29/2006 s. 3, 63/2006 s. 57, 33/2014 s. 12, repealed by No. 68/2014 s. 62. Authorised by the Chief Parliamentary Counsel 335 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals Schedule 2—Savings and transitionals Section 129 1. (1) Subject to anything provided by this Act expressly or by necessary implication, the repeal by this Act of a provision of the Mines Act 1958 does not disturb the continuity of status, operation or effect of— (a) any lease, licence, claim, right, permit, certificate or authority granted, issued, given or renewed; or (b) any application for, or for the renewal of, a lease, licence, claim, right, permit, certificate or authority made; or (c) any objection made or lodged; or (d) any agreement (including a tribute agreement) or appointment made; or (e) any Order made; or (f) any approval, consent or other authority granted or given; or (g) any money borrowed, lent or appropriated or any amount payable; or (h) any bond or security lodged; or (i) any surety or security given; or (j) any charge on property created; or (k) any property vested; or (l) any notice given or served; or (m) any liability incurred; or (n) any power conferred; or (o) any entitlement granted; or (p) any right or privilege given or acquired; or Authorised by the Chief Parliamentary Counsel 336 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals (q) any exemption or immunity granted or conferred; or (r) any circumstances created; or (s) any other thing done— by or under that provision before its repeal. (2) The repeal by this Act of a provision of the Mines Act 1958 does not disturb the continuity of status, operation or effect of the registration under the Transfer of Land Act 1958 of any document existing for the purposes of, or in connection with, that provision or the capacity of any such document to be registered under the Transfer of Land Act 1958. 2. (1) In this clause— corresponding new title, in relation to a former title, means the licence, right or authority of the kind specified opposite the former title in column 2 of the Table in subclause (2); former title means lease, licence, claim, right, permit or authority of a kind specified in column 1 of the Table in subclause (2). (2) A lease, licence, claim, right, permit or authority under the Mines Act 1958 of a kind specified in column 1 of the Table that is in force immediately before the commencement of this clause has effect, subject to this clause, for the remainder of the term or period for which it was granted, issued or renewed (as the case requires) as if it were a licence, right or authority under this Act of the kind specified opposite it in column 2 of the Table. Authorised by the Chief Parliamentary Counsel 337 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals TABLE Column 1 Column 2 Exploration licence Exploration licence Prospecting area licence Exploration licence Searching permit Exploration licence Miner's right Miner's right Development lease Mining licence Licence under section 65 Mining licence Mining lease Mining licence Mining purposes licence Mining licence Registration of land as a Mining licence claim Tailings removal licence Mining licence Tailings treatment licence Mining licence Authority under section Tourist mine authority 46A(1) or 46B(1) (3) A former title that, by virtue of subclause (2), continues in force as if it were a new title— (a) subject to paragraph (b), continues in force subject to the same covenants, conditions, restrictions, limitations, reservations, exceptions or other provisions to which it was subject immediately before the commencement of this clause; and (b) may be renewed (subject to subclause (12)), transferred, varied, amalgamated, surrendered or cancelled only in accordance with this Act, despite anything to the contrary in the former title or in the Mines Act 1958 or in the regulations made under that Act. Authorised by the Chief Parliamentary Counsel 338 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals (4) An application for the grant, issue or renewal of a former title made before the commencement of this clause and not determined at that commencement has effect as if it were an application for the corresponding new title. (5) A former title continues in operation until the determination of an application for its renewal that, by virtue of subclause (4), has effect as an application for the corresponding new title. (6) Section 23 applies to an application that, by virtue of subclause (4), has effect as an application for the corresponding new title as if it had been on the day of its receipt an application for a licence under this Act. (7) Section 26(5) applies to an application that, by virtue of subclause (4), has effect as an application for the corresponding new title as if for the reference to 3 months there were substituted a reference to 12 months. (8) This Act applies to an application for the renewal of an exploration licence under the Mines Act 1958 that, by virtue of subclause (4), has effect as an application for an exploration licence under this Act as if— (a) the reference in section 13(3)(a) to 2 years were a reference to 1 year; and (b) it did not contain section 28. (9) If by virtue of subclause (4) an exploration licence under this Act is granted on an application for the renewal of an exploration licence under the Mines Act 1958 then— (a) in calculating, for the purposes of sections 16(1), 25(1)(c), 32(2) and 33, the period for which an exploration licence has been in operation account must be taken of Authorised by the Chief Parliamentary Counsel 339 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals the period for which the former licence was in operation; and (b) if the application was for the first or third renewal of the former licence, section 30 applies as if the grant of the new licence was the first or third renewal (as the case requires) of the former licence. (10) The holder of a former title may apply to the Minister in accordance with the regulations to have that former title converted into the corresponding new title. (11) The Minister may, subject to this Act, grant or refuse an application under subclause (10). (12) Despite subclause (3)(b), when a former title is renewed as provided for in this Schedule, the Minister may approve the continued operation of any underground workings, surface workings or open cut operations that were, immediately before the commencement of this subclause, in operation in accordance with the former title. (13) A person who continues any operation with the approval of the Minister under subclause (12) is not guilty of an offence under section 45(1) in respect of that operation. Sch. 2 item 2A 2A. (1) Section 10 applies to tailings produced before the inserted by No. 86/1993 commencement of this clause and to which a s. 37. former title within the meaning of clause 2 does not apply at that commencement. (2) Any tailings to which subclause (1) applies that are situated on land covered by a former title within the meaning of clause 2 that is in force immediately before the commencement of this clause must be taken to be included in the corresponding new title within the meaning of that clause. Authorised by the Chief Parliamentary Counsel 340 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals (3) Despite subclause (2), the Minister may after the day on which the Mineral Resources Development (Amendment) Act 1993 receives the Royal Assent grant a licence over tailings referred to in that subclause on an application made before that day as if those tailings were not included in the corresponding new title and, if the Minister does so, those tailings must be taken not to be, and to have never been, included in the corresponding new title by virtue of that subclause. (4) On the expiry without renewal of a licence referred to in subclause (3), the tailings covered by that licence must be taken to be included in any licence in which they would have been included at that time by virtue of subclause (2) but for subclause (3). 3. (1) The person nominated under section 413(1)(a) of the Mines Act 1958 to perform the duties of the Chief Mining Inspector immediately before the commencement of section 90 of this Act holds office as chief mining inspector under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment. (2) A person nominated under section 413(1)(b) of the Mines Act 1958 to perform the duties of an inspector of mines immediately before the commencement of section 90 of this Act holds office as an inspector of mines under and subject to this Act and the Public Service Act 1974 on and from that commencement without any further appointment. (3) The person who holds office as the mining warden immediately before the commencement of section 96 holds office as a mining warden under and subject to this Act on and from that Authorised by the Chief Parliamentary Counsel 341 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals commencement for the balance of his or her term of appointment without any further appointment. 4. (1) Any land excepted as described in section 7(1) or 347(1) of the Mines Act 1958 immediately before the commencement of this clause must be taken to be exempted under this Act from being subject to an exploration licence and a mining licence. (2) Any land excepted as described in section 514(17) of the Mines Act 1958 immediately before the commencement of this clause must be taken to be exempted under this Act from being subject to an exploration licence. (3) The Governor in Council may, by Order published in the Government Gazette, vary or revoke either in whole or in part an exception that, by virtue of subclause (1) or (2), must be taken to be an exemption under this Act. 5. A person who holds a permit under section 386 of the Mines Act 1958 immediately before the commencement of section 94 of this Act must be taken to hold a mine manager's certificate for the period and subject to the conditions specified in or prescribed by or under that Act. 6. An authority granted under section 511(2) of the Mines Act 1958 must be taken for the purposes of section 113(4) of this Act to have been granted by the Minister under that section of this Act. 7. Section 114 applies to plant left on land after an instrument referred to in section 59(1) of the Mines Act 1958 ceases to apply to that land in the same way that it applies to plant left on land after a licence ceases to apply to that land with the modification that for any reference to a period of 6 months there is to be substituted a reference to the period that Authorised by the Chief Parliamentary Counsel 342 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals was applicable in relation to the instrument under section 59(1) of the Mines Act 1958. 8. Any provision of the Mines Act 1958 that is repealed by this Act continues, despite its repeal, to apply to and in relation to— (a) any proceeding or appeal under that provision pending before a court or the Administrative Appeals Tribunal; or (b) any dispute or other matter under that provision pending before a Land Valuation Board of Review established under Part III of the Valuation of Land Act 1960; or (c) any investigation or inquiry under that provision pending before the mining warden; or (d) any inquiry under that provision pending before the Board of Examiners for Mine Managers; or (e) any inquiry or other matter under that provision pending before the Minister; or (f) any arbitration under that provision pending— immediately before that repeal as if this Act had not been enacted. 9. Division 1A of Part III of the Mines Act 1958 continues, despite its repeal, to apply with respect to any tribute agreement in force immediately before that repeal. 10. Section 527 of the Mines Act 1958 continues, despite its repeal, to apply with respect to returns furnished under subsection (1) of that section or any corresponding previous enactment. 11. (1) Any drainage board appointed under Division 4 of Part III. of the Mines Act 1958 is abolished and its members go out of office on the commencement of this subclause. Authorised by the Chief Parliamentary Counsel 343 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 2—Savings and transitionals (2) Any sludge abatement trust appointed under Subdivision 3 of Division 5 of Part III. of the Mines Act 1958 is abolished and its members go out of office on the commencement of this subclause. (3) The Mining Consultative Committee established under Division 1 of Part IVA of the Mines Act 1958 is abolished and its members go out of office on the commencement of this subclause. 12. Any land that was, immediately before the commencement of item 4 of Schedule 1, reserved under section 7 of the Crown Land (Reserves) Act 1978 must for the purposes of this Act be taken, on and after that commencement, to be nominated under that section as substituted by that item. Sch. 2 cl. 13 13. (1) In this clause— inserted by No. 7/1994 s. 7. (a) extractive industry title means a lease, licence or permit— (i) granted or issued under the Extractive Industries Act 1966 and in force in respect of a substance immediately before that substance became a mineral within the meaning of this Act; or (ii) granted or issued in respect of a substance under that Act on an extractive industry title application after that substance became a mineral within the meaning of this Act; (b) extractive industry title application means an application for the grant or issue of a lease, licence or permit under the Extractive Industries Act 1966 in respect of a substance where the application is made before, but not determined at, the date on which that substance became a mineral within the meaning of this Act; Authorised by the Chief Parliamentary Counsel 344 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990

Schedule 2—Savings and transitionals (c) a reference to a substance becoming a mineral within the meaning of this Act is a reference to it becoming such a mineral by virtue of being specified in Schedule 4 to this Act. (2) The fact that a substance has become a mineral within the meaning of this Act does not disturb the continuity of status, operation or effect of— (a) an extractive industry title; or (b) an extractive industry title application; or (c) an application for the assignment, transfer, consolidation, variation or renewal of an extractive industry title; or (d) any right to make an application of a kind referred to in paragraph (c); or (e) an assignment of an interest in an extractive industry title application or any right to make such an assignment. (3) An extractive industry title may be varied, renewed, assigned, transferred, consolidated, suspended, cancelled or revoked in accordance with the Extractive Industries Act 1966 as if the substance to which the title applies were not a mineral within the meaning of this Act. Authorised by the Chief Parliamentary Counsel 345 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 3—Restricted Crown land Sch. 3 inserted by Schedule 3—Restricted Crown land No. 86/1993 Section 4(1) s. 38. Sch. 3 cl. 1 1. In this Schedule— amended by No. 50/2002 s. 24(1)(2) relevant recommendation means a recommendation that substituted by proposes that land is to be reserved under the Crown No. 64/2004 s. 34(1), Land (Reserves) Act 1978 for any of the following amended by purposes— Nos 29/2006 s. 3(Sch. 1 (a) regional parks; item 23.2(a)), 82/2009 (b) coastal parks (including Gippsland Lakes s. 42(1)(2). Reserve); (c) marine parks; (d) flora or flora and fauna reserves; (e) wildlife reserves or wildlife areas (including Wildlife Management Co-Operative Areas); (f) natural features reserves, scenic reserves, cave reserves, geological reserves or natural features and scenic reserves; (g) bushland reserves; (h) historic areas or historic reserves; (i) public land water frontage reserves; (j) streamside reserves; (k) coastal reserves; (l) national heritage parks; (m) nature conservation reserves; (n) historic and cultural features reserves. Authorised by the Chief Parliamentary Counsel 346 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 3—Restricted Crown land 1A. Any land that is the subject of a relevant Sch. 3 cl. 1A recommendation of the Victorian Environmental inserted by No. 64/2004 Assessment Council that has been accepted by the s. 34(1), Government under Part 3 of the Victorian amended by No. 29/2006 Environmental Assessment Council Act 2001. s. 3(Sch. 1 item 23.2(b)). 1B. Any land— Sch. 3 cl. 1B inserted by No. 64/2004 s. 34(1), amended by No. 29/2006 s. 3(Sch. 1 item 23.2(c)). (a) to which clause 1A does not apply; and Sch. 3 cl. 1B(a) amended by No. 29/2006 s. 3(Sch. 1 item 23.2(d)). (b) that is not the subject of any other recommendation of the Victorian Environmental Assessment Council that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001— if that land is the subject of a relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force). 2. Any land that is an alpine resort within the meaning of the Alpine Resorts Act 1983. 3. Any land that is a heritage river area under section 5 of the Heritage Rivers Act 1992 other than land to which paragraph (a) or (b) of section 6 of this Act applies. Authorised by the Chief Parliamentary Counsel 347 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 3—Restricted Crown land 4. Any land that is a natural catchment area under section 6 of the Heritage Rivers Act 1992 other than land to which paragraph (a) or (b) of section 6 of this Act applies. Sch. 3 cl. 4A 4A. Any land that is described in Divisions 1 to 6 and 9 of inserted by No. 50/2002 Part 3 and Division 1 of Part 4 of the Fifth Schedule to s. 24(3), the Crown Land (Reserves) Act 1978. substituted by Nos 64/2004 s. 34(2), 57/2006 s. 31(1), amended by No. 90/2009 s. 25(1). Sch. 3 cl. 4AB 4AB. Any land described in Division 2A of Part 4A of the inserted by No. 82/2009 Fifth Schedule to the Crown Land (Reserves) Act 1978. s. 42(3). Sch. 3 cl. 4AC 4AC. Any land described in Division 6 of Part 4A of the Fifth inserted by No. 12/2016 Schedule to the Crown Land (Reserves) Act 1978. s. 11. Sch. 3 cl. 4AD 4AD. Any land described in Division 7 of Part 4A of the Fifth inserted by No. 12/2016 Schedule to the Crown Land (Reserves) Act 1978. s. 12. Sch. 3 cl. 4AE 4AE. Any land described in Part 1 of Schedule Nine to the inserted by No. 40/2020 National Parks Act 1975. s. 61. Sch. 3 cl. 4B 4B. Any land that is described in Part 8 of Schedule Four to inserted by No. 57/2006 the National Parks Act 1975. s. 31(2). Sch. 3 cl. 4BA 4BA. Any land described in Divisions 4 and 5 of Part 4A of inserted by No. 82/2009 the Fifth Schedule to the Crown Land (Reserves) Act s. 42(4). 1978. Sch. 3 cl. 4BB 4BB. Any land described in Division 4 of Part 5 of the Fifth inserted by No. 12/2016 Schedule to the Crown Land (Reserves) Act 1978. s. 13. Authorised by the Chief Parliamentary Counsel 348 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990

Schedule 3—Restricted Crown land 4C. Any land described in Division 1 or 2 of Part 7 of the Sch. 3 cl. 4C Fifth Schedule to the Crown Land (Reserves) Act 1978. inserted by No. 54/2008 s. 23. 4D. Any land described in Divisions 15 to 26 of Part 1 of the Sch. 3 cl. 4D inserted by Fifth Schedule to the Crown Land (Reserves) Act 1978. No. 90/2009 s. 25(2). 5. Any other Crown land (other than land to which Sch. 3 cl. 5 amended by paragraph (a) or (b) of section 6 applies) that the No. 63/2006 Minister and the Crown land Minister, by notice s. 58. published in the Government Gazette, declare to be restricted Crown land for the purposes of this Act. 6. Despite anything to the contrary in this Schedule, any Sch. 3 cl. 6 inserted by land shown delineated and coloured grey on the plan No. 57/2006 lodged in the Central Plan Office and numbered s. 31(3), amended by LEGL./06–260 is to be taken not to be land specified Nos 70/2013 in this Schedule for the purposes of the definition of s. 4(Sch. 2 item 32.3), restricted Crown land. 53/2017 s. 17. Authorised by the Chief Parliamentary Counsel 349 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 4—Minerals Sch. 4 inserted by

Schedule 4—Minerals No. 7/1994 1. Bentonite. s. 5, amended by No. 71/2001 2. Fine clay. s. 3(1)(c). 3. Kaolin. 4. Lignite. 5. Minerals in alluvial form including those of titanium, zirconium, rare earth elements and platinoid group elements. * * * * * 7. Quartz crystals. 8. Zeolite. Authorised by the Chief Parliamentary Counsel 350 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 4A—Low impact exploration Schedule 4A—Low impact exploration Sch. 4A inserted by Section 4(1) No. 10/2014 s. 41, 1 In this Act— amended by No. 28/2019 s. 52. low impact exploration means exploration that does not involve any of the following— (a) the use of explosives; (b) the taking of flora that is a member of a taxon of flora that is specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988, unless that flora is taken from private land that is not owned by a public authority; (c) the taking of flora that is a part or a member of a community of flora that is specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988, unless that community is found on private land that is not owned by a public authority; (d) the taking of fauna that is a member of a taxon of fauna, or that is a part or member of a community of fauna, that is specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988; (e) the taking of any taxon or community of flora or fauna from any habitat or parts of habitat under section 20 of the Flora and Fauna Guarantee Act 1988; (f) the removal or damaging of more than 1 hectare of native vegetation if that area does not contain any native trees during either the term of the licence or Authorised by the Chief Parliamentary Counsel 351 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 4A—Low impact exploration a period of 5 years from the grant of the licence, whichever ends first; (g) the removal or damaging of more than 15 native trees that have a trunk diameter of less than 40 cm at a height of 1.3 metres above ground level during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first; (h) the removal or damaging of more than 5 native trees that have a trunk diameter of 40 cm or more at a height of 1.3 metres above ground level during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first; (i) the creation of any road, structure or hardstand area without the consent of the owner or occupier of the land on which it is created; (j) the use of any closed road without the consent of the owner or occupier of the land on which the road is located, or undertaking works on any road without the consent of the owner or occupier of the land on which the road is located; (k) ground intrusive work that— (i) is within 200 metres of a waterway; or (ii) is on a slope steeper than 1 vertical : 3 horizontal; or (iii) is of greater than 2 hectares in an area of cultural heritage sensitivity during either the term of the licence or a period of 5 years from Authorised by the Chief Parliamentary Counsel 352 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 4A—Low impact exploration the grant of the licence, whichever ends first; or (iv) involves taking water from an aquifer, hydraulic fracturing, or excavation using heavy earth moving equipment. 2 In this Schedule— area of cultural heritage sensitivity means an area specified as an area of cultural heritage sensitivity under regulations made under the Aboriginal Heritage Act 2006; closed road means a road lawfully closed to public access by barriers (including roads closed seasonally, temporarily or permanently, and management vehicle only roads), roads which have been rehabilitated, and roads which are not trafficable due to the regrowth of vegetation; community has the same meaning as in the Flora and Fauna Guarantee Act 1988; critical habitat has the same meaning as in the Flora and Fauna Guarantee Act 1988; damaging, in relation to native trees or vegetation, means all activities that impact native vegetation, but does not include— (a) lopping or trimming no more than one third of the foliage or a tree or shrub (not including the trunk); or (b) mowing or slashing native grasses (but not trees, shrubs or groundcovers) to a height greater than 10 cm; fauna has the same meaning as in the Flora and Fauna Guarantee Act 1988; Authorised by the Chief Parliamentary Counsel 353 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 4A—Low impact exploration flora has the same meaning as in the Flora and Fauna Guarantee Act 1988; ground intrusive work means work that disturbs the topsoil or surface rock layer of the ground by machinery (other than hand-held machinery) in the course of drilling a hole, ground levelling or augering; hardstand area means an open ground area with a prepared surface that is used for storing material and standing vehicles; hydraulic fracturing means the injection of water and other materials into a bore under pressure; native tree means a tree that is indigenous to Victoria; native vegetation means plants indigenous to Victoria including trees, shrubs, herbs and grasses; public authority has the same meaning as in the Flora and Fauna Guarantee Act 1988; road means a road within the meaning of the Road Management Act 2004 and includes Crown land permanently or temporarily formed for the passage of motor vehicles having four or more wheels, and land specified as an unused road under section 400 of the Land Act 1958; structure means materials that have been erected for the purpose of facilitating exploration activities and includes, but is not limited to, facilities associated with exploratory team members, sound attenuation devices to minimise noise disturbance from exploration activities, and ancillary storage facilities; Authorised by the Chief Parliamentary Counsel 354 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 4A—Low impact exploration take has the same meaning as in the Flora and Fauna Guarantee Act 1988; taxon has the same meaning as in the Flora and Fauna Guarantee Act 1988; waterway means— (a) a river, creek, stream or watercourse the name of which is registered under the Geographic Place Names Act 1998; or (b) a natural channel the name of which is registered under the Geographic Place Names Act 1998 in which water regularly flows, whether or not the flow is continuous; or (c) a lake, lagoon, swamp or marsh, being— (i) a natural collection of water (other than water collected and contained in a private dam or a natural depression on private land) into, through or out of which a current that forms the whole or part of the flow of a river, creek, stream or watercourse passes, whether or not the flow is continuous; or (ii) a collection of water (other than water collected and contained in a private dam or a natural depression on private land) that the Governor in Council declares under section 4(1) of the Water Act 1989 to be a lake, lagoon, swamp or marsh; or Authorised by the Chief Parliamentary Counsel 355 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990

Schedule 4A—Low impact exploration (d) land which is regularly or intermittently covered by water from a waterway as described in paragraph (a), (b) or (c) but does not include— (i) any artificial channel or work which diverts water away from such a waterway; or (ii) an area covered by the floodwaters of a waterway; or (iii) an area, other than the waterway, designated on a planning scheme as being a floodway or liable to flooding or as being subject to inundation; or (e) if any land described in paragraph (d) forms part of a slope rising from the waterway to a definite lip, the land up to that lip. Authorised by the Chief Parliamentary Counsel 356 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 5—Saving and transitional provisions arising from the Mineral Resources Development (Amendment) Act 2000 Schedule 5—Saving and transitional Sch. 5 inserted by provisions arising from the Mineral No. 82/2000 s. 73. Resources Development (Amendment) Act 2000 1 Definitions In this Schedule— amending Act means the Mineral Resources Development (Amendment) Act 2000; commencement date means the date section 14 of the amending Act came into operation. 2 Saving of exploration licence applications based on former measurement system If the Minister varies the meaning of a graticular section under section 7A— (a) any application for an exploration licence that was lodged before the date the variation took effect is not invalid merely because it does not take account of the varied meaning of graticular sections; and (b) the Minister may grant the application without modifying the area to which the licence is to apply to take account of the varied meaning. 3 "Queued" applications to lapse (1) This clause applies if— (a) an application for a licence was lodged— (i) before the commencement date; and (ii) one or more days after an application was lodged for a licence in respect of the same land; and Authorised by the Chief Parliamentary Counsel 357 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 5—Saving and transitional provisions arising from the Mineral Resources Development (Amendment) Act 2000 (b) that other prior application had not lapsed or been withdrawn, rejected or not accepted before the commencement date. (2) The later application lapses. 4 Other applications Subject to clauses 2 and 3, any application for a licence or the renewal of a licence that was lodged before the commencement date and that had not lapsed or been withdrawn, rejected or not accepted before that date is to be treated as if it had been lodged on the commencement date. 5 Exploration licences held for less than 5 years (1) This clause applies to an exploration licence that was first registered less than 5 years before the commencement date. (2) The licence is to be treated as if it had been issued on the day it was first registered for a period of 5 years. (3) Subsection (2) is not to be read as enabling the recovery of any area that no longer applies to the licence as a result of section 30 (before its repeal). 6 Exploration licences held for 5 years or more (1) This clause applies to an exploration licence that was first registered 5 years or more before the commencement date. (2) The licence may be renewed on the expiry of the term specified in the licence. 7 Exploration licences not affected Subject to clauses 5 and 6, any exploration licence in force on the commencement date continues in force. Authorised by the Chief Parliamentary Counsel 358 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990

Schedule 5—Saving and transitional provisions arising from the Mineral Resources Development (Amendment) Act 2000 8 Mining licences not affected Any mining licence in force on the commencement date continues in force. 9 Right to reproduce section 116 document imposed as a condition (1) This clause applies to any mining licence in force immediately before the commencement date. (2) It is a condition of the licence that, in providing a document to the Minister under section 116, the licensee must give the Crown a licence to reproduce the document and any information in the document. Authorised by the Chief Parliamentary Counsel 359 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 6—Saving and transitional provisions arising from the Mineral Resources Development (Further Amendment) Act 2001 Sch. 6 inserted by Schedule 6—Saving and transitional No. 71/2001 s. 6. provisions arising from the Mineral Resources Development (Further Amendment) Act 2001 1 Definition In this Schedule amending Act means the Mineral Resources Development (Further Amendment) Act 2001. 2 Peat mining licences to continue (1) In this clause licence means Mining Licence No. 4667 granted on 27 May 1993. (2) The licence continues, until the expiry of the licence, to remain in force after the commencement of the amending Act, subject to this Act, as if peat was still a mineral. (3) The licence may be renewed after the commencement of the amending Act in accordance with this Act as if peat was still a mineral. 3 Peat exploration licences to continue (1) In this clause licence means— (a) Exploration Licence No. 4115 granted on 22 July 1997; (b) Exploration Licence No. 4387 granted on 12 May 2000; (c) Exploration Licence No. 4451 granted on 12 May 2000. (2) A licence continues, until the expiry of the licence, to remain in force after the commencement of the amending Act, subject to this Act, as if peat was still a mineral subject to the following exceptions— Authorised by the Chief Parliamentary Counsel 360 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990

Schedule 6—Saving and transitional provisions arising from the Mineral Resources Development (Further Amendment) Act 2001 (a) the holder of the licence is not entitled to apply for a mining licence in respect of peat; and (b) the Minister must not renew the licence for a period that allows the licence to remain in force on or after 12 May 2012. 4 Inconsistent permits and authorities not to be granted The Minister administering the Extractive Industries Development Act 1995 must not grant under that Act— (a) a permit that allows any searching for, or the carrying out of any survey or other operation for the purpose of searching for, peat; or (b) a work authority that allows the carrying out of any extractive industry involving peat— over, in or from any area of land covered by a licence to which clause 2 or 3 applies while that licence remains in force. Authorised by the Chief Parliamentary Counsel 361 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 7—Saving and transitional provisions arising from the Resources Industry Legislation Amendment Act 2009 Sch. 7 (Heading and Schedule 7—Saving and transitional cls 1–5) inserted by provisions arising from the Resources No. 6/2009 s. 40. Industry Legislation Amendment Act 2009 1 Definitions In this Schedule— amending Act means the Resources Industry Legislation Amendment Act 2009; old Act means the Extractive Industries Development Act 1995 as in force before its repeal. 2 Work authorities granted under the old Act to continue Despite the repeal of the old Act, a work authority granted under that Act and in force immediately before the repeal of the old Act, continues in force as if it were an extractive industry work authority granted under this Act. 3 Variation of work plans (1) If the holder of a work authority, that is continued in operation under clause 2, made an application under section 18 of the old Act to vary the work plan relating to that work authority and that application has not been determined before the commencement of the amending Act, the application must be determined in accordance with this Act. (2) Despite anything to the contrary in this Act, the holder of a work authority granted under the old Act and continued in operation under clause 2 must not make an application to vary the work plan relating to that authority if the extractive industry— Authorised by the Chief Parliamentary Counsel 362 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 7—Saving and transitional provisions arising from the Resources Industry Legislation Amendment Act 2009 (a) is carried out on land that has an area of less than 5 hectares and a depth of less than 5 metres; and (b) does not require blasting or the clearing of native vegetation. (3) The holder of a work authority to which subclause (2) applies may apply, in writing, to the Minister for a determination of the Minister that the holder is not required to comply with the work plan relating to that authority. (4) If the holder of a work authority makes an application under subclause (3), the Minister― (a) may determine that the holder is not required to comply with the work plan relating to that authority; and (b) may impose a condition on that authority requiring compliance with a Code of Practice. 4 Chief Inspector of quarries On the commencement of the amending Act the person who was, immediately before the commencement of that Act, the Chief Inspector of Quarries within the meaning of the old Act― (a) is deemed to be the Chief Inspector within the meaning of this Act; and (b) is deemed to be substituted as a party to any proceedings pending in any court to which the Chief Inspector of Quarries was a party immediately before the repeal of the old Act. 5 Inspectors of quarries On the commencement of the amending Act a person who was, immediately before the commencement of that Act, an inspector within the meaning of the old Act― Authorised by the Chief Parliamentary Counsel 363 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990

Schedule 7—Saving and transitional provisions arising from the Resources Industry Legislation Amendment Act 2009 (a) is deemed to be an inspector within the meaning of this Act; and (b) is deemed to be substituted as a party to any proceedings pending in any court to which that inspector was a party immediately before the repeal of the old Act. Authorised by the Chief Parliamentary Counsel 364 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 Schedule 8—Savings and transitional Sch. 8 inserted by provisions arising from the Mineral No. 59/2010 s. 30 (as Resources Amendment (Sustainable amended by No. 29/2011 Development) Act 2010 s. 3(Sch. 1 item 61). Section 137 1 Definitions In this Schedule— amending Act means the Mineral Resources Amendment (Sustainable Development) Act 2010; specified licence means an exploration licence to which clause 7 or 8 applies. 2 Mining licence applications (1) To avoid doubt, Part 2, as amended by Part 2 of the amending Act, applies to— (a) an application for a mining licence made on and after the commencement of section 7 of the amending Act; and (b) subject to subclause (2), an application for the renewal of a current mining licence made on or after the commencement of that section. (2) Despite anything to the contrary in Part 2, an application for a mining licence or for the renewal of a current mining licence that is made within 12 months after the commencement of section 7 of the amending Act is not required to include a mineralisation report at the time the application is made. (3) However, a mineralisation report must be provided to the Minister within 12 months after the application is made. Authorised by the Chief Parliamentary Counsel 365 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (4) Despite anything to the contrary in this Act, the Minister— (a) cannot make a decision on the application until the Minister receives a mineralisation report under subclause (3); and (b) may refuse the application if the Minister is not provided a mineralisation report within the time specified under subclause (3). (5) In this clause— current mining licence means a mining licence that is in effect immediately before the commencement of section 7 of the amending Act; mineralisation report means a report referred to in section 15(1BE). 3 Mining licensees and others may apply for retention licence in certain cases (1) This clause applies to— (a) a holder of a mining licence who wishes to apply for a retention licence over land that is covered by the mining licence; or (b) an applicant for a mining licence who wishes to apply for a retention licence over land that is covered by the application for the mining licence; or (c) a person who— (i) wishes to apply for a retention licence over land that is covered by a mining licence or that is the subject of an application for a mining licence; and (ii) has the consent of the holder of that mining licence or the applicant for that mining licence to apply for the retention licence. Authorised by the Chief Parliamentary Counsel 366 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (2) Despite anything to the contrary in Part 2, a person to whom this clause applies may apply for the retention licence (the retention licence application) within 12 months after the commencement of section 7 of the amending Act. (3) A retention licence application is not required to include a mineralisation report at the time the retention licence application is made. (4) However, a mineralisation report must be provided to the Minister within 12 months after the retention licence application is made. (5) Despite anything to the contrary in this Act, the Minister— (a) cannot make a decision on the retention licence application until the Minister receives a mineralisation report under subclause (4); and (b) may refuse the retention licence application if the Minister is not provided with a mineralisation report within the time specified under subclause (4). (6) On the taking of effect of a retention licence that is granted on a retention licence application— (a) the land to which the retention licence application relates is taken to be covered by that retention licence, if the land does not constitute the whole of the land covered by the mining licence or the application for the mining licence; (b) the mining licence is taken to be cancelled if the land to which the retention licence application relates constitutes the whole of the land covered by the mining licence; Authorised by the Chief Parliamentary Counsel 367 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (c) the application for the mining licence is taken to be ineffective if the land to which the retention licence application relates constitutes the whole of the land covered by the application for the mining licence— as the case requires. (7) Subclauses (6)(a) and (6)(b) apply despite anything to the contrary in the mining licence. 4 Exploration licences in effect that have not been renewed (1) This clause applies— (a) to an exploration licence (other than a specified licence)— (i) that is in effect on the commencement of section 19 of the amending Act; but (ii) has not been renewed before that commencement; and (b) whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act. (2) Despite anything to the contrary in the exploration licence, sections 31 and 32 apply to an application for any renewal of the exploration licence. Sch. 8 cl. 5 5 Exploration licences in effect for 10 years or less and (Heading) amended by that have been renewed at least once No. 64/2012 s. 40(1). (1) This clause applies— (a) to an exploration licence (other than a specified licence)— (i) that is in effect on the commencement of section 19 of the amending Act; and Authorised by the Chief Parliamentary Counsel 368 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (ii) that has been, at the time of that Sch. 8 commencement, in effect for a period cl. 5(1)(a)(ii) substituted by of 10 years or less and renewed at least No. 64/2012 once; and s. 40(2). (b) whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act. (2) Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of the exploration licence. (3) Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew the exploration licence— (a) for one period that does not exceed 2 years; and (b) after that, for another period not exceeding 2 years but only if the Minister— (i) considers there are exceptional circumstances to warrant that renewal; and (ii) is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed. 6 Exploration licences in effect for more than 10 years (1) This clause applies— (a) to an exploration licence (other than a specified licence)— (i) that is in effect on the commencement of section 19 of the amending Act; and Authorised by the Chief Parliamentary Counsel 369 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 Sch. 8 (ii) that has been, before or at the time of cl. 6(1)(a)(ii) that commencement, in effect for a amended by No. 64/2012 period of more than 10 years; and s. 40(3). (b) whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act. (2) Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of the exploration licence. (3) Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew the exploration licence— (a) as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 2 years; and (b) after that, for a period not exceeding 2 years but only if the Minister— (i) considers there are exceptional circumstances to warrant that renewal; and (ii) is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed. 7 Applications relating to specified exploration licences (1) This clause applies to the following exploration licences (whether or not an application has been made to renew any of the licences before the commencement of section 19 of the amending Act)— Authorised by the Chief Parliamentary Counsel 370 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (a) exploration licence No. 3327 granted on 16 September 1982 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5344 granted on 10 August 1987 and No. 5364 granted on 16 November 1989; (b) exploration licence No. 3008 granted on 16 December 1988 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5260 granted on 31 May 1985; (c) exploration licence No. 3018 granted on 5 September 1989 to the extent that the licence covers land not within the outer boundaries of the land described in any of the following mining licences— (i) No. 4847 granted on 3 November 1989; (ii) No. 5396 granted on 5 October 1988; (iii) No. 5444 granted on 5 April 2006; (d) exploration licence No. 3310 granted on 17 September 1993 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 4644 granted on 25 February 1986; (e) exploration licence No. 3539 granted on 3 June 1994 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5404 granted on 24 August 1990; Authorised by the Chief Parliamentary Counsel 371 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (f) exploration licence No. 3903 granted on 4 October 1996 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5458 granted on 9 August 2006 and No. 5497 granted on 26 August 2009; Sch. 8 (g) exploration licence No. 4282 granted on cl. 7(1)(g) amended by 30 April 1998 to the extent that the licence No. 64/2012 covers land not within the outer boundaries s. 40(4). of the land described in mining licences No. 5367 granted on 24 May 2002 and No. 5506 granted on 17 December2008; Sch. 8 (h) exploration licence No. 3242 granted on cl. 7(1)(h) inserted by 24 April 1987 to the extent that the licence No. 64/2012 covers land not within the outer boundaries s. 40(5). of the land described in the mining licence No. 4470 granted on 14 August 1979; Sch. 8 (i) exploration licence No. 3422 granted on cl. 7(1)(i) inserted by 31 January 1994 to the extent that the licence No. 64/2012 covers land not within the outer boundaries s. 40(5). of the land described in the mining licence No. 5146 granted on 17 December 1996; Sch. 8 (j) exploration licence No. 3640 granted on cl. 7(1)(j) inserted by 15 September 1994 to the extent that the No. 64/2012 licence covers land not within the outer s. 40(5). boundaries of the land described in the mining licence No. 4756 granted on 17 January 1989. (2) Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of an exploration licence to which this clause applies. (3) Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew an exploration licence to which this clause applies— Authorised by the Chief Parliamentary Counsel 372 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (a) as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 5 years; and (b) after that, as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 2 years but only if the Minister, each time— (i) considers there are exceptional circumstances to warrant that renewal; and (ii) is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed. (4) In addition, section 38A(2A) and (2B) do not apply to the exploration licence. 8 Specified exploration licences with parts within outer boundaries of mining licences (1) This clause applies to the following exploration licences (whether or not an application has been made to renew any of the licences before the commencement of section 19 of the amending Act)— (a) exploration licence No. 3327 granted on 16 September 1982 to the extent that the licence covers land within the outer boundaries of the land described in mining licences No. 5344 granted on 10 August 1987 and No. 5364 granted on 16 November 1989; Authorised by the Chief Parliamentary Counsel 373 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (b) exploration licence No. 3008 granted on 16 December 1988 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5260 granted on 31 May 1985; (c) exploration licence No. 3018 granted on 5 September 1989 to the extent that the licence covers land within the outer boundaries of the land described in any of the following mining licences— (i) No. 4847 granted on 3 November 1989; (ii) No. 5396 granted on 5 October 1988; (iii) No. 5444 granted on 5 April 2006; Sch. 8 (d) exploration licence No. 3242 granted on cl. 8(1)(d) amended by 24 April 1987 to the extent that the licence No. 64/2012 covers land within the outer boundaries of s. 40(6). the land described in mining licence No. 4470 granted on 14 August 1979; (e) exploration licence No. 3422 granted on 31 January 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5146 granted on 17 December 1996; (f) exploration licence No. 3539 granted on 3 June 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5404 granted on 24 August 1990; (g) exploration licence No. 3640 granted on 15 September 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 4756 granted on 17 January 1989. Authorised by the Chief Parliamentary Counsel 374 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 (2) Sections 31 and 32, as in force immediately before the commencement of section 19 of amending Act, apply to an application for the renewal of an exploration licence to which this clause applies. (3) In addition, section 38A(2A) and (2B) do not apply to the exploration licence. 9 Decreases in area under current exploration licences—first renewal after amending Act (1) This clause applies— (a) to an exploration licence to which clause 4 of this Schedule applies; and (b) in respect of which an application is made after the commencement of section 21 of the amending Act for the first renewal of that licence. (2) Section 38A(2A) applies to the exploration licence. 10 Decreases in area under current exploration licences—second renewal after amending Act (1) This clause applies— (a) to an exploration licence to which clause 4 of this Schedule applies; and (b) in respect of which an application is made after the commencement of section 21 of the amending Act for the second renewal of that licence. (2) Section 38A(2A) and (2B) apply to the exploration licence. Authorised by the Chief Parliamentary Counsel 375 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990

Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010 Sch. 8 cl. 11 11 Decreases in area under current exploration licences (Heading) that have been renewed at least once amended by No. 64/2012 (1) This clause applies— s. 40(7). (a) to an exploration licence to which clause 5 or 6 of this Schedule applies; and (b) in respect of which an application is made after the commencement of section 21 of the amending Act for a renewal of that licence. (2) Section 38A(2A) and (2B) apply to the exploration licence. Authorised by the Chief Parliamentary Counsel 376 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 9—Savings and transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment Act 2014 Schedule 9—Savings and transitional Sch. 9 inserted by provisions arising from the Mineral No. 10/2014 s. 42. Resources (Sustainable Development) Amendment Act 2014 Section 139 1 Definition In this Schedule— amending Act means the Mineral Resources (Sustainable Development) Amendment Act 2014. 2 Grant or refusal of licence The amendments made by section 8 of the amending Act do not apply to an application for a licence that was accepted before the commencement of that section in accordance with section 16 of this Act as in force before that commencement. 3 Work plans—licences Sch. 9 cl. 3 (Heading) substituted by (1) This clause applies to— No. 47/2015 s. 15(1). (a) a licensee who has an approved work plan immediately before the commencement of section 16 of the amending Act; or (b) a licensee who, before that commencement, lodged a work plan or a variation of an approved work plan under section 40 or 41 as in force before that commencement. (2) Despite anything to the contrary in Part 3 of this Act, a person to whom this clause applies is not required to comply with the requirements for an approved work plan as in force after the commencement of section 16 of the amending Act if the approved work plan has not been varied after that commencement. Authorised by the Chief Parliamentary Counsel 377 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 9—Savings and transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment Act 2014 Sch. 9 cl. 3(3) (3) Part 3 of this Act as in force immediately before amended by the commencement of section 16 of the amending No. 47/2015 s. 15(2). Act continues to apply to the approval of a work plan to which subclause (1)(b) applies. Sch. 9 cl. 3(4) (4) Despite subclauses (2) and (3), if the Department inserted by No. 47/2015 Head is satisfied that work set out in a work plan s. 15(3). described in subclause (1)(a) or (b) may pose an unacceptable risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of that work, the Department Head may direct that the work plan be varied so that it complies with section 40(3) as amended by section 16 of the amending Act. Sch. 9 cl. 3(5) (5) On making a determination under subclause (4), inserted by No. 47/2015 the Department Head must give the licensee s. 15(3). written notice of the proposed variation, and the reasons for it, and give the licensee an opportunity to comment on the proposal. Sch. 9 cl. 3(6) (6) After considering any comments made by the inserted by No. 47/2015 licensee, the Department Head may direct the s. 15(3). licensee to lodge an application under section 41 for approval of the variation. Sch. 9 cl. 3A 3A Work plans—extractive industry work authorities inserted by No. 47/2015 s. 16. (1) This clause applies— (a) to the holder of an extractive industry work authority who has an approved work plan immediately before the commencement of section 27 of the amending Act; or (b) to a person who, before the commencement of section 27 of the amending Act, lodged a work plan under section 77G as in force before that commencement; or Authorised by the Chief Parliamentary Counsel 378 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Schedule 9—Savings and transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment Act 2014 (c) to the holder of an extractive industry work authority who, before the commencement of section 27 of the amending Act, lodged an application for the variation of an approved work plan under section 77H as in force before that commencement. (2) Despite anything to the contrary in Part 6A of this Act, a person to whom this clause applies is not required to comply with the requirements for an approved work plan as in force after the commencement of section 27 of the amending Act if the approved work plan has not been varied after that commencement. (3) Part 6A of this Act as in force immediately before the commencement of section 27 of the amending Act continues to apply to the approval of a work plan to which subclause (1)(b) applies. (4) Despite subclauses (2) and (3), if the Department Head is satisfied that work set out in a work plan described in subclause (1)(a), (b) or (c) may pose an unacceptable risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of that work, the Department Head may direct that the work plan be varied so that it complies with section 77G(3) as amended by section 27 of the amending Act. (5) On making a determination under subclause (4), the Department Head must give the person who holds the extractive industry work authority or lodged the work plan written notice of the proposed variation, and the reasons for it, and give the person an opportunity to comment on the proposal. Authorised by the Chief Parliamentary Counsel 379 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990

Schedule 9—Savings and transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment Act 2014 (6) After considering any comments made by the person who holds the extractive industry work authority or lodged the work plan, the Department Head may direct the person to lodge an application under section 77H for approval of the variation. 4 Endorsement of work plan or variation to approved work plan Section 77TD(1) of this Act as in force immediately before the commencement of section 33(1) of the amending Act continues to apply to a work plan or variation of an approved work plan received but not endorsed before that commencement. ═══════════════ Authorised by the Chief Parliamentary Counsel 380 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 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. Minister's second reading speech— Legislative Assembly: 29 May 1990 Legislative Council: 27 November 1990 The long title for the Bill for this Act was "A Bill to provide a new legislative framework for the use of mineral resources in the State, to repeal the Mines Act 1958, to make consequential amendments to other legislation and for other purposes.". The Mineral Resources Development Act 1990, No. 92/1990 was assented to on 18 December 1990 and came into operation as follows: Section 126(2) on 1 November 1990: section 3(3); Schedule 1 item 18 on 1 December 1987: section 3(4); sections 1–125, 126(1)(3), 127, 128 (except Schedule 1 items 17, 24), 129 (Schedule 2 items 1–12) on 6 November 1991: Government Gazette 30 October 1991 page 2970; section 126(5) on 1 November 1997: Government Gazette 23 October 1997 page 2899; section 126(4). Section 126(4) not yet proclaimed. Schedule 1 item 17 was never proclaimed, repealed by No. 29/2006 section 3(Schedule 1 item 23.1). Schedule 1 item 24 was never proclaimed, repealed by No. 33/2014 section 12. The title of this Act was changed from the Mineral Resources Development Act 1990 to the Mineral Resources (Sustainable Development) Act 1990 by section 4 of the Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006. 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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the Authorised by the Chief Parliamentary Counsel 381 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 382 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes 2 Table of Amendments This publication incorporates amendments made to the Mineral Resources (Sustainable Development) Act 1990 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Extractive Industries (Further Amendment) Act 1991, No. 27/1991 Assent Date: 12.6.91 Commencement Date: All of Act (except s. 4 (3)–(6)) on 12.6.91: s. 2(1); s. 4(3)–(6) on 18.12.90: s. 2(2) Current State: All of Act in operation Mineral Resources Development (Amendment) Act 1993, No. 86/1993 Assent Date: 3.11.93 Commencement Date: Ss 1–3, 32, 35, 42, 43 on 3.11.93: s. 2(1); ss 8, 11(1), 37 on 6.11.91: s. 2(2); ss 4, 5, 7, 9, 10, 11(2)(3), 12–17, 18(b), 19–25, 27–31, 33, 34, 36, 38–41, 44 on 17.1.94: Government Gazette 16.12.93 p. 3317; ss 18(a), 26 on 1.2.94: Special Gazette (No. 3) 1.2.94 p. 1; s. 6 on 3.11.94: s. 2(4) Current State: All of Act in operation Building Act 1993, No. 126/1993 Assent Date: 14.12.93 Commencement Date: S. 264(Sch. 5 item 16) on 1.7.94: Special Gazette (No. 42) 1.7.94 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Further Amendment) Act 1994, No. 7/1994 Assent Date: 27.4.94 Commencement Date: All of Act (except s. 6) on 27.4.94: s. 2(1); s. 6 on 17.1.94: s. 2(2) Current State: All of Act in operation Valuation of Land (Amendment) Act 1994, No. 91/1994 Assent Date: 6.12.94 Commencement Date: S. 28 on 23.1.95: Government Gazette 19.1.95 p. 121 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Electricity Industry (Amendment) Act 1995, No. 56/1995 Assent Date: 20.6.95 Commencement Date: Ss 40, 42 on 20.6.95: Special Gazette (No. 52) 20.6.95 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 383 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Extractive Industries Development Act 1995, No. 67/1995 Assent Date: 17.10.95 Commencement Date: S. 60(2) on 17.10.95: s. 2(1); s. 60(3) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Heritage Act 1995, No. 93/1995 (as amended by No. 66/1997) Assent Date: 5.12.95 Commencement Date: S. 218(1)(Sch. 2 items 5.1–5.3) on 23.5.96: Government Gazette 23.5.96 p. 1248; s. 218(2)(Sch. 2 items 9.1, 9.2) on 23.5.98: s. 2(3) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Heritage (Amendment) Act 1997, No. 18/1997 Assent Date: 6.5.97 Commencement Date: S. 4 on 5.12.95: s. 2(2); rest of Act on 6.5.97: s. 2(1) Current State: All of Act in operation Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998 Assent Date: 19.5.98 Commencement Date: S. 18 on 26.6.98: Government Gazette 25.6.98 p. 1561 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998) Assent Date: 2.6.98 Commencement Date: S. 311(Sch. 1 item 64) on 1.7.98: Government Gazette 18.6.98 p. 1512 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 Assent Date: 10.11.98 Commencement Date: S. 31 on 15.12.98: s. 2(5) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 384 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Transfer of Land (Single Register) Act 1998, No. 85/1998 (as amended by No. 74/2000) Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 42) on 1.1.99: s. 2(3) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000 Assent Date: 21.11.00 Commencement Date: S. 60 on 1.1.01: s. 2(4) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 83) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Amendment) Act 2000, No. 82/2000 Assent Date: 28.11.00 Commencement Date: Ss 60, 69 on 29.11.00: s. 2(1); ss 3–59, 61–68, 70–73 on 31.7.01: Government Gazette 26.7.01 p. 1703 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 82) on 15.7.01: s. 2 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Further Amendment) Act 2001, No. 71/2001 Assent Date: 7.11.01 Commencement Date: Ss 3(1), 4–6 on 8.11.01: s. 2 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Accident Compensation (Amendment) Act 2001, No. 82/2001 Assent Date: 11.12.01 Commencement Date: S. 34 on 28.10.02: Government Gazette 24.10.02 p. 2859 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 385 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes National Parks (Marine National Parks and Marine Sanctuaries) Act 2002, No. 40/2002 Assent Date: 18.6.02 Commencement Date: S. 29 on 16.11.02: s. 2 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002 Assent Date: 29.10.02 Commencement Date: Ss 20–24 on 30.10.02: s. 2 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Fisheries (Amendment) Act 2003, No. 56/2003 Assent Date: 16.6.03 Commencement Date: S. 11(Sch. item 12) on 17.6.03: s. 2 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks (Additions and Other Amendments) Act 2004, No. 64/2004 Assent Date: 12.10.04 Commencement Date: S. 34 on 13.10.04: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004 Assent Date: 19.10.04 Commencement Date: S. 56 on 20.10.04: s. 2(1); s. 55 on 1.4.05: Government Gazette 24.3.05 p. 546 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 134) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 69) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 386 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Mineral Resources Development (Brown Coal Royalties) Act 2005, No. 89/2005 Assent Date: 29.11.05 Commencement Date: 1.1.06: s. 2 Current State: All of Act in operation Aboriginal Heritage Act 2006, No. 16/2006 (as amended by No. 63/2006) Assent Date: 9.5.06 Commencement Date: S. 198(Sch. 2 item 5) on 28.5.07: Government Gazette 24.5.07 p. 921 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Statute Law (Further Revision) Act 2006, No. 29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 23) on 7.6.06: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 33) on 1.7.06: Government Gazette 29.6.06 p. 1315 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006, No. 57/2006 Assent Date: 15.8.06 Commencement Date: S. 31 on 16.8.06: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006 Assent Date: 29.8.06 Commencement Date: Ss 4, 5, 6(1)(3), 7–25, 26(1)(3)(4), 27(1)–(3), 29–55, 57, 58 on 30.8.06: s. 2(1); ss 6(2), 26(2), 27(4), 28, 56 on 1.10.07: s. 2(3) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 71) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 387 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Energy and Resources Legislation Amendment Act 2008, No. 25/2008 Assent Date: 3.6.08 Commencement Date: Ss 12–16 on 4.6.08: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks and Crown Land (Reserves) Acts Amendment Act 2008, No. 54/2008 Assent Date: 23.9.08 Commencement Date: S. 23 on 9.11.08: Government Gazette 6.11.08 p. 2574 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Resources Industry Legislation Amendment Act 2009, No. 6/2009 Assent Date: 3.3.09 Commencement Date: Ss 4–40 on 1.1.10: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Energy and Resources Legislation Amendment Act 2009, No. 57/2009 Assent Date: 21.10.09 Commencement Date: Ss 28, 30, 31 on 1.1.10: Government Gazette 10.12.09 p. 3215; ss 23, 24, 32 on 27.1.10: Special Gazette (No. 33) 27.1.10 p. 1; ss 25–27, 29 on 30.6.10: Special Gazette (No. 255) 30.6.10 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009 Assent Date: 24.11.09 Commencement Date: S. 54(Sch. Pt 1 item 37), (Sch. Pt 2 item 36) on 1.1.10: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009 Assent Date: 8.12.09 Commencement Date: S. 42(1)(4) on 29.6.10: Government Gazette 24.6.10 p. 1274; s. 42(2)(3) on 30.9.10: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 388 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009, No. 90/2009 Assent Date: 15.12.09 Commencement Date: S. 25 on 20.8.10: Government Gazette 19.8.10 p. 1799 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Energy and Resources Legislation Amendment Act 2010, No. 55/2010 Assent Date: 14.9.10 Commencement Date: Ss 47–56 on 14.10.10: Government Gazette 14.10.10 p. 2404 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Amendment (Sustainable Development) Act 2010, No. 59/2010 (as amended by No. 29/2011) Assent Date: 14.9.10 Commencement Date: Ss 37, 41, 42, 51 on 14.10.10: Government Gazette 14.10.10 p. 2405; ss 4–36, 38–40, 43–50 on 1.2.12: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Traditional Owner Settlement Act 2010, No. 62/2010 Assent Date: 21.9.10 Commencement Date: S. 140 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010 Assent Date: 19.10.10 Commencement Date: S. 28 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Subordinate Legislation Amendment Act 2010, No. 78/2010 Assent Date: 19.10.10 Commencement Date: S. 24(Sch. 1 item 20) on 1.1.11: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 389 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 items 60.1, 60.2) on 1.1.10: s. 2(2)(e); s. 3(Sch. 1 item 60.3) on 22.6.11: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2011, No. 53/2011 (as amended by No. 43/2012) Assent Date: 18.10.11 Commencement Date: Ss 3–6 on 20.3.12: Special Gazette (No. 91) 20.3.12 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012 Assent Date: 3.4.12 Commencement Date: S. 92 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 30) on 28.6.12: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (General) Act 2012, No. 64/2012 (as amended by No. 70/2013) Assent Date: 30.10.12 Commencement Date: Ss 13–40 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources (Sustainable Development) Amendment Act 2012, No. 84/2012 (as amended by No. 70/2013) Assent Date: 18.12.12 Commencement Date: Ss 4–8 on 1.2.13: Special Gazette (No. 27) 29.1.13 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 390 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: Ss 3(Sch. 1 item 34), 4(Sch. 2 item 32) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Mineral Resources (Sustainable Development) Amendment Act 2014, No. 10/2014 (as amended by No. 47/2015) Assent Date: 25.2.14 Commencement Date: Ss 4(1)(2)(4)(5), 5, 6, 8–15, 17–26, 28–42 on 1.11.14: s. 2(2); ss 4(3), 16, 27 on 8.12.15: Special Gazette (No. 389) 8.12.15 p. 1; s. 7 on 31.12.16: s. 2(3) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Legal Profession Uniform Law Application Act 2014, No. 17/2014 Assent Date: 25.3.14 Commencement Date: S. 160(Sch. 2 item 64) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Sale of Land Amendment Act 2014, No. 33/2014 Assent Date: 13.5.14 Commencement Date: S. 12 on 1.10.14: Special Gazette (No. 282) 26.8.14 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014 Assent Date: 27.6.14 Commencement Date: S. 33(Sch. item 16) on 30.6.14: s. 2(5) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Inquiries Act 2014, No. 67/2014 Assent Date: 23.9.14 Commencement Date: S. 147(Sch. 2 item 26) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 391 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014 Assent Date: 23.9.14 Commencement Date: Ss 14–24, 26–62, 65 on 1.9.15: s. 2(3) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015, No. 47/2015 Assent Date: 22.9.15 Commencement Date: Ss 5–16 on 23.9.15: s. 2 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016 Assent Date: 5.4.16 Commencement Date: Ss 11–13 on 5.8.16: Special Gazette (No. 239) 2.8.16 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 State Taxation and Other Acts Amendment Act 2016, No. 40/2016 Assent Date: 28.6.16 Commencement Date: S. 31 on 29.6.16: s. 2(1) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016, No. 44/2016 Assent Date: 23.8.16 Commencement Date: S. 30 on 7.9.16: Special Gazette (No. 278) 6.9.16 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Heritage Act 2017, No. 7/2017 Assent Date: 15.3.17 Commencement Date: S. 304 on 1.11.17: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment (Fracking Ban) Act 2017, No. 8/2017 Assent Date: 15.3.17 Commencement Date: Ss 3–7 on 16.3.17: s. 2 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 392 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, No. 22/2017 (as amended by No. 32/2019) Assent Date: 30.5.17 Commencement Date: Ss 4, 5, 9, 10 on 15.6.17: Special Gazette (No. 195) 14.6.17 p. 1; ss 6(1), 7, 8 on 1.7.20: s. 2(2); s. 6(2) never proclaimed, repealed by No. 32/2019 s. 50 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017 Assent Date: 24.10.17 Commencement Date: Ss 15–17 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Oaths and Affirmations Act 2018, No. 6/2018 Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 89) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks Victoria Act 2018, No. 19/2018 Assent Date: 5.6.18 Commencement Date: S. 247 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020) Assent Date: 28.8.18 Commencement Date: Ss 24–27 on 1.7.19: s. 2(3) (as amended by No. 39/2018 s. 54); s. 44 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019 Assent Date: 10.9.19 Commencement Date: S. 52 on 1.6.20: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Authorised by the Chief Parliamentary Counsel 393 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes Mineral Resources (Sustainable Development) Amendment Act 2019, No. 32/2019 Assent Date: 17.9.19 Commencement Date: Ss 54–62 on 18.9.19: s. 2(1); ss 4–49 on 30.6.20: s. 2(3); s. 48 on 30.6.21: s. 48 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Transport Legislation Amendment Act 2019, No. 49/2019 Assent Date: 3.12.19 Commencement Date: S. 186(Sch. 4 item 29) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020, No. 1/2020 Assent Date: 11.2.20 Commencement Date: Ss 140, 141 on 1.7.20: s. 2(2) Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020 Assent Date: 1.12.20 Commencement Date: S. 60 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1; s. 61 on 1.5.21: Special Gazette (No. 189) 27.4.21 p. 1 Current State: This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 394 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes 3 Amendments Not in Operation This version does not contain amendments that are not yet in operation. Authorised by the Chief Parliamentary Counsel 395 Mineral Resources (Sustainable Development) Act 1990 No. 92 of 1990 Endnotes 4 Explanatory details 1 S. 4(1) def. of petroleum: See also Petroleum Act 1998, No. 96/1998. 2 S. 15(5): See section 4(1) definition of land affected. 3 S. 43(1)(c): See note 2. 4 S. 43(1)(d)(ii): See note 2. 5 S. 43(1)(e): See note 2. 6 S. 43(1)(e)(i): See note 2. 7 S. 43(1)(e)(iv): See note 2. 8 S. 80(6): The amendment proposed by section 24(6) of the Resources Industry Legislation Amendment Act 2009, No. 6/2009 (repealed) is not included in this publication because the words "the licensee" do not appear in section 80(6). Section 24(6) read as follows: 24 Rehabilitation bond (6) In section 80(6) of the Principal Act, for "the licensee" substitute "the authority holder". Authorised by the Chief Parliamentary Counsel 396