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PARLIAMENT OF VICTORIA
Resources Legislation Amendment Bill 2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--AMENDMENTS TO THE MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990 3
3 Application for a licence 3
4 Boundaries of licence area must be surveyed and marked out 3
5 Cancellation of licence 3
6 Land subject to a licence under Part 2 3
PART 3--AMENDMENTS TO THE MINERAL RESOURCES
AMENDMENT (SUSTAINABLE DEVELOPMENT) ACT 2010 5
7 Application for a licence 5
8 Application procedure 5
9 Schedule 8 5
PART 4--AMENDMENTS TO THE GEOTHERMAL ENERGY
RESOURCES ACT 2005 7
10 New section 166A inserted 7
166A Surveys and drilling operations 7
PART 5--AMENDMENTS TO THE GREENHOUSE GAS
GEOLOGICAL SEQUESTRATION ACT 2008 9
11 Community consultation plans 9
12 Requirements for community consultation plan 9
13 Minister to approve community consultation plan 10
14 Plan to be provided to community 10
571172B.I-17/8/2011 i BILL LA INTRODUCTION 17/8/2011
Clause Page
PART 6--AMENDMENTS TO THE PIPELINES ACT 2005 11
15 Decision on application under section 68 11
16 New Division heading inserted 11
17 New section 82A inserted 11
82A Decommissioning part of a pipeline 11
18 New Division heading inserted 12
19 Right to seek review of decision to cancel 12
PART 7--AMENDMENTS TO THE OFFSHORE PETROLEUM
AND GREENHOUSE GAS STORAGE ACT 2010 13
20 Service of documents 13
21 Regulations 13
PART 8--REPEAL OF AMENDING ACT 15
22 Repeal of amending Act 15
ENDNOTES 16
571172B.I-17/8/2011 ii BILL LA INTRODUCTION 17/8/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Resources Legislation Amendment Bill
2011
A Bill for an Act to amend the Mineral Resources (Sustainable
Development) Act 1990, the Mineral Resources Amendment
(Sustainable Development) Act 2010, the Geothermal Energy
Resources Act 2005, the Greenhouse Gas Geological Sequestration
Act 2008, the Pipelines Act 2005 and the Offshore Petroleum and
Greenhouse Gas Storage Act 2010 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The main purpose of this Act is--
(a) to amend the Mineral Resources
5 (Sustainable Development) Act 1990--
(i) to further provide for the introduction
of prospecting and retention licences;
and
571172B.I-17/8/2011 1 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 1--Preliminary
s. 2
(ii) to provide that applicants for a
prospecting licence must give notice to
land owners and occupiers; and
(b) to amend the Mineral Resources
5 Amendment (Sustainable Development)
Act 2010 to provide additional transitional
arrangements for certain exploration
licences; and
(c) to amend the Geothermal Energy
10 Resources Act 2005 to enable the
authorisation of certain surveys and drilling
operations on land for the purpose of
geothermal exploration; and
(d) to amend the Greenhouse Gas Geological
15 Sequestration Act 2008 to provide that, in
certain specified cases, the holder of an
authority must submit a community
consultation plan within 3 months of the
grant of the authority; and
20 (e) to amend the Pipelines Act 2005 to provide
for part of a pipeline to be decommissioned;
and
(f) to make minor and technical amendments to
the Mineral Resources (Sustainable
25 Development) Act 1990, the Pipelines Act
2005 and the Offshore Petroleum and
Greenhouse Gas Storage Act 2010 to
improve their operation.
2 Commencement
30 (1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 December 2012, it comes into
operation on that day.
__________________
571172B.I-17/8/2011 2 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 2--Amendments to the Mineral Resources (Sustainable Development)
s. 3
Act 1990
PART 2--AMENDMENTS TO THE MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
3 Application for a licence
In section 15(5) of the Mineral Resources See:
Act No.
5 (Sustainable Development) Act 1990, after 92/1990.
"mining licence" insert "or a prospecting licence". Reprint No. 8
as at
14 October
2010
and
amending
Act Nos
59/2010,
74/2010,
78/2010 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
4 Boundaries of licence area must be surveyed and
marked out
In section 38AA(1) of the Mineral Resources
10 (Sustainable Development) Act 1990, after
"mining licence" insert ", prospecting licence or
retention licence".
5 Cancellation of licence
In section 38(1A) of the Mineral Resources
15 (Sustainable Development) Act 1990, for
"31(1A)" substitute "31(1)".
6 Land subject to a licence under Part 2
In section 77S of the Mineral Resources
(Sustainable Development) Act 1990--
20 (a) in subsection (1)(b) and (c), for
"an exploration and mining licence"
substitute "a licence"; and
571172B.I-17/8/2011 3 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 2--Amendments to the Mineral Resources (Sustainable Development)
s. 6
Act 1990
(b) in subsection (3), for "an exploration and
mining licence" substitute "a licence".
__________________
571172B.I-17/8/2011 4 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 3--Amendments to the Mineral Resources Amendment (Sustainable
s. 7
Development) Act 2010
PART 3--AMENDMENTS TO THE MINERAL RESOURCES
AMENDMENT (SUSTAINABLE DEVELOPMENT) ACT 2010
7 Application for a licence
In section 9(5) of the Mineral Resources See:
Act No.
5 Amendment (Sustainable Development) Act 59/2010
2010, in proposed section 15(1A)(g)(i) of the and
amending
Mineral Resources (Sustainable Development) Act No.
Act 1990, for "and" substitute "or". 29/2011.
Statute Book:
www.
legislation.
vic.gov.au
8 Application procedure
10 In section 15(b) of the Mineral Resources
Amendment (Sustainable Development) Act
2010, for "(6A) to (6C)" substitute "15(6A)
to (6C)".
9 Schedule 8
15 (1) In section 30 of the Mineral Resources
Amendment (Sustainable Development) Act
2010, for the heading to proposed clause 5 of
Schedule 8 to the Mineral Resources
(Sustainable Development) Act 1990
20 substitute--
"Exploration licences in effect for 10 years or
less and that have been renewed at least once".
(2) In section 30 of the Mineral Resources
Amendment (Sustainable Development) Act
25 2010, for proposed clause 5(1)(a)(ii) of
Schedule 8 to the Mineral Resources
(Sustainable Development) Act 1990
substitute--
"(ii) that has been, at the time of commencement,
30 in effect for a period of 10 years or less and
renewed at least once; and".
571172B.I-17/8/2011 5 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 3--Amendments to the Mineral Resources Amendment (Sustainable
s. 9
Development) Act 2010
(3) In section 30 of the Mineral Resources
Amendment (Sustainable Development) Act
2010, in proposed clause 7(1) of Schedule 8 to the
Mineral Resources (Sustainable Development)
5 Act 1990--
(a) in paragraph (g), for "17 December 2008."
substitute "17 December 2008;"; and
(b) after paragraph (g) insert--
"(h) exploration licence No. 3242 granted
10 on 24 April 1987 to the extent that the
licence covers land not within the outer
boundaries of the land described in the
mining licence No. 4470 granted on
14 August 1979;
15 (i) exploration licence No. 3422 granted
on 31 January 1994 to the extent that
the licence covers land not within the
outer boundaries of the land described
in the mining licence No. 5146 granted
20 on 17 December 1996;
(j) exploration licence No. 3640 granted
on 15 September 1994 to the extent that
the licence covers land not within the
outer boundaries of the land described
25 in the mining licence No. 4756 granted
on 17 January 1989.".
(4) In section 30 of the Mineral Resources
Amendment (Sustainable Development) Act
2010, in proposed clause 8(1)(d) of Schedule 8 to
30 the Mineral Resources (Sustainable
Development) Act 1990--
(a) for "licences" substitute "licence"; and
(b) omit "and No. 5378 granted on 25 July
1988".
__________________
571172B.I-17/8/2011 6 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 4--Amendments to the Geothermal Energy Resources Act 2005
s. 10
PART 4--AMENDMENTS TO THE GEOTHERMAL ENERGY
RESOURCES ACT 2005
10 New section 166A inserted
After section 166 of the Geothermal Energy See:
Act No.
5 Resources Act 2005 insert-- 7/2005.
Reprint No. 1
"166A Surveys and drilling operations as at
31 July 2008
(1) The Minister may authorise in writing any and
amending
person to enter, or fly over, any land for the Act Nos
purpose of making a land, geothermal or 4/2008,
10/2010,
10 geological survey on behalf of the 55/2010,
Department. 62/2010 and
74/2010.
(2) The Minister may authorise in writing any LawToday:
www.
person to enter any land for the purpose of legislation.
the carrying out by the Department of any vic.gov.au
15 drilling operations for the purpose of
carrying out geothermal or geological tests.
(3) A person authorised to enter land under
subsection (1) or (2)--
(a) may do any thing on the land that is
20 necessary for the purposes of the survey
or drilling operations; and
(b) must cause as little harm and
inconvenience and do as little damage
as possible to the land and anything on
25 or growing on the land; and
(c) must remain on the land only for so
long as is reasonably necessary; and
(d) must remove from the land on
completion of the survey or drilling
30 operations all plant, machinery,
equipment, goods or buildings brought
onto, or erected on, the land other than
any of those things that the owner or
occupier agrees may be left on the land;
35 and
571172B.I-17/8/2011 7 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 4--Amendments to the Geothermal Energy Resources Act 2005
s. 10
(e) must leave the land, as nearly as
possible, in the condition in which it
was immediately before the
commencement of the survey or
5 drilling operations; and
(f) must use the person's best endeavours
to co-operate with the owner and
occupier.
(4) Part 8 applies to any survey under
10 subsection (1) or drilling operations under
subsection (2)--
(a) as if a reference in that Part to an
authority holder were a reference to the
Department; and
15 (b) as if a reference in that Part to the
carrying out of a geothermal energy
operation were a reference to the
carrying out of the survey or drilling
operations, as the case requires.".
__________________
571172B.I-17/8/2011 8 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 5--Amendments to the Greenhouse Gas Geological Sequestration Act
s. 11
2008
PART 5--AMENDMENTS TO THE GREENHOUSE GAS
GEOLOGICAL SEQUESTRATION ACT 2008
11 Community consultation plans
(1) For section 153(1) of the Greenhouse Gas See:
Act No.
5 Geological Sequestration Act 2008 substitute-- 61/2008
and
"(1) A holder of an authority must submit to the amending
Act Nos
Minister a community consultation plan and 10/2010,
a list of stakeholders if the holder has not 55/2010 and
62/2010.
previously prepared an Environment Effects LawToday:
10 Statement under the Environment Effects www.
legislation.
Act 1978 in relation to the activities that are vic.gov.au
to be carried out under the authority.
(1A) The community consultation plan must be
submitted to the Minister--
15 (a) within 90 days of the grant of the
authority; or
(b) before carrying out an activity under
the authority--
whichever is the earlier.".
20 (2) In section 153(2) and (3) of the Greenhouse Gas
Geological Sequestration Act 2008, for
"applicant" substitute "holder of an authority".
12 Requirements for community consultation plan
In section 154(1) of the Greenhouse Gas
25 Geological Sequestration Act 2008--
(a) in paragraph (a), for "applicant for an
authority" substitute "holder of the
authority";
(b) in paragraph (d)(ii), for "applicant for the
30 authority" substitute "holder of the
authority".
571172B.I-17/8/2011 9 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 5--Amendments to the Greenhouse Gas Geological Sequestration Act
s. 13
2008
13 Minister to approve community consultation plan
(1) For section 155(1) of the Greenhouse Gas
Geological Sequestration Act 2008 substitute--
"(1) The Minister must within 21 days of
5 receiving a community consultation plan
from a holder of an authority advise the
holder of whether or not the plan is
adequate.".
(2) In section 155(2) and (3) of the Greenhouse Gas
10 Geological Sequestration Act 2008, for
"applicant" substitute "holder of the authority".
14 Plan to be provided to community
In section 156 of the Greenhouse Gas Geological
Sequestration Act 2008, for "If an application for
15 an authority is granted, the holder" substitute
"A holder".
__________________
571172B.I-17/8/2011 10 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 6--Amendments to the Pipelines Act 2005
s. 15
PART 6--AMENDMENTS TO THE PIPELINES ACT 2005
15 Decision on application under section 68
In section 70(2) of the Pipelines Act 2005, after See:
Act No.
"alteration" insert "to the extent that the alteration 61/2005.
5 affects Crown land". Reprint No. 1
as at
22 June 2011
and
amending
Act No.
10/2010.
LawToday:
www.
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vic.gov.au
16 New Division heading inserted
After section 81 of the Pipelines Act 2005
insert--
"Division 8A--Decommissioning".
10 17 New section 82A inserted
After section 82 of the Pipelines Act 2005
insert--
"82A Decommissioning part of a pipeline
(1) A licensee may decommission part of a
15 pipeline with the consent of the Minister.
(2) The Minister may require the licensee to
prepare a plan that provides for the
decommissioning of that part of the pipeline
(a decommissioning plan) before giving his
20 or her consent.
(3) If the Minister has required the licensee to
prepare a decommissioning plan--
(a) the licensee must--
(i) prepare the plan in accordance
25 with the regulations; and
571172B.I-17/8/2011 11 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 6--Amendments to the Pipelines Act 2005
s. 18
(ii) include in the plan the prescribed
information; and
(b) the Minister must not give his or her
consent to the decommissioning of that
5 part of the pipeline unless the Minister
is satisfied with that plan.
(4) Without limiting subsection (2), the Minister
must not unreasonably refuse to give his or
her consent.
10 (5) The Minister may still give his or her
consent to the decommissioning of that part
of the pipeline even if he or she is not
satisfied with the decommissioning plan that
has been prepared if the failure of the
15 licensee to prepare the plan to the
satisfaction of the Minister was the result of
one or more events beyond the control of the
licensee.".
18 New Division heading inserted
20 Before section 83 of the Pipelines Act 2005
insert--
"Division 8B--Other matters".
19 Right to seek review of decision to cancel
In section 83 of the Pipelines Act 2005, for
25 "Division" substitute "Part".
__________________
571172B.I-17/8/2011 12 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 7--Amendments to the Offshore Petroleum and Greenhouse Gas
s. 20
Storage Act 2010
PART 7--AMENDMENTS TO THE OFFSHORE PETROLEUM
AND GREENHOUSE GAS STORAGE ACT 2010
20 Service of documents
(1) In the table at the foot of section 788(1) of the See:
Act No.
5 Offshore Petroleum and Greenhouse Gas 10/2010
Storage Act 2010, after "Act" insert "or the and
amending
regulations". Act Nos
55/2010,
(2) In section 789 of the Offshore Petroleum and 62/2010 and
80/2010.
Greenhouse Gas Storage Act 2010, after "Act" Statute Book:
10 insert "or the regulations". www.
legislation.
(3) In section 790(2)(b) and (4)(a) of the Offshore vic.gov.au
Petroleum and Greenhouse Gas Storage Act
2010, after "Act" insert "or the regulations".
(4) In section 791(2)(b) and (4)(a) of the Offshore
15 Petroleum and Greenhouse Gas Storage Act
2010, after "Act" insert "or the regulations".
21 Regulations
(1) In section 794(1) of the Offshore Petroleum and
Greenhouse Gas Storage Act 2010, for
20 "Governor-General" substitute "Governor in
Council".
(2) After section 794(2) of the Offshore Petroleum
and Greenhouse Gas Storage Act 2010 insert--
"(2A) Without limiting subsection (1) or (2), the
25 regulations may make provision for securing,
controlling or restricting any or all of the
matters or things specified in Schedule 4.".
(3) In section 794(3)(d) of the Offshore Petroleum
and Greenhouse Gas Storage Act 2010, for
30 "person." substitute "person;".
571172B.I-17/8/2011 13 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 7--Amendments to the Offshore Petroleum and Greenhouse Gas
s. 21
Storage Act 2010
(4) After section 794(3)(d) of the Offshore
Petroleum and Greenhouse Gas Storage Act
2010 insert--
"(e) may provide in a specified case or class of
5 case for the exemption of people or things
from any of the provisions of the regulations,
whether unconditionally or on specified
conditions, and either wholly or to such an
extent as is specified.".
10 (5) In section 794(3) of the Offshore Petroleum and
Greenhouse Gas Storage Act 2010 (where
secondly occurring), for "(3)" substitute "(4)".
__________________
571172B.I-17/8/2011 14 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Part 8--Repeal of amending Act
s. 22
PART 8--REPEAL OF AMENDING ACT
22 Repeal of amending Act
This Act is repealed on 31 December 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).
571172B.I-17/8/2011 15 BILL LA INTRODUCTION 17/8/2011
Resources Legislation Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571172B.I-17/8/2011 16 BILL LA INTRODUCTION 17/8/2011
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