Victorian Bills Explanatory Memoranda Victorian Bills Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
Extractive Industries Development
(Amendment) Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
General
The Bill is derived from the Government response to the National
Competition Policy review of the Extractive Industries Development Act
1995 (the Act).
It replaces the old permit system for searching for stone on Crown land with
a process for a person to obtain the consent of the relevant Minister as owner
of the land. The process recognises special requirements for Crown land
needing special consideration.
The Bill makes further provision for work plans and work authorities for
extractive industries and removes the requirements for certification of
managers of quarries and extractive industries.
Clause Notes
Clause 1 sets out the main purpose of the Bill.
Clause 2 provides for the Bill to come into operation on a day or days to
be proclaimed. If a provision of the Bill does not come into
operation before 1 December 2005, it comes into operation on
that day.
Clause 3 makes consequential amendments to the definitions.
Clause 4 substitutes a new section 8 of the Act. The new section 8 creates
an offence to search for stone on Crown or private land or Crown
land without the consents and authorities required under the Act.
Clause 5 amends section 10 of the Act as a consequence of the new
section 11.
1
551107 BILL LA CIRCULATION 8/10/2003
Clause 6 substitutes new sections 11 and 12 of the Act.
The new section 11 provides for consent to search for stone on
Victorian Legislation and Parliamentary Documents
Crown land. It sets out the process and timelines for the
application to search and requires the Minister to give notice of
the application to certain persons or bodies. The applicant may
apply to VCAT to review a decision of the Minister not to
consent.
The new section 12 makes special requirements where a person
proposes to carry out any search for stone on particular land.
The requirements apply to land owned by, vested in or managed
or controlled by an Authority under the Water Act 1989 or a
licensee within the meaning of that Act or Melbourne Water
Corporation. They also apply to land that is a public highway,
road or street.
Clause 7 substitutes new sections 14, 15 and 16 in the Act.
Section 14 sets out the form and content of the consent under
section 11.
Section 15 provides for the effect of the consent under section 11.
Section 16 gives the Minister the power to cancel or suspend the
consent in certain circumstances or at the request of the consent
holder. The consent holder has a right of review to VCAT for a
decision to withdraw or cancel the consent.
Clause 8 substitutes a new section 18(2) of the Act to allow the
Department Head to direct the holder of a work authority to
submit an application for approval of a variation of a work plan, a
variation or revocation of any condition of the work plan, or the
addition of new conditions.
Clause 9 inserts new section 19(4) into the Act to allow the Minister to
grant work authorities in respect of land owned by more than one
person if each owner has consented to the carrying out of an
extractive industry on the land owned by that person.
Inserts a new section 21(3) into the Act to provide that if a work
authority has been granted over land with multiple owners and
the consent of one of the owners is revoked, lapses or ceases to
have effect, the work authority continues in force with regard to
the remaining owners.
Clause 10 inserts a new section 22(2)(c) into the Act allowing the Minister
to vary a work authority if it is necessary for ensuring the safety
of workers and the public.
2
Clause 11 inserts a new section 23(3) into the Act to allow the Minister to
consent to the transfer of a work authority subject to a
requirement that a new work plan is to be submitted for approval
Victorian Legislation and Parliamentary Documents
by the Department Head within the time specified by the
Minister.
Clause 12 makes a consequential amendment to repeal section 24(2) of the
Act.
Clause 13 inserts a new section 24A into the Act to provide for the review
of certain decisions about work plans and authorities to VCAT.
Clause 14 substitutes a new section 26 in the Act to alter the procedures for
obtaining a work authority over land that is subject to a licence
under the Mineral Resources Development Act 1990.
Section 26(1) requires an applicant for a permit under the
Planning and Environment Act 1987 to carry out an extractive
industry to notify the Secretary and the holder of any mining
licence over the land of the application.
Section 26(2) requires the applicant for a work authority to
forward the consent of the licensee or the notice to the licensee to
the Minister.
Under the new section 26(3) the Minister cannot grant a work
authority over that land unless satisfied that the licensee's consent
has been obtained or unreasonably withheld.
Clause 15 substitutes a new Part 4 of the Act to provide for the appointment
of a competent manager for a quarry or an extractive industry.
Section 38(3) and (4) defines a competent person. Section 38(5)
allows the holder of a work authority or the operator of the
quarry, if they are a competent person, to appoint themselves as
the manager.
Clause 16 makes consequential amendments.
Clause 17 substitutes section 60 of the Act to include new transitional
provisions with regard to applications for search permits lodged,
and search permits granted, before the commencement of the Act.
Clause 18 makes consequential amendments to section 40 of the National
Parks Act 1975.
3