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Mineral Resources (Sustainable Development)
Amendment (Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
Part 2--Latrobe Valley Mine Rehabilitation Commissioner
amendments 3
4 Definitions 3
5 New Parts 7A and 7B inserted 4
Part 3--Post regional rehabilitation strategy amendments 28
6 Definitions 28
7 Functions and powers of the Commissioner 28
8 Division 7 of Part 7A substituted 30
Part 4--Other related amendments 32
9 Application for variation of work plan 32
10 Approval of variation of work plan 33
Part 5--Repeal of amending Act 34
11 Repeal of amending Act 34
═══════════════
Endnotes 35
1 General information 35
i
Mineral Resources (Sustainable
Development) Amendment (Latrobe
Valley Mine Rehabilitation
Commissioner) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purpose
The main purpose of this Act is to amend the
Mineral Resources (Sustainable Development)
Act 1990--
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Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 1--Preliminary
(a) to establish the office of the Latrobe Valley
Mine Rehabilitation Commissioner and to
provide for the functions, powers and duties
of the office; and
(b) to provide for the development, publication
and review of a strategy for the rehabilitation
of coal mine land in the Latrobe Valley
region; and
(c) to provide for on the publication of the
strategy for the additional functions and
powers of the Latrobe Valley Mine
Rehabilitation Commissioner in relation to
the strategy; and
(d) to make further provision in relation to the
consultation requirements for the variation of
work plans in relation to work carried out on
coal mine land.
2 Commencement
(1) Subject to subsection (3), this Act (other than
Part 3) comes into operation on a day or days to
be proclaimed.
(2) Part 3 comes into operation on 1 July 2020.
(3) If a provision of this Act (other than Part 3) does
not come into operation before 1 July 2017, it
comes into operation on that day.
3 Principal Act
In this Act, the Mineral Resources (Sustainable
Development) Act 1990 is called the Principal
Act.
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4 Definitions
In section 4(1) of the Principal Act insert the
following definitions--
"coal mine land means the land covered by any of
the following licences (whether or not those
licences are in force)--
(a) mining licence No. 5003;
(b) mining licence No. 5004;
(c) mining licence No. 5189;
(d) mining licence No. 5216;
(e) mining licence No. 5304;
Commissioner means the Latrobe Valley Mine
Rehabilitation Commissioner appointed
under section 84AF;
Latrobe Valley region means the region
constituted by the municipal districts of
the Latrobe City Council, Baw Baw Shire
Council and Wellington Shire Council;
regional rehabilitation strategy means the
strategy prepared under section 84AZM;".
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5 New Parts 7A and 7B inserted
After Part 7 of the Principal Act insert--
"Part 7A--Latrobe Valley Mine
Rehabilitation Commissioner
Division 1--Preliminary
84AA Definitions
In this Part--
annual report means a report prepared under
section 84AZH;
authorised officer means a person authorised
under section 84AU;
framework means the framework published
under section 84AZD;
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;
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;
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referral report means a report published
under section 84AZG;
regulatory framework has the meaning
given by section 84AC;
rehabilitation planning activity means an
activity carried out by a public sector
body or a Latrobe Valley licensee to
plan in relation to the rehabilitation of
coal mine land including--
(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 rehabilitation
plan or activity to assist the
preparation of the regional
rehabilitation strategy.
84AB Meaning of public sector body
For the purposes of this Part, a public sector
body is one of the following entities--
(a) the Department Head of the
Department of Economic Development,
Jobs, Transport and Resources;
(b) the Department Head of the
Department of Environment, Land,
Water and Planning;
(c) the Environment Protection Authority
under the Environment Protection
Act 1970;
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(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;
(j) the Roads Corporation under the
Transport Integration Act 2010;
(k) a public sector body (within the
meaning of the Public Administration
Act 2004) that is prescribed.
84AC Meaning of regulatory framework
For the purposes of this Part, the regulatory
framework is--
(a) the provisions of this Act or any
regulations made under this Act or any
instrument made under this Act that
apply to the rehabilitation of and the
activities carried out on coal mine land;
and
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(b) an approval, authority or permission
given, granted or issued under another
Act relating to activities--
(i) carried out on coal mine land; and
(ii) to which a rehabilitation plan
applies.
Division 2--Appointment, terms
and conditions
84AD Latrobe Valley Mine Rehabilitation
Commissioner
There is to be a Latrobe Valley Mine
Rehabilitation Commissioner.
84AE Objectives of the Commissioner
The objectives of the Commissioner are--
(a) to provide assurance to the Victorian
community that public sector bodies
and the Latrobe Valley licensees are--
(i) planning for the rehabilitation of
coal mine land; and
(ii) implementing the regional
rehabilitation strategy; and
(b) to promote the participation of the
community and stakeholders from
the Latrobe Valley region in the
development and 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.
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84AF Appointment
(1) Subject to subsection (2), the Governor
in Council, on the recommendation of the
Minister, by instrument, may appoint a
person as Commissioner.
(2) A person is eligible for appointment as
Commissioner if the person has expertise
relating to the rehabilitation of mines.
84AG Remuneration
The Commissioner is entitled to the
remuneration and allowances determined
from time to time by the Governor in
Council.
84AH Terms and conditions of appointment
(1) The Commissioner--
(a) holds office for the period, not
exceeding 5 years, specified in the
instrument of appointment; and
(b) is appointed on a full-time or part-time
basis, as specified in the instrument of
appointment; and
(c) is eligible to be reappointed; and
(d) 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 the
Commissioner in respect of that office.
84AI Acting appointment
(1) The Governor in Council, on the
recommendation of the Minister, by
instrument, may appoint a person to act as
the Commissioner--
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(a) during a vacancy in the office of the
Commissioner; or
(b) during any period when--
(i) the Commissioner is absent; or
(ii) the Commissioner is for any
other reason unable to perform
the duties of the office.
(2) An appointment under subsection (1) is for
the period, not exceeding 6 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 Commissioner.
(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 Commissioner in
respect of that office.
(6) While a person is acting as the
Commissioner, the person has all the
powers and may perform any of the
functions of the Commissioner.
(7) The Governor in Council may revoke an
appointment under subsection (1) at any
time.
84AJ Vacancy and resignation
The Commissioner ceases to hold office if
the Commissioner--
(a) resigns by notice given to the Minister;
or
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(b) is removed from office under
section 84AK.
84AK Removal from office
The Governor in Council, on the
recommendation of the Minister, at
any time may remove or suspend the
Commissioner on any of the following
grounds--
(a) misconduct;
(b) neglect of duty;
(c) inability to perform the functions and
powers of the Commissioner;
(d) any other ground on which the
Governor in Council is satisfied that
the Commissioner should not be the
Commissioner.
Division 3--Functions and powers
84AL Functions and powers of the
Commissioner
(1) The Commissioner has the following
functions--
(a) to develop and maintain a framework
for the monitoring and evaluation of
rehabilitation planning activities;
(b) to carry out strategic audits of public
sector bodies and Latrobe Valley
licensees in relation to rehabilitation
planning activities;
(c) to monitor and evaluate rehabilitation
planning activities in accordance with
the framework;
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(d) to review any research plan in relation
to the rehabilitation of coal mine land
prepared by a Latrobe Valley licensee
and make recommendations, if any,
following a review to the relevant
Latrobe Valley licensee;
(e) to coordinate rehabilitation planning
activities;
(f) to engage with the following groups
and persons in relation to the
rehabilitation of coal mine land--
(i) the Victorian community;
(ii) other stakeholders;
(iii) public sector bodies;
(iv) the Latrobe Valley licensees;
(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 Latrobe Valley licensees;
(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 the Commissioner with the
Victorian community or
stakeholders; and
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(iii) the planning for the
monitoring, and completion,
of the rehabilitation of coal
mine land; and
(iv) the planning for the monitoring
and maintenance of coal mine
land that has been rehabilitated;
and
(v) the regional rehabilitation
strategy; and
(vi) the rehabilitation plans of the
Latrobe Valley licensees;
(i) to provide information and education to
the Victorian community about--
(i) the planning for the rehabilitation
of coal mine land; and
(ii) the regional rehabilitation
strategy;
(j) to carry out investigations on
the referral of the Minister under
Division 4;
(k) to provide advice, reports and
recommendations to the Minister on
matters referred to the Commissioner
under Division 4;
(l) to provide advice, recommendations
and reports to the Minister on the
exercise of the Commissioner's
functions;
(m) other functions conferred on the
Commissioner under this Act.
(2) The Commissioner has all the powers that
are necessary or convenient to perform the
Commissioner's functions under this Part.
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84AM Commissioner to have regard to objective,
regional rehabilitation strategy and
regulatory framework
In performing a function or exercising a
power under this Part the Commissioner
must have regard to--
(a) the objective of the Commissioner; and
(b) the regional rehabilitation strategy; and
(c) the regulatory framework.
84AN Staff to be provided
The Department Head must ensure that the
Commissioner is provided with any public
sector employees that are necessary to assist
the Commissioner in performing the
Commissioner's functions.
84AO Assistance to be provided by the
Department Head
The Department Head must ensure
that the Commissioner is provided with
any assistance in connection with the
performance of the Commissioner's
functions that the Commissioner reasonably
requires.
84AP Assistance to be provided by a public
sector body and a Latrobe Valley licensee
A public sector body and a Latrobe Valley
licensee must ensure that the Commissioner
is provided with any assistance in connection
with the reasonable performance of the
Commissioner's functions that the
Commissioner reasonably requires.
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Division 4--Investigations by
the Commissioner
84AQ Minister may refer a matter for
investigation to the Commissioner
(1) The Minister, by notice published in the
Government Gazette, may refer to the
Commissioner for investigation a matter
that relates to--
(a) the rehabilitation of coal mine land; or
(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
(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
(1) This section applies if--
(a) a matter has been referred to the
Commissioner under this Division; and
(b) the Commissioner believes on
reasonable grounds that it is necessary
for the Commissioner or an authorised
officer to enter coal mine land or any
land adjacent to coal mine land for the
purposes of investigating the referred
matter.
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(2) The Commissioner or an authorised officer
may enter, without consent, coal mine land
or any land adjacent to coal mine land but
only between the hours of 9 a.m. and 5 p.m.
(3) The Commissioner or the authorised officer
must not, under this section, enter any part of
coal mine land or any land adjacent to coal
mine land that is residential premises.
(4) On entering the land under this section, the
Commissioner or the authorised officer may
do all or any of the following--
(a) inspect the land;
(b) take and keep samples (without
payment) of any thing found on the
land, if the Commissioner or the
authorised officer believes on
reasonable grounds that the thing is
relevant to the referral investigation;
(c) make any still or moving image or
audio-visual recording that the
Commissioner or the authorised officer
believes on reasonable grounds is
relevant to the referral investigation;
(d) take measurements of any thing on the
land.
(5) The Commissioner or the authorised officer
must not enter any land under this section
unless, before that entry, the Commissioner
or the authorised officer--
(a) has produced the Commissioner's
identification or the authorised officer's
identity card to the occupier or the
apparent occupier for inspection; and
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(b) has taken all reasonable steps to notify
the occupier or the apparent occupier of
the land of the entry.
(6) If the Commissioner or the authorised officer
exercises a power of entry under this section
without the occupier or the apparent occupier
being present the Commissioner or 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
(e) the contact details of the Commissioner
or the authorised officer.
84AS Occupier or apparent occupier of land
must assist Commissioner or authorised
officer to enter
The occupier, or apparent occupier for the
time being, of land which the Commissioner
or the authorised officer wants to enter under
section 84AR must not, without reasonable
excuse, refuse or fail to provide such
assistance as the Commissioner or the
authorised officer may reasonably require to
enter the land.
Penalty: In the case of a corporation,
300 penalty units;
In any other case, 60 penalty
units.
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84AT Occupier or apparent occupier of land
must assist Commissioner or authorised
officer to inspect
The occupier, or apparent occupier for the
time being, of land which the Commissioner
or the authorised officer wants to inspect
under section 84AR must not, without
reasonable excuse, refuse or fail to provide
such assistance as the Commissioner or the
authorised officer may reasonably require to
inspect the land.
Penalty: In the case of a corporation,
300 penalty units;
In any other case, 60 penalty
units.
84AU Authorised officers under this Division
(1) The Department Head, by instrument,
may 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 Commissioner under section 84AN;
(b) an inspector.
(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
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(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.
84AV Authorised officer's identity cards
(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.
Division 5--Giving of documents
or other things
84AW Giving of documents or other things to the
Commissioner by Latrobe Valley licensees
(1) For the purposes of a referral investigation,
the Commissioner, by written notice given
to a Latrobe Valley licensee, may require
the licensee to give to the Commissioner a
document or other thing specified in the
notice that is held by the Latrobe Valley
licensee.
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(2) A notice under subsection (1) must specify
the time within and manner with which the
document or other thing must be given to the
Commissioner.
(3) A Latrobe Valley licensee given a notice
under subsection (1) must not, without
reasonable excuse, refuse or fail to comply
with the notice.
Penalty: In the case of a corporation,
300 penalty units;
In any other case, 60 penalty
units.
(4) A Latrobe Valley licensee must not in
purported compliance with a notice under
subsection (1) give to the Commissioner a
document or 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.
84AX Giving of documents or other things to the
Commissioner by public sector bodies
(1) For the purposes of a referral investigation
the Commissioner, by written notice given to
a public sector body, may require the public
sector body to give to the Commissioner
any document or other thing specified in the
notice that is held by the public sector body.
(2) A notice under subsection (1) must
specify the time and manner within which
the document or other thing must be given
to the Commissioner.
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(3) A public sector body must comply with a
notice under subsection (1).
84AY Confidentiality of document or other
thing given under a notice
(1) A document or thing given under
section 84AW or 84AX to the
Commissioner is not 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).
Division 6--Information gathering
by the Commissioner
84AZ Definition
In this Division--
non-investigatory function means a function
of the Commissioner under this Part
other than a function under Division 4.
84AZA Notice requiring documents or
information from public sector body
(1) The Commissioner, by written notice
given to a public sector body, may require
the body to give to the Commissioner a
document or information the Commissioner
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 to be given to the
Commissioner; and
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(b) the time within and manner with which
the document or information must be
given to the Commissioner.
84AZB Notice requiring documents or
information from Latrobe Valley licensee
(1) The Commissioner, by written notice given
to a Latrobe Valley licensee, may require
the licensee to give to the Commissioner a
document or information the Commissioner
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 to be given to the
Commissioner; and
(b) the time within and manner with
which the document or information
must be given to the Commissioner.
(3) A Latrobe Valley licensee given a notice
under subsection (1) must not, without
reasonable 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.
Division 7--Framework for monitoring
rehabilitation planning activities
84AZC Commissioner must prepare framework
(1) The Commissioner must prepare a document
that sets out a framework for the monitoring
and evaluation of rehabilitation planning
activities.
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(2) Without limiting subsection (1), the
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 rehabilitation
planning activities.
(3) The Commissioner must prepare the
framework in consultation with--
(a) community members and stakeholders
of the Latrobe Valley region; and
(b) public sector bodies; and
(c) the Latrobe Valley licensees.
84AZD Making the framework
The Commissioner must cause the
framework to be published on an Internet
site maintained by the Department as soon
as practicable after the framework is made.
84AZE Amendment of framework
The Commissioner may amend the
framework at any time.
84AZF Making an amendment to the framework
(1) The Commissioner must cause to be
published on an Internet site maintained by
the Department the framework, as amended
under section 84AZE.
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(2) As soon as practicable after the amended
framework is published under subsection (1),
the Commissioner must publish a notice
stating the date of the publication of the
amended framework under subsection (1)
in the Government Gazette.
Division 8--Reports and reviews of
the Commissioner
84AZG Report of referral investigation
(1) The Commissioner must cause to be
published on an Internet site maintained
by the Department a report on a referral
investigation after giving the report to the
Minister.
(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 Commissioner
(1) The Commissioner by 30 September in each
year must make a report on the performance
of the Commissioner's functions and the
exercise of the Commissioner'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 Commissioner must give a report made
under subsection (1) to the Minister.
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(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
of Parliament under subsection (4), the
Commissioner must cause to be published
a copy of the report on an Internet site
maintained by the Department.
84AZI Consultation
Before publishing a referral report or an
annual report, the Commissioner must
consult with any public sector body or
Latrobe Valley licensee in relation to
factual information relating to the public
sector body or the Latrobe Valley licensee
that is to be contained in the published
report.
84AZJ Reports to the Minister
The Commissioner may report to the
Minister on any matter relating to the
performance of the Commissioner's
functions.
84AZK Commissioner review of research plans of
a Latrobe Valley licensee
(1) The Commissioner may review a research
plan in relation to the rehabilitation of coal
mine land prepared by a Latrobe Valley
licensee.
(2) The Commissioner on carrying out a
review under subsection (1) may make
recommendations or provide comments
to the Latrobe Valley licensee.
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Division 9--Protections for persons
acting under this Part
84AZL Protection against self-incrimination
It is a reasonable excuse for a natural person
to 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.
Part 7B--Regional rehabilitation
strategy
84AZM Minister must prepare a strategy for the
rehabilitation of coal mine land
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.
25
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 2--Latrobe Valley Mine Rehabilitation Commissioner amendments
84AZN Publication of regional rehabilitation
strategy
(1) The Minister must cause to be published
on an 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
The Minister must review the regional
rehabilitation strategy at least once every
3 years after it is published.
84AZP Amendment of regional rehabilitation
strategy
The Minister may amend the regional
rehabilitation strategy at any time.
84AZQ Publication of amendment to regional
rehabilitation strategy
(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.
26
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 2--Latrobe Valley Mine Rehabilitation Commissioner amendments
84AZR Minister must consult
Before publishing the regional rehabilitation
strategy under section 84AZN or an
amendment under section 84AZQ, the
Minister must consult the Commissioner.".
27
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 3--Post regional rehabilitation strategy amendments
Part 3--Post regional rehabilitation
strategy amendments
6 Definitions
(1) In section 84AA of the Principal Act--
(a) the definition of framework is repealed;
(b) insert the following definition--
"monitoring framework means the
framework published under
section 84AZD;".
(2) In section 84AA of the Principal Act, in the
definition of rehabilitation planning activity, in
paragraph (e), for "to assist the preparation of"
substitute ", including for the purposes of
implementing".
7 Functions and powers of the Commissioner
(1) For section 84AL(1)(a) of the Principal Act
substitute--
"(a) to monitor and evaluate the implementation
of the regional rehabilitation strategy in
accordance with the monitoring
framework;".
(2) In section 84AL(1)(b) of the Principal Act, for
"rehabilitation planning activities" substitute
"the implementation of rehabilitation planning
activities and the regional rehabilitation strategy".
(3) In section 84AL(1)(c) of the Principal Act, for
"rehabilitation planning activities in accordance
with the framework" substitute "implementation
and effectiveness of rehabilitation planning
activities and the regional rehabilitation strategy
in accordance with the monitoring framework".
28
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 3--Post regional rehabilitation strategy amendments
(4) In section 84AL(1)(m) of the Principal Act, for
"Act." substitute "Act;".
(5) After section 84AL(1)(m) of the Principal Act
insert--
"(n) to develop and maintain, in consultation with
the community, stakeholders, public sector
bodies and Latrobe Valley licensees, a
framework for--
(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;
(o) to monitor and report, in accordance with the
monitoring framework, on--
(i) the implementation by public sector
bodies and Latrobe Valley licensees of
the regional rehabilitation strategy; and
(ii) the effectiveness of the regional
rehabilitation strategy.".
29
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 3--Post regional rehabilitation strategy amendments
8 Division 7 of Part 7A substituted
For Division 7 of Part 7A of the Principal Act
substitute--
"Division 7--Monitoring framework
84AZC Commissioner must prepare monitoring
framework
(1) The Commissioner must prepare a document
that sets out a framework for the 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 Commissioner must prepare the
monitoring framework in consultation
with--
(a) community members and stakeholders
of the Latrobe Valley region; and
(b) public sector bodies; and
(c) the Latrobe Valley licensees.
30
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 3--Post regional rehabilitation strategy amendments
84AZD Making the monitoring framework
The Commissioner must cause the
monitoring framework to be published on an
Internet site maintained by the Department
as soon as practicable after the framework is
made.
84AZE Amendment of monitoring framework
The Commissioner may amend the
monitoring framework at any time.
84AZF Making an amendment to the monitoring
framework
(1) The Commissioner must cause to be
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 Commissioner must
publish a notice stating the date of the
publication of the amended monitoring
framework under subsection (1) in the
Government Gazette.".
31
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 4--Other related amendments
Part 4--Other related amendments
9 Application for variation of work plan
(1) After section 41(4) of the Principal Act insert--
"(4A) In the case of a mining licence, if any part
of the land relating to the proposed variation
of the work plan is land that forms part of
coal mine land, the Department Head must
without delay lodge a copy of the application
with the Commissioner.".
(2) After section 41(6) of the Principal Act insert--
"(7) Within 28 days after the application is
lodged with the Commissioner under
subsection (4A), or any longer period
allowed by the Minister, the
Commissioner--
(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;
(iii) in respect of the work plan, the
identification of mining hazards
on coal mine land in relation to
the ending of mining and the
rehabilitation of that land;
(iv) in respect of the work plan, the
identification and assessment of
risk on coal mine land in relation
to the ending of mining and the
rehabilitation of that land;
32
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 4--Other related amendments
(v) in respect of the work plan, the
risk management plan for coal
mine land in relation to the
ending of mining 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.".
10 Approval of variation of work plan
After section 41AAB(2)(e) of the Principal Act
insert--
"(ea) the Commissioner giving the Minister
comments under section 41(7);".
33
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
Part 5--Repeal of amending Act
Part 5--Repeal of amending Act
11 Repeal of amending Act
This Act is repealed on 1 July 2021.
Note
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).
═══════════════
34
Mineral Resources (Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
No. of 2017
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:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Mineral Resources (Sustainable Development) Act 1990 to establish
the Latrobe Valley Mine Rehabilitation Commissioner, to provide for the
making of a regional rehabilitation strategy and for other purposes."
By Authority. Government Printer for the State of Victoria.
35
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