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PARLIAMENT OF VICTORIA
Mineral Resources Amendment (Sustainable
Development) Bill 2010
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 3
PART 2--LICENSING AMENDMENTS TO THE MINERAL
RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 4
4 Definitions 4
5 Minister may exempt land from exploration or mining licence 4
6 Amendment to heading to Part 2 4
7 Mining licences 5
8 New sections 14B and 14C inserted 5
14B Prospecting licences 5
14C Retention licences 6
9 Application for a licence 7
10 New sections 16 and 16A inserted 12
16 Applicant for licence--fit and proper person 12
16A Application for mining licence or retention licence
where exploration licence or prospecting licence
covers same land 14
11 Grant or refusal of licence 14
12 Waiver of exploration licence holder's consent 16
13 Grant of licence 17
14 Payment of rent in relation to licences 17
15 Application procedure 18
16 Grant or refusal of licence--direct allocation 18
17 Grant of licences--tender 18
18 Application for renewal of licence 19
19 New section 31 substituted 19
31 Renewals of licences 19
20 Period of renewal--exploration licences 23
21 Decrease in area under exploration licence 23
22 Cancellation of licence 24
23 Work plans 25
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Clause Page
24 Commencement of work under prospecting licence 25
25 Commencement of work under retention licence 26
26 Miner's right 26
27 Licensee must rehabilitate land 26
28 New section 112A inserted 26
112A Minister may require review of economic viability of
mining of minerals to which a retention licence
applies 26
29 New section 137 inserted 27
137 Savings and transitional provisions--2010 amendments 27
30 New Schedule 8 inserted 28
SCHEDULE 8--Savings and transitional provisions arising
from the Mineral Resources Amendment
(Sustainable Development) Act 2010 28
1 Definitions 28
2 Mining licence applications 28
3 Mining licensees and others may apply for retention
licence in certain cases 29
4 Exploration licences in effect that have not been
renewed 31
5 Exploration licences in effect that have been
renewed once 32
6 Exploration licences in effect for more than 10 years 33
7 Applications relating to specified exploration licences 34
8 Specified exploration licences with parts within outer
boundaries of mining licences 37
9 Decreases in area under current exploration
licences--first renewal after amending Act 38
10 Decreases in area under current exploration
licences--second renewal after amending Act 39
11 Decreases in area under current exploration licences
in effect 10 years or more on renewal 39
PART 3--OTHER AMENDMENTS TO THE MINERAL
RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 40
31 Amendment of purpose 40
32 Definitions 40
33 Royalties for lignite--definition of gigajoule unit of lignite 41
34 Work plans--work under licences 41
35 Variation of work plan on application of a licensee 41
36 Consent for low impact exploration work 41
37 Miner's right 42
38 Tourist fossicking authority 42
39 Abolition of Mining and Environment Advisory Committee 42
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Clause Page
40 Consequential amendment on abolition of Mining and
Environment Advisory Committee 42
41 Repeal of tourist mine authority provisions 42
42 Consequential amendments on repeal of tourist mine authority
provisions 43
43 Work plans--extractive industries 43
44 Variations to work plans--extractive industries 43
45 New Part 6B inserted 44
PART 6B--STATUTORY ENDORSEMENT OF WORK
PLANS 44
77TA Definitions 44
77TB Application of Part 44
77TC Giving of work plan or variation to approved work
plan for statutory endorsement 45
77TD Department Head may endorse work plan or variation
to approved work plan 45
77TE Department Head must give work plan or variation
application to referral authority 46
77TF Referral authority must consider work plan and
variation of approved work plan 46
77TG Interrelationship with the Planning and Environment
Act 1987 47
77TH Review by Tribunal 48
46 What compensation is payable for 49
47 Compensation agreement 50
48 Limit on total amount of compensation 50
49 Regulation making powers--measuring net wet specific
energy content of lignite 50
50 New section 135A inserted 51
135A Transitional provision--2010 amendments abolishing
the Mining and Environment Advisory Committee 51
51 Statute law revision 51
PART 4--AMENDMENT OF VICTORIAN ENERGY
EFFICIENCY TARGET ACT 2007 52
52 Who may create a certificate 52
53 Regulations 52
PART 5--REPEAL OF AMENDING ACT 53
54 Repeal 53
ENDNOTES 54
561490B.I-27/7/2010 iii BILL LA INTRODUCTION 27/7/2010
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Mineral Resources Amendment
(Sustainable Development) Bill 2010
A Bill for an Act to amend the Mineral Resources (Sustainable
Development) Act 1990 and the Victorian Energy Efficiency
Target Act 2007 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is to--
(a) amend the Mineral Resources (Sustainable
5 Development) Act 1990--
(i) to provide for 2 new licences
(prospecting licences and retention
licences); and
561490B.I-27/7/2010 1 BILL LA INTRODUCTION 27/7/2010
Mineral Resources Amendment (Sustainable Development) Bill 2010
Part 1--Preliminary
s. 2
(ii) to require mining licence applications
and applications for retention licences
to describe the mineral resources to
which they will relate; and
5 (iii) to provide for a new procedure for the
endorsement of work plans and
variations to approved work plans
before they are approved; and
(iv) to clarify the purpose of that Act; and
10 (v) to repeal redundant provisions; and
(vi) to generally improve the operation of
that Act; and
(b) amend the Victorian Energy Efficiency
Target Act 2007 to further provide for how
15 an assignment of the right to create energy
efficiency certificates may be made.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
20 (2) If a provision of this Act does not come into
operation before 1 February 2012, it comes into
operation on that day.
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Mineral Resources Amendment (Sustainable Development) Bill 2010
Part 1--Preliminary
s. 3
3 Principal Act
In this Act, the Mineral Resources (Sustainable See:
Act No.
Development) Act 1990 is called the Principal 92/1990.
Act. Reprint No. 7
as at
9 February
2007
and
amending
Act Nos
16/2006,
63/2006,
25/2008,
54/2008,
6/2009,
57/2009,
69/2009,
82/2009 and
90/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Mineral Resources Amendment (Sustainable Development) Bill 2010
Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 4
Development) Act 1990
PART 2--LICENSING AMENDMENTS TO THE MINERAL
RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990
4 Definitions
In section 4(1) of the Principal Act--
5 (a) in the definition of community engagement
plan, for "40(3)(b)(ii)" substitute "40(3)(c)";
and
(b) in the definition of licence, for "or a mining
licence" substitute ", a mining licence, a
10 prospecting licence or a retention licence";
(c) insert the following definitions--
infrastructure mining licence means a
mining licence solely for the
construction of a facility or other
15 infrastructure to be used for the purpose
of mining under another mining
licence;
mineral resource means a concentration of a
mineral or minerals that is or may be
20 economically viable to mine;".
5 Minister may exempt land from exploration or
mining licence
In section 7(1) of the Principal Act, for "an
exploration licence or a mining licence, or both"
25 substitute "a licence".
6 Amendment to heading to Part 2
In the heading to Part 2 of the Principal Act, for
"AND MINING" substitute ", MINING,
PROSPECTING AND RETENTION".
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 7
Development) Act 1990
7 Mining licences
(1) In section 14(4) of the Principal Act, for
"otherwise" substitute "a greater area may be
required to mine a mineral resource.".
5 (2) For section 14(5) of the Principal Act
substitute--
"(5) A mining licence does not entitle the holder
of the licence to only explore for a mineral
resource during the currency of the licence.".
10 8 New sections 14B and 14C inserted
After section 14A of the Principal Act insert--
"14B Prospecting licences
(1) The holder of a prospecting licence is
entitled--
15 (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.
20 (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.
(3) A prospecting licence--
25 (a) is current for the time specified in the
licence, not exceeding 5 years from the
date on which it is registered; and
(b) cannot be renewed; and
(c) applies to the land described in the
30 licence.
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 8
Development) Act 1990
(4) The area of the land described in a
prospecting licence must not exceed
5 hectares.
14C Retention licences
5 (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
10 economically viable to mine in the
future; or
(ii) for the purpose of sustaining the
operations of an existing mine;
and
15 (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
20 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
25 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
30 (b) may be renewed only twice, each for a
period not exceeding 10 years in
accordance with this Part; and
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
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Development) Act 1990
(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
5 that may be required for the purpose of
mining a mineral resource in the future.".
9 Application for a licence
(1) In section 15(1) of the Principal Act, for "or a
mining licence" substitute ", a mining licence,
10 prospecting licence or retention licence".
(2) For section 15(1A)(a) and (b) of the Principal Act
substitute--
"(a) a licence over land that is covered by a
mining licence or that is the subject of an
15 application for a mining licence; or
(b) an exploration licence over land that is
covered by an exploration licence or that is
the subject of an application for an
exploration licence; or
20 (ba) a prospecting licence over land that is
covered by a prospecting licence or that is
the subject of an application for a
prospecting licence; or
(bb) a retention licence over land that is covered
25 by a retention licence or that is the subject of
an application for a retention licence; or".
(3) In section 15(1A)(c) of the Principal Act--
(a) after "exploration licence" (where first
occurring) insert "or a prospecting licence or
30 retention licence";
(b) after "exploration licence" (where secondly
and thirdly occurring) insert ", prospecting
licence or retention licence";
(c) subparagraph (iii) is repealed.
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
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Development) Act 1990
(4) After section 15(1A)(c) of the Principal Act
insert--
"(ca) a prospecting licence over land that is
covered by an exploration licence or that is
5 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
(ii) the application is accompanied by the
10 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
15 application for the prospecting licence
was lodged; or
(cb) a prospecting licence over land that is
covered by a retention licence or that is the
subject of an application for a retention
20 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
25 applicant for, the retention licence to
the granting of the licence; or
(cc) a retention licence over land that is covered
by an exploration licence or that is the
subject of an application for an exploration
30 licence unless--
(i) the applicant is the holder of, or the
applicant for, the exploration licence; or
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 9
Development) Act 1990
(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
5 (cd) a retention licence over land that is covered
by a prospecting licence or that is the subject
of an application for a prospecting licence
unless--
(i) the applicant is the holder of, or the
10 applicant for, the prospecting licence;
or
(ii) the application is accompanied by the
written consent of the holder of, or the
applicant for, the prospecting licence to
15 the granting of the licence; or".
(5) After section 15(1A)(f) of the Principal Act
insert--
"(g) a prospecting licence over land that abuts
land covered by an adjoining prospecting
20 licence and--
(i) that application has been made within
2 years after the registration of the
adjoining prospecting licence; and
(ii) the land to be covered by that
25 application and land covered by other
prospecting licences will form a
contiguous area of land that exceeds
20 hectares; or".
(6) In section 15(1B) of the Principal Act--
30 (a) for "paragraph (a), (b), (c), (d) or (e)"
substitute "paragraphs (a) to (e)";
(b) for "or a mining licence" substitute
", mining licence, prospecting licence or
retention licence".
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 9
Development) Act 1990
(7) After section 15(1B) of the Principal Act insert--
"(1BA) An application for a licence must specify the
mineral or minerals to which the licence will
relate.
5 (1BB) An application for a mining licence (other
than an infrastructure mining licence) or a
retention licence must describe, in
accordance with the guidelines issued by the
Minister, a mineral resource.
10 (1BC) In addition, an application for a retention
licence must specify the area of land that the
licence will cover and the reasons for that
coverage.
(1BD) To avoid doubt, an application for an
15 exploration licence or a prospecting licence
is not required to describe a mineral
resource.
(1BE) If the mineral resource described in an
application referred to in subsection (1BB) is
20 not being mined 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--
25 (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
30 a reasonable prospect that the mining of
the described mineral resource will be
economically viable.
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 9
Development) Act 1990
(1BF) The exploration results referred to in
subsection (1BE) must--
(a) specify the type of the mineral or
minerals; and
5 (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
10 (d) include analytical results obtained from
samples of the mineral or minerals.
(1BG) In subsection (1BE), a competent person
means a person prescribed for the purposes
of that subsection as a competent person.".
15 (8) For section 15(6)(ba) and (c) of the Principal Act
substitute--
"(ba) subject to subsection (6A), genuinely intends
to do work; and
(c) subject to subsection (6A), has an
20 appropriate program of work; and".
(9) After section 15(6) of the Principal Act insert--
"(6A) An applicant for a retention licence is not
required to satisfy the Minister that the
applicant genuinely intends to do work and
25 has an appropriate program of work if the
Minister considers it unnecessary or
inappropriate in the circumstances.
(6B) Without limiting subsection (6), an applicant
for a mining licence (other than an
30 infrastructure 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.
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 10
Development) Act 1990
(6C) Without limiting subsection (6), in the case
where the Minister accepts an application for
a mining licence or a retention licence
referred to in subsection (1BB), the Minister
5 must, for the purpose of being satisfied
whether to grant the mining licence or
retention licence, consider the mineralisation
report included in the application.".
10 New sections 16 and 16A inserted
10 After section 15 of the Principal Act insert--
"16 Applicant for licence--fit and proper
person
(1) For the purpose of being satisfied under
section 15(6)(a) that an applicant for a
15 licence is a fit and proper person to hold the
licence, the Minister must have regard to
whether--
(a) the Minister has taken action under
section 83 to rehabilitate land because
20 the applicant or an associate of the
applicant has not complied with Part 7,
including--
(i) the circumstances which led to the
taking of that action under that
25 Part; and
(ii) when those circumstances arose;
(b) a licence held by the applicant or an
associate of the applicant has been
cancelled, including--
30 (i) the circumstances which led to
that cancellation;
(ii) when those circumstances arose;
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 10
Development) Act 1990
(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;
5 (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
10 including--
(i) the nature of the offence;
(ii) when the offence was committed;
(iii) the penalty imposed.
(2) The Minister cannot be satisfied under
15 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.
20 (3) Subsections (1) and (2) do not limit what
the Minister must be satisfied of under
section 15(6)(a).
(4) In this section associate means a director,
partner, trustee, executive officer, secretary
25 or any other officer or person associated or
connected with the ownership,
administration or management of the
applicant's business.
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 11
Development) Act 1990
16A Application for mining licence or
retention licence where exploration licence
or prospecting licence covers same land
(1) This section applies if--
5 (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
10 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,
15 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
20 grant the mining licence or retention licence
(as the case may be).".
11 Grant or refusal of licence
(1) For section 25(1)(b) of the Principal Act
substitute--
25 "(b) that is covered by an exploration licence,
unless the application is for a mining licence
or retention licence and, if the applicant is
not the holder of the exploration licence, the
holder of that licence consents in writing; or"
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 11
Development) Act 1990
(2) After section 25(1)(b) of the Principal Act
insert--
"(ba) that is covered by an exploration licence or
that is the subject of an application for an
5 exploration licence, unless the application is
for a prospecting licence and, if the applicant
is not the holder of the exploration licence or
the applicant for the exploration licence--
(i) the holder or applicant of the
10 exploration licence consents in writing;
or
(ii) in the case of an exploration licence,
both of the following conditions
apply--
15 (A) the exploration licence was first
registered more than 2 years
before the application was lodged;
and
(B) the Minister has waived the need
20 for the exploration licence holder's
consent under section 25A; or".
(3) For section 25(1)(c) of the Principal Act
substitute--
"(c) that has been covered by an exploration
25 licence for at least 2 years, if the granting of
the licence would mean that--
(i) the number of--
(A) mining licences granted by virtue
of section 25A before the
30 commencement of section 12 of
the Mineral Resources
Amendment (Sustainable
Development) Act 2010; or
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 12
Development) Act 1990
(B) prospecting licences granted by
virtue of that section on and after
the commencement of section 12
of the Mineral Resources
5 Amendment (Sustainable
Development) Act 2010--
over land covered by the exploration
licence is more than the number of
graticular sections covered by the
10 exploration licence divided by 10; or
(ii) any 2 areas covered by--
(A) mining licences granted by virtue
of section 25A before the
commencement of section 12 of
15 the Mineral Resources
Amendment (Sustainable
Development) Act 2010; or
(B) prospecting licences granted by
virtue of that section on and after
20 the commencement of section 12
of the Mineral Resources
Amendment (Sustainable
Development) Act 2010--
within the exploration licence would be
25 1 kilometre or less apart at the closest
points; or".
12 Waiver of exploration licence holder's consent
(1) For section 25A(1)(a) of the Principal Act
substitute--
30 "(a) a person applies for a prospecting licence
over land that is covered by an exploration
licence; and".
(2) Section 25A(1)(b) of the Principal Act is
repealed.
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 13
Development) Act 1990
(3) For section 25A(1)(c) of the Principal Act
substitute--
"(c) the exploration licence was first registered
more than 2 years before the application was
5 lodged; and".
(4) In section 25A(1)(d) of the Principal Act omit "or
unwilling".
(5) In section 25A(4) of the Principal Act, for
"mining" substitute "prospecting".
10 13 Grant of licence
(1) After section 26(2)(d) of the Principal Act
insert--
"(da) work undertaken under a licence;".
(2) After section 26(9) of the Principal Act insert--
15 "(10) On the registration of the grant of a mining
licence, any land covered by that licence that
was, immediately before the registration,
covered by a prospecting licence or retention
licence ceases to be covered by that
20 prospecting licence or retention licence.
(11) On the registration of the grant of a retention
licence, any land covered by that licence that
was, immediately before the registration,
covered by an exploration licence or
25 prospecting licence ceases to be covered by
that exploration licence or prospecting
licence.".
14 Payment of rent in relation to licences
In section 26(4) of the Principal Act--
30 (a) omit "mining";
(b) for "work authority" substitute "grant of the
licence".
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s. 15
Development) Act 1990
15 Application procedure
In section 26AD(2) of the Principal Act--
(a) after "15(1C)" insert ", 15(1BC) to (1BG)";
(b) after "15(6)" insert ", (6A) to (6C)";
5 (c) for "and 15(8)" substitute ", 15(8), 16
and 16A".
16 Grant or refusal of licence--direct allocation
After section 26AM(5) of the Principal Act
insert--
10 '(5A) In addition, section 26(2) applies to an
exploration licence or a mining licence or
retention licence granted under this
Subdivision (an initial licence), and any
other mining licence or retention licence
15 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.".'.
20 17 Grant of licences--tender
(1) After section 27D(2) of the Principal Act insert--
'(2A) In addition, section 26(2) applies to an
exploration licence or a mining licence or
retention licence granted to a successful
25 tenderer under this 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)
30 there were inserted--
"(da) technology and project development
milestones.".'.
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Part 2--Licensing Amendments to the Mineral Resources (Sustainable
s. 18
Development) Act 1990
(2) In section 27D(3) of the Principal Act, after
"15(6)" insert "to (6C) and 16A".
(3) After section 27D(3) of the Principal Act insert--
"(4) In addition, without limiting subsection (2),
5 the Minister must not grant an exploration
licence or a mining licence or retention
licence to a person who has submitted a
tender unless the Minister is satisfied that the
person meets the requirements in
10 section 16.".
18 Application for renewal of licence
In section 29(1) of the Principal Act, after
"licensee" insert "(other than a licensee who is a
holder of a prospecting licence)".
15 19 New section 31 substituted
For section 31 of the Principal Act substitute--
"31 Renewals of licences
(1) The Minister must refuse to renew a licence
if the applicant does not satisfy the Minister
20 as to the matter specified in section 15(6)(ba)
unless the 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
25 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.
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(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
5 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
10 of the application for
renewal is subject; or
(B) a work plan is subject; or
(iii) any condition specified under
section 44; or
15 (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
20 authority;
(c) the applicant as a licensee has not
commenced work within the time
specified in or allowed under
section 42(5);
25 (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;
30 (e) the applicant as a licensee has
undertaken work on land otherwise
than in accordance with a work plan;
(f) the applicant as a licensee no longer
complies with section 15(6)(a) to (d);
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(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
5 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
10 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
15 comply with a requirement under
section 112A.
(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
20 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.
25 (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
30 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--
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Development) Act 1990
(a) considers there are exceptional
circumstances to warrant that second
renewal; and
(b) is satisfied that there is a likelihood of
5 the licensee identifying minerals in the
land covered by the licence during the
period for which the licence may be
renewed.
Note
10 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
15 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
20 renewal, only if the licensee has
demonstrated to the Minister that there
are exceptional circumstances to
warrant that second renewal.
(8) In the case of an application for the renewal
25 of a mining licence, the Minister may renew
the licence if--
(a) the mining of a mineral resource is
taking place at the time of the
application and the Minister is satisfied
30 that there is a reasonable prospect that
mining of that mineral resource will
continue after that renewal;
(b) the mining of a mineral resource had
taken place before the date of the
35 application for the renewal of the
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mining licence and the Minister is
satisfied that there is a reasonable
prospect that mining of that mineral
resource will recommence within
5 2 years after that renewal.
(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
10 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.".
20 Period of renewal--exploration licences
15 (1) In section 32(2) of the Principal Act--
(a) for "The Minister" substitute "In the case of
an application for the first renewal of an
exploration licence, the Minister";
(b) for "an exploration licence" substitute
20 "the exploration licence".
(2) After section 32(2) of the Principal Act insert--
"(2A) In the case of an application for the second
renewal of an exploration licence, the
Minister may only renew the exploration
25 licence for a period of up to 5 years.".
21 Decrease in area under exploration licence
After section 38A(2) of the Principal Act insert--
"(2A) On the seventh anniversary of the initial
registration of an exploration licence, the
30 Minister must, unless he or she decides
otherwise, cancel the licence in relation to at
least a further 20% of the total number of
graticular sections (in one or more areas each
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comprising whole graticular sections only)
covered by the licence as originally granted.
(2B) On the tenth anniversary of the initial
registration of an exploration licence, the
5 Minister must, unless he or she decides
otherwise, cancel the licence in relation to at
least a further 10% of the total number of
graticular sections (in one or more areas each
comprising whole graticular sections only)
10 covered by the licence as originally
granted.".
22 Cancellation of licence
(1) After section 38(1)(b)(iii) of the Principal Act
insert--
15 "(iiia) subject to subsection (1AA), in the case of a
licensee who is a holder of a 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
20 period of 2 years; or".
(2) After section 38(1)(b)(vii) of the Principal Act
insert--
"(viia) in the case of a retention licence, that the
mining of a mineral resource to which the
25 retention licence relates would not be
economically viable in the future; or
(viib) in the case of a retention licence, the licensee
is unlikely to undertake economically viable
mining of a mineral resource to which the
30 retention licence relates in the future; or
(viic) in the case of a retention licence, the licensee
has failed to comply with a requirement
under section 112A; or".
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(3) After section 38(1) of the Principal Act insert--
"(1AA) Subsection (1)(b)(iiia) applies only to a
period referred to in that subparagraph that
commences on or after the day on which
5 section 22(1) of the Mineral Resources
Amendment (Sustainable Development)
Act 2010 comes into operation.".
23 Work plans
(1) In section 40(2AA)(a) of the Principal Act, after
10 "less" insert "or a prospecting licence".
(2) For section 40(3)(b) of the Principal Act
substitute--
"(b) if the licence is a mining licence or a
prospecting licence under which mining
15 activities are proposed to be carried out, a
rehabilitation plan for the area of land
covered by the licence; and
(c) if the licence is a mining licence or
prospecting licence, in relation to the mining
20 activities proposed to be carried out under
the licence, a plan for consulting with the
community prepared in accordance with the
regulations and any guidelines issued by the
Minister relating to such plans (a community
25 engagement plan).".
24 Commencement of work under prospecting licence
(1) Insert the following heading to section 42 of the
Principal Act--
"Commencement of work under mining licence
30 or prospecting licence".
(2) In section 42(1) of the Principal Act, after "mining
licence" insert "or prospecting licence".
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25 Commencement of work under retention licence
(1) Insert the following heading to section 43 of the
Principal Act--
"Commencement of work under exploration
5 licence or retention licence".
(2) In section 43(1) of the Principal Act, after
"exploration licence" insert "or retention licence".
26 Miner's right
(1) In section 55(1) of the Principal Act, after "mining
10 licence" insert ", prospecting licence or retention
licence".
(2) In section 55(1A) of the Principal Act, after
"mining licence" insert ", prospecting licence or
retention licence".
15 27 Licensee must rehabilitate land
(1) In section 78(1) of the Principal Act, after "mining
licence" insert "or prospecting licence".
(2) In section 78(2) of the Principal Act, after
"exploration licence" insert "or retention licence".
20 28 New section 112A inserted
After section 112 of the Principal Act insert--
"112A Minister may require review of economic
viability of mining of minerals to which a
retention licence applies
25 (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
30 the licence; and
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(b) to report to the Minister in writing the
results of the re-evaluation.
(2) In making such a requirement, the
Minister--
5 (a) must make the requirement by giving
the licensee written notice of the
requirement; and
(b) must allow the licensee at least 90 days
within which to comply with the
10 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.
15 (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
20 requirement.
(5) If the licensee fails to comply with a
requirement made under this section, the
Minister may cancel the licence.".
29 New section 137 inserted
25 After section 136 of the Principal Act insert--
"137 Savings and transitional provisions--2010
amendments
Schedule 8 has effect.".
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30 New Schedule 8 inserted
After Schedule 7 to the Principal Act insert--
"__________________
SCHEDULE 8
5 Section 137
SAVINGS AND TRANSITIONAL PROVISIONS
ARISING FROM THE MINERAL RESOURCES
AMENDMENT (SUSTAINABLE
DEVELOPMENT) ACT 2010
10 1 Definitions
In this Schedule--
amending Act means the Mineral
Resources Amendment (Sustainable
Development) Act 2010;
15 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--
20 (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
25 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
30 made within 12 months after the
commencement of section 7 of the amending
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Act is not required to include a
mineralisation report at the time the
application is made.
(3) However, a mineralisation report must be
5 provided to the Minister within 12 months
after the application is made.
(4) Despite anything to the contrary in this Act,
the Minister--
(a) cannot make a decision on the
10 application until the Minister receives a
mineralisation report under subclause
(3); and
(b) may refuse the application if the
Minister is not provided a
15 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
20 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
25 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
30 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
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(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
5 subject of an application for a
mining licence; and
(i) has the consent of the holder of
that mining licence or the
applicant for that mining licence
10 to apply for the retention licence.
(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
15 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
20 made.
(4) However, a mineralisation report must be
provided to the Minister within 12 months
after the retention licence application is
made.
25 (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
30 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
35 subclause (4).
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(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
5 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
10 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
15 covered by the mining licence;
(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
20 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
25 licence.
4 Exploration licences in effect that have not
been renewed
(1) This clause applies--
(a) to an exploration licence (other than a
30 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
35 commencement; and
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(b) whether or not an application has been
made to renew that licence before the
commencement of section 19 of the
amending Act.
5 (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.
5 Exploration licences in effect that have
10 been renewed once
(1) This clause applies--
(a) to an exploration licence (other than a
specified licence)--
(i) that is in effect on the
15 commencement of section 19 of
the amending Act; and
(ii) has been renewed once before that
commencement; and
(b) whether or not an application has been
20 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
25 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--
30 (a) for one period that does not exceed
2 years; and
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(b) after that, for another period not
exceeding 2 years but only if the
Minister--
(i) considers there are exceptional
5 circumstances to warrant that
renewal; and
(ii) is satisfied that there is a
likelihood of the licensee
identifying minerals in the land
10 covered by the licence during the
period for which the licence may
be renewed.
6 Exploration licences in effect for more
than 10 years
15 (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
20 the amending Act; and
(ii) that has been, before that
commencement, in effect for a
period of more than 10 years; and
(b) whether or not an application has been
25 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
30 exploration licence.
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(3) Despite section 31(5) and (6), and the
periods specified in section 32(2) or (2A),
the Minister may renew the exploration
licence--
5 (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
10 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
15 likelihood of the licensee
identifying minerals in the land
covered by the licence during the
period for which the licence may
be renewed.
20 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
25 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 not within the
30 outer boundaries of the land described
in mining licences No. 5344 granted on
10 August 1987 and No. 5364 granted
on 16 November 1989;
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(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
5 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
10 outer boundaries of the land described
in any of the following mining
licences--
(i) No. 4847 granted on 3 November
1989;
15 (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
20 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
25 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;
30 (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
35 9 August 2006 and No. 5497 granted on
26 August 2009;
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(g) exploration licence No. 4282 granted
on 30 April 1998 to the extent that the
licence covers land not within the outer
boundaries of the land described in
5 mining licences No. 5367 granted on
24 May 2002 and No. 5506 granted on
17 December 2008.
(2) Subject to subclause (3), sections 31 and 32
apply to an application for the renewal of an
10 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
15 licence to which this clause applies--
(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
20 (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--
25 (i) considers there are exceptional
circumstances to warrant that
renewal; and
(ii) is satisfied that there is a
likelihood of the licensee
30 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
35 apply to the exploration licence.
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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
5 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
10 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;
15 (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
20 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
25 of the following mining licences--
(i) No. 4847 granted on 3 November
1989;
(ii) No. 5396 granted on 5 October
1988;
30 (iii) No. 5444 granted on 5 April 2006;
(d) exploration licence No. 3242 granted
on 24 April 1987 to the extent that the
licence covers land within the outer
boundaries of the land described in
35 mining licences No. 4470 granted on
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14 August 1979 and No. 5378 granted
on 25 July 1988;
(e) exploration licence No. 3422 granted
on 31 January 1994 to the extent that
5 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
10 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;
15 (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
20 17 January 1989.
(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
25 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
30 amending Act
(1) This clause applies--
(a) to an exploration licence to which
clause 4 of this Schedule applies; and
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(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.
5 (2) Section 38A(2A) applies to the exploration
licence.
10 Decreases in area under current
exploration licences--second renewal
after amending Act
10 (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
15 section 21 of the amending Act for the
second renewal of that licence.
(2) Section 38A(2A) and (2B) apply to the
exploration licence.
11 Decreases in area under current
20 exploration licences in effect 10 years or
more on renewal
(1) This clause applies--
(a) to an exploration licence to which
clause 5 or 6 of this Schedule applies;
25 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.
30 (2) Section 38A(2A) and (2B) apply to the
exploration licence.".
__________________
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Part 3--Other Amendments to the Mineral Resources (Sustainable
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PART 3--OTHER AMENDMENTS TO THE MINERAL
RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990
31 Amendment of purpose
In section 1 of the Principal Act--
5 (a) after "encourage" insert "mineral
exploration and"; and
(b) after "use of" insert ", and extract the value
from,".
32 Definitions
10 In section 4(1) of the Principal Act insert the
following definitions--
"specified work plan means a work plan for work
in respect of which a planning permit under
the Planning and Environment Act 1987 is
15 required;
specified variation, in relation to an approved
work plan, means a variation to work--
(a) that is being carried out in accordance
with the approved work plan; and
20 (b) in respect of which a planning permit
under the Planning and Environment
Act 1987 is required;
statutorily endorsed, in relation to a work plan or
a variation to an approved work plan, means
25 endorsed in accordance with Part 6B;".
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Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 33
Development) Act 1990
33 Royalties for lignite--definition of gigajoule unit of
lignite
In section 12A(5) of the Principal Act, for the
definition of gigajoule unit of lignite
5 substitute--
"gigajoule unit of lignite means a quantity of
lignite which, when mined and measured at a
prescribed time and in the prescribed
manner, has a net wet specific energy
10 content of 1 gigajoule.".
34 Work plans--work under licences
Before section 40(1A) of the Principal Act
insert--
"(1AB) A specified work plan lodged under
15 subsection (1) must be statutorily endorsed.".
35 Variation of work plan on application of a licensee
After section 41(2A) of the Principal Act insert--
"(2AA) A specified variation that is the subject of the
application must be statutorily endorsed.".
20 36 Consent for low impact exploration work
(1) In section 39(4)(b) of the Principal Act, for
"and (e)" substitute ", (e)(ii) to (iv) and (ea)".
(2) In section 43(1)(e) of the Principal Act, for "(2)."
substitute "(2); and".
25 (3) After section 43(1)(e) of the Principal Act
insert--
"(ea) if the land affected is private land and the
work is low impact exploration work, the
licensee has obtained the written consent or
30 informed verbal consent of the owners and
occupiers of the land affected.".
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Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 37
Development) Act 1990
37 Miner's right
In section 55(3) of the Principal Act, for "2 years"
substitute "10 years".
38 Tourist fossicking authority
5 In section 59(2) of the Principal Act, for "2 years"
substitute "10 years".
39 Abolition of Mining and Environment Advisory
Committee
Part 4 of the Principal Act is repealed.
10 40 Consequential amendment on abolition of Mining
and Environment Advisory Committee
For section 46(1) of the Principal Act
substitute--
"(1) The Minister may authorise a licensee to do
15 work within the area prohibited by section
45(1)(a)(i) or within 100 metres below that
area after consultation with--
(a) the municipal council in whose
municipal district an area is situated;
20 and
(b) any community group or member of the
community whom the Minister
considers should be consulted about the
proposed work.".
25 41 Repeal of tourist mine authority provisions
Division 3 of Part 5 of the Principal Act is
repealed.
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Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 42
Development) Act 1990
42 Consequential amendments on repeal of tourist
mine authority provisions
(1) In section 4(1) of the Principal Act--
(a) in the definition of dispute, in paragraph (f),
5 for ", tourist fossicking authority or tourist
mine authority" substitute "or tourist
fossicking authority";
(b) in the definition of worksite, for ", a tourist
fossicking authority or a tourist mine
10 authority" substitute "or tourist fossicking
authority";
(c) the definition of tourist mine is repealed.
(2) In section 8(1)(a) of the Principal Act, for
", a tourist fossicking authority or a tourist mine
15 authority" substitute "or tourist fossicking
authority".
(3) In section 110(7) of the Principal Act, for
", a tourist fossicking authority or a tourist mine
authority" substitute "or tourist fossicking
20 authority".
(4) Section 124(1)(i) of the Principal Act is repealed.
43 Work plans--extractive industries
After section 77G(2) of the Principal Act insert--
"(2A) A specified work plan that is lodged under
25 subsection (1) must be statutorily endorsed.".
44 Variations to work plans--extractive industries
After section 77H(3) of the Principal Act insert--
"(3A) A proposed specified variation that is the
subject of the application must be statutorily
30 endorsed.".
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Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 45
Development) Act 1990
45 New Part 6B inserted
After Part 6A of the Principal Act insert--
"PART 6B--STATUTORY ENDORSEMENT OF
WORK PLANS
5 77TA Definitions
In this Part--
referral authority means a person or body
that has been specified in a planning
scheme under the Planning and
10 Environment Act 1987 as a referral
authority under that Act;
statutory endorsement means an
endorsement of a work plan or a
variation to an approved work plan
15 under section 77TD.
77TB Application of Part
This Part applies to--
(a) a work plan for work in respect of
which a planning permit under the
20 Planning and Environment Act 1987
is required; or
(b) a variation of an approved work plan
for a variation to work--
(i) that is being carried out in
25 accordance with the approved
work plan; and
(ii) in respect of which a planning
permit under the Planning and
Environment Act 1987 is
30 required.
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Mineral Resources Amendment (Sustainable Development) Bill 2010
Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 45
Development) Act 1990
77TC Giving of work plan or variation to
approved work plan for statutory
endorsement
A licensee or holder of an extractive industry
5 work authority may give to the Department
Head, for statutory endorsement, a work plan
or a variation to an approved work plan.
77TD Department Head may endorse work plan
or variation to approved work plan
10 (1) Subject to this Part, on receiving a work plan
or a variation to an approved work plan, the
Department Head may, by written notice,
endorse or refuse to endorse--
(a) the work plan; or
15 (b) the variation to the approved work plan.
(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
20 comments the referral authority gives to the
Department Head, under section 77TF.
(3) The Department Head may, in a statutory
endorsement, specify that certain conditions
must be observed by the licensee or holder of
25 an extractive industry work authority in
carrying out an approved work plan.
(4) In the case of a statutory endorsement of a
variation to an approved work plan, the
conditions specified under subsection (3)
30 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);
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Mineral Resources Amendment (Sustainable Development) Bill 2010
Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 45
Development) Act 1990
(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).
5 (5) The Department Head must give the licensee
or a holder of an extractive industry work
authority who gave the work plan or the
variation to an approved work plan, his or
her statement of reasons for his or her
10 decision under this section.
77TE Department Head must give work plan or
variation application to referral authority
(1) On receiving a work plan or a variation to an
approved work plan, the Department Head
15 must, without delay, 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
20 variation, should be given the work plan or
variation.
(2) Before complying with subsection (1), the
Department Head must be satisfied that the
work plan or the variation to an approved
25 work plan complies with the regulations.
77TF Referral authority must consider work
plan and variation of approved work plan
(1) A referral authority must consider every
work plan and variation to an approved work
30 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
35 variation to the approved work
plan;
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Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 45
Development) Act 1990
(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
5 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
10 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.
15 (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
20 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.
25 77TG Interrelationship with the Planning and
Environment Act 1987
(1) Despite anything to the contrary in the
Planning and Environment Act 1987,
section 55(1) of that Act does not apply to
30 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.
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Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 45
Development) Act 1990
(2) However, for the purposes of subsection (1),
a referral authority does not include the
Department Head or Department (as the case
requires).
5 77TH Review by Tribunal
(1) A licensee or holder of an extractive industry
work authority who gives the Department
Head a work plan or variation to an approved
work plan to which this Part applies may
10 apply to the Tribunal for review of a decision
of the Department Head under
section 77TD--
(a) to refuse to statutorily endorse the work
plan or variation to the approved work
15 plan; or
(b) to statutorily endorse the work plan or
variation to the approved work plan
subject to conditions.
(2) An application for review must be made
20 within 28 days after the later of--
(a) the day on which the decision is made;
(b) either--
(i) the day on which the statement of
reasons for the decision is given to
25 the licensee under section 77TD;
or
(ii) if, under the Victorian Civil and
Administrative Tribunal Act
1998, the licensee or holder of an
30 extractive industry work authority
requests a statement of reasons for
the decision, the day on which the
statement of reasons is given to
the licensee or holder or the
35 licensee or holder is informed
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Mineral Resources Amendment (Sustainable Development) Bill 2010
Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 46
Development) Act 1990
under section 46(5) of that Act
that a statement of reasons will not
be given.
__________________".
5 46 What compensation is payable for
(1) In section 85(1) of the Principal Act, after "private
land" insert "that is land affected".
(2) After section 85(1) of the Principal Act insert--
"(1A) Compensation is payable by the licensee to
10 the owner or occupier of private land that is
not land 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
15 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
20 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
25 (f) any decrease in the market value of the
owner or occupier's interest in the
land.".
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Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 47
Development) Act 1990
47 Compensation agreement
(1) For section 87(1) of the Principal Act
substitute--
"(1) The licensee and the owner or occupier of
5 land to which this section applies may enter
into a written 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
10 reasonable consequence of the approval of
the work plan or the doing of work under the
licensee's licence.".
(2) After section 87(2) of the Principal Act insert--
"(2A) A compensation agreement may be about the
15 amount or kind of compensation payable
under section 85(1) or (1A).".
(3) After section 87(3) of the Principal Act insert--
"(4) This section applies to private land (whether
or not that land is land affected).".
20 48 Limit on total amount of compensation
(1) In section 89(1) of the Principal Act, after
"section 85(1)" insert "or (1A)".
(2) In section 89(3) of the Principal Act, after
"section 85(1)(e)" insert "or (1A)(b)".
25 49 Regulation making powers--measuring net wet
specific energy content of lignite
After section 124(1)(a) of the Principal Act
insert--
"(aa) methodologies for measuring the net wet
30 specific energy content of lignite;
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Part 3--Other Amendments to the Mineral Resources (Sustainable
s. 50
Development) Act 1990
(ab) the time at which, and the manner in which,
lignite may be sampled for the purpose of
measuring the net wet specific energy
content of lignite;".
5 50 New section 135A inserted
After section 135 of the Principal Act insert--
"135A Transitional provision--2010
amendments abolishing the Mining and
Environment Advisory Committee
10 On the day section 39 of the Mineral
Resources Amendment (Sustainable
Development) Act 2010 comes into
operation--
(a) the Mining and Environment Advisory
15 Committee is abolished; and
(b) a person holding office as a member of
the Mining and Environment Advisory
Committee ceases to hold office.".
51 Statute law revision
20 In section 79A(1) of the Principal Act, after
"section 78" insert "or 78A".
__________________
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Mineral Resources Amendment (Sustainable Development) Bill 2010
Part 4--Amendment of Victorian Energy Efficiency Target Act 2007
s. 52
PART 4--AMENDMENT OF VICTORIAN ENERGY
EFFICIENCY TARGET ACT 2007
52 Who may create a certificate
See: For section 16(3)(a) of the Victorian Energy
Act No.
5 70/2007 Efficiency Target Act 2007 substitute--
and
amending "(a) by--
Act No.
23/2009. (i) written notice; or
LawToday:
www.
legislation.
(ii) by notice in a manner that is prescribed,
vic.gov.au in the case of a prescribed activity that
10 is prescribed for the purposes of this
subparagraph; and".
53 Regulations
After section 75(2) of the Victorian Energy
Efficiency Target Act 2007 insert--
15 "(2A) Regulations made under this Act may, for
the purposes of section 16(3)(a)(ii),
prescribe, as a manner, a manner that is done
before the commencement of section 52 of
the Mineral Resources Amendment
20 (Sustainable Development) Act 2010.".
__________________
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Mineral Resources Amendment (Sustainable Development) Bill 2010
Part 5--Repeal of Amending Act
s. 54
PART 5--REPEAL OF AMENDING ACT
54 Repeal
This Act is repealed on 1 February 2013.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Mineral Resources Amendment (Sustainable Development) Bill 2010
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561490B.I-27/7/2010 54 BILL LA INTRODUCTION 27/7/2010
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