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Mineral Resources (Sustainable
Development) Amendment Bill 2018
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purposes of the Bill.
Clause 2 is the commencement provision. It provides that the Bill
(except Divisions 1 and 3 of Part 2) comes into operation on
the day after it receives the Royal Assent. If a provision of
Divisions 1 and 3 of Part 2 is not proclaimed to come into
operation before 30 June 2020, the provision comes into
operation on that day.
Clause 3 notes that in this Bill, the Mineral Resources (Sustainable
Development) Act 1990 is called the Principal Act.
Part 2--Rehabilitation of declared mine land
Division 1--Amendment of Mineral Resources
(Sustainable Development) Act 1990
Clause 4 amends section 4(1) of the Principal Act to insert the definitions
of closure criteria, Declared Mine Fund, declared mine land,
declared mine land register, declared mine licensee, declared
mine rehabilitation plan, Ministerial direction, post-closure
plan, registered mine land, registered post-closure plan, Mine
Land Rehabilitation Authority, and amends other definitions in
section 4(1) of the Principal Act.
581419 1 BILL LA INTRODUCTION 7/8/2018
Clause 5 amends section 7C of the Principal Act (Ministerial Order
declaring specified mines and quarries) by substituting
"geotechnical or hydrogeological" for "geotechnical,
hydrogeological, water quality or hydrological" in order to
ensure that all of the objectives of the Mine Land Rehabilitation
Authority are taken into account upon the Minister making a
declaration.
Clause 6 inserts new section 38(1B)(ab) into the Principal Act to provide
that the Minister may cancel a licence, by instrument served on
the licensee, in the case of a mining licence relating to declared
mine land, if the declared mine licensee has not complied with a
declared mined rehabilitation plan.
Clause 7 amends section 41(4A) of the Principal Act (Application for
variation of work plan) by substituting the words "coal mine
land" for "declared mine land" to provide that if any part of the
land relating to the proposed variation of the work plan is land
that forms part of declared mine land, the Department Head
must without delay lodge a copy of the application with the
Mine Land Rehabilitation Authority.
Amends section 41(7) of the Principal Act by substituting
the word "Commissioner" for "Mine Land Rehabilitation
Authority" to provide that within 28 days of receiving an
application for a variation of a work plan, the Mine Land
Rehabilitation Authority must provide comments to the
Minister on a range of matters (outlined under section 41(7))
relating to the work plan.
Clause 7 also amends section 41(7)(a)(iii), (iv) and (v) of the
Principal Act by substituting "coal mine land" for "declared
mine land".
Clause 8 amends section 41AAB(2)(ea) of the Principal Act (Approval
of variation of work plan) by substituting "Commissioner"
for "Mine Land Rehabilitation Authority". This will provide
that the Department Head must approve, require changes, or
refuse to approve a variation under of a work plan (within the
28-day period) and upon the Commissioner providing his or
her comments to the Minister on the proposed variation to the
work plan.
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Clause 9 amends section 82(1) of the Principal Act (Return of bond if
rehabilitation satisfactory) by inserting new paragraph (c) in
order to provide that the Minister must return the bond or
bonds to the authority holder or former authority holder as
soon as possible if the Minister is satisfied that if the land or
any part of the land is declared mine land, that the closure
criteria relating to that land has been met.
Amends section 82(3) of the Principal Act by substituting 82(3)
in order to provide that the Minister may, as a condition
of returning a bond or bonds to an authority holder or a
former authority holder, require that holder to enter a further
rehabilitation bond if any land or part of the land to which
the bond relates has not been rehabilitated or requires further
rehabilitation or in the case of that land or any part of the
land to which the bond relates is declared mine land and it
has not been rehabilitated, or requires further rehabilitation
in accordance with the declared mine rehabilitation plan that
applies to it.
Clause 10 amends section 83 of the Principal Act (Minister may carry
out rehabilitation) by inserting new paragraphs (ab) and (ac)
to provide that the Minister may take any necessary action to
rehabilitate land if he or she is not satisfied that the land or
part of the land has been rehabilitated or is satisfied that the
declared mine land requires further rehabilitation in accordance
with the declared mine rehabilitation plan that applies to it.
Clause 11 inserts new section 83A into the Principal Act (Payment of bond
into Declared Mine Fund on cancellation of licence) to provide
that if the Minister cancels a mining licence relating to declared
mine land of an authority holder who has not complied with a
declared mine rehabilitation plan, the balance of rehabilitation
bond or bonds may be paid into the Declared Mine Fund.
Clause 12 substitutes the heading to Part 7A from "Latrobe Valley Mine
Rehabilitation Commissioner" to "Mine Land Rehabilitation
Authority".
Clause 13 amends section 84AA (Definitions) of the Principal Act to
insert the definition of Board and amend the definition of
rehabilitation planning activity. The definition of rehabilitation
planning activity is amended to refer to the preparation of a
declared mine rehabilitation plan.
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Clause 14 amends section 84AC of the Principal Act (Meaning of
regulatory framework) by substituting the word "coal mine"
for "declared mine".
Clause 15 substitutes Division 2 of Part 7A of the Principal Act
(Appointment, terms and conditions) to replace the
"Latrobe Valley Mine Rehabilitation Commissioner" with
the "Establishment of the Mine Land Rehabilitation Authority
and the Board". The new Division establishes the Mine Land
Rehabilitation Authority as a body corporate. It also outlines
the objectives of the Mine Land Rehabilitation Authority
which includes (but is not limited to) providing assurance to
the Victorian community that public sector bodies and the
Latrobe Valley licensees are implementing the regional
rehabilitation strategy and that public sector bodies and the
declared mine licensees are planning for the rehabilitation and
ongoing management of declared mine land. This Division
also provides for the powers that the Mine Land Rehabilitation
Authority has relating to property. This includes (but is not
limited to) control and management of all property vested
in or acquired by the Mine Land Rehabilitation Authority.
The Mine Land Rehabilitation Authority will also have
a governing body called the Board. The Board will be
responsible for the management of the affairs of the Mine
Land Rehabilitation Authority. This Division also provides
for the structure of the Board, appointment of members of the
Board, remuneration, terms and conditions of appointment,
acting appointment of a person to act as a member of the Board,
resignation of Board members, removal of Board members from
office upon recommendation of the Minister and Chairperson
and Deputy chairperson appointments to the Board.
Clause 16 amends section 84AL of the Principal Act (Functions and
powers of the Commissioner) and substitutes it with "Functions
and powers of the Mine Land Rehabilitation Authority".
This includes (but is not limited to) monitoring and evaluating
the risks posed by geotechnical, hydrogeological, water quality
or hydrological factors for declared mine land in relation to
public safety, the environment and relevant infrastructure,
provide advice to the Minister regarding conditions that may
apply to the registration of declared mine land and rehabilitation,
monitoring, maintaining and management of registered mine
land in accordance with the relevant registered post-closure plan.
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Clause 17 amends section 84AM of the Principal Act (Commissioner to
have regard to objective, regional rehabilitation strategy and
regulatory framework) by substituting "Commissioner" for
"Mine Land Rehabilitation Authority", "framework" for
"framework; and". New section 84AM(d) has also been
inserted to provide that the Commissioner must have regard
to any Ministerial direction as part of performing a function
or exercising a power under Part 7A.
Clause 18 amends section 84AN of the Principal Act (Staff to be provided)
by substituting "Commissioner" with "Mine Land Rehabilitation
Authority". The Department Head must ensure that the Mine
Land Rehabilitation Authority is provided with any public
sector employees that are necessary to assist the Authority in
performing the Authority's functions.
Clause 19 amends section 84AO of the Principal Act (Assistance to
be provided by the Department Head) to provide that the
Department Head must ensure that the Authority is provided
with any assistance in connection with the performance of
the Mine Land Rehabilitation Authority's function that
it reasonably requires.
Clause 20 amends section 84AP of the Principal Act (Assistance to be
provided by a public sector body and a Latrobe Valley licensee)
by substituting section 84AP (Assistance to be provided by a
public sector body and a declared mine licensee) to provide that
a public sector body and a declared mine licensee must ensure
that the Mine Land Rehabilitation Authority is provided with
any assistance in connection with the reasonable performance
of the Mine Land Rehabilitation Authority's functions that the
Mine Land Rehabilitation Authority reasonably requires.
Clause 21 amends the heading of Division 4 of Part 7A of the Principal
Act (Investigations by the Commissioner) by substituting
"Commissioner" for "Mine Land Rehabilitation Authority".
Clause 22 amends the heading in section 84AQ and section 84AQ of the
Principal Act (Minister may refer a matter for investigation to
the Commissioner) by substituting the word "Commissioner"
for "Mine Land Rehabilitation Authority".
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Clause 23 amends section 84AR(1) (Power of entry and inspection without
consent) by substituting "Commissioner" with "Mine Land
Rehabilitation Authority", section 84AR(2), (3), (4) and (5)
are also amended to substitute "Commissioner" for "Mine Land
Rehabilitation Authority" and "coal mine" for "declared mine".
Clause 24 amends the heading of section 84AS of the Principal Act
(Occupier or apparent occupier of land must assist Commissioner
or authorised officer to enter) and section 84AS by substituting
"Commissioner" for "Mine Land Rehabilitation Authority".
Clause 25 amends the heading of section 84AT of the Principal Act
(Occupier or apparent occupier of land must assist Commissioner
or authorised officer to inspect) and section 84AT by substituting
"Commissioner" for "Mine Land Rehabilitation Authority".
Clause 26 amends section 84AU(1)(a) of the Principal Act (Authorised
officers under this Division) by substituting "Commissioner"
for "Mine Land Rehabilitation Authority".
Clause 27 amends the heading of section 84AW of the Principal Act
(Giving of documents or other things to the Commissioner
by Latrobe Valley licensees) and section 84AW(1) to (4)
by substituting "Latrobe Valley" with "declared mine",
"Commissioner" with "Mine Land Rehabilitation Authority",
Clause 28 amends the heading of section 84AX of the Principal Act
(Giving of documents or other things to the Commissioner
by public sector bodies) and section 84AX by substituting
"Commissioner" for "Mine Land Rehabilitation Authority"
Clause 29 amends section 84AY(1) of the Principal Act (Confidentiality
of document or other thing given under a notice) by substituting
"Commissioner" for "Mine Land Rehabilitation Authority".
Clause 30 amends the heading of Division 6 or Part 7A of the Principal
Act (Information gathering by the Commissioner) by substituting
the words "Commissioner" for "Mine Land Rehabilitation
Authority".
Clause 31 amends the definition in section 84AZ of the Principal Act
of non-investigatory function by substituting the word
"Commissioner" for "Mine Land Rehabilitation Authority".
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Clause 32 amends section 84AZA of the Principal Act (Notice requiring
documents or information from public sector body) substitutes
the word "Commissioner" for "Mine Land Rehabilitation
Authority".
Clause 33 amends the heading in section 84AZB of the Principal Act
(Notice requiring documents or information from Latrobe
Valley licensee) and section 84AZB to substitute the terms
"Commissioner" and "Latrobe Valley" with "Mine Land
Rehabilitation Authority" and "declared mine".
Clause 34 amends the heading in Division 8 of Part 7A of the Principal
Act (Reports and reviews of the Commissioner) to substitute
"Commissioner" for "Mine Land Rehabilitation Authority".
Clause 35 amends section 84AZG of the Principal Act (Report of
referral investigation) by substituting "Commissioner"
for "Rehabilitation Commissioner".
Clause 36 amends the heading to section 84AZH of the Principal Act
(Annual report of Commissioner) and section 84AZH to
substitute "Commissioner" for "Mine Land Rehabilitation
Authority".
Clause 37 substitutes section 84AZI of the Principal Act (Consultation) by
substituting the words "Latrobe Valley" for "declared mine".
Clause 38 substitutes section 84AZK of the Principal Act (Commissioner
review of research plans of a Latrobe Valley licensee) with new
section 84AZK (Mine Land Rehabilitation Authority review
of research plans of declared mine licensee) to provide that the
Mine Land Rehabilitation Authority may review a research plan
in relation to the rehabilitation of declared mine land prepared by
a declared mine licensee and that the Mine Land Rehabilitation
Authority may make recommendations or provide comments to
the declared mine licensee as part of the review of a research
plan in relation to the rehabilitation of declared mine land.
Clause 39 amends section 84AZR of the Principal Act (Minister must
consult) by substituting "Commissioner" for "Mine Land
Rehabilitation Authority".
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Clause 40 inserts New Part 7C of the Principal Act (Declared mine land
rehabilitation). Division 1 inserts the definition of register of
land, Registrar, registration amount and registration direction
and gives the Minister the power to issue a Ministerial direction
to the Regulatory Authority in order to meet specified priorities
and policies in relation to declared mine land by notice published
in the Government Gazette.
Division 2 (Declared mine rehabilitation plans) sets out the
requirements relating to a licensee's obligation to prepare a plan
for the rehabilitation of declared mine land. This includes (but is
not limited to) the plan including closure criteria, post-closure
plan and an assessment of the risks posed by the geotechnical,
hydrogeological, water quality and hydrological factors within
the declared mine land.
Division 2 also provides for the responsibilities that the
Department Head has upon receiving a plan for rehabilitation
of declared mined land. This includes consulting with the Mine
Land Rehabilitation Authority and the Crown land Minister.
The Department head may, after considering the plan, approve
the plan, require changes to the plan or refuse to approve the
plan.
Division 2 also provides for the declared mine licensee to apply
to the Department Head to vary a declared mine rehabilitation
plan. The Department head has the power to determine whether
a declared mine rehabilitation plan can be varied and issue a
direction that the declared mine licensee proceed with making
an application for approval of the variation.
Division 3 of new Part 7C of the Principal Act (Closure of mine,
registration of declared mine land and post-closure plan) provides
that a declared mine licensee may apply to the Minister for a
determination that the closure criteria for the declared mine land
covered by the licence of the licensee has been met. Division 3
also outlines the Minister's responsibilities upon receiving an
application for determination that the closure criteria has been
met. This includes (but is not limited to) requesting advice
from the Mine Land Rehabilitation Authority and consulting
with the Crown land Minister. After considering an application
the Minister must make a determination in relation to the
application. This includes determining that the declared mine
licensee has met the closure criteria or has not met the closure
criteria for that declared mine. The Minister also has the power
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to return the balance of the rehabilitation bond or any further
rehabilitation bond, consent to the surrender of the declared
mine licence and direct the Mine Land Rehabilitation Authority
to register the post closure plan and declared mine land in the
declared mine land register.
Division 3 also provides that the Mine Land Rehabilitation
Authority must register any land or part of land that is declared
mine land in the register if the Minister gives a registration
direction to the Mine Land Rehabilitation Authority to register
any land or part of that land that is declared mine land or the
Minister pays any rehabilitation bond into the Declared Mine
Fund on the cancellation of a mining licence in respect of land
that is declared mine land.
Division 4 of new Part 7C of the Principal Act (Registered
post-closure plans recorded and transfer of registered
mine land) outlines the responsibilities of the Mine Land
Rehabilitation Authority and the Registrar in relation to the
registration of a post-closure plan in the declared mine land
register. This includes (but is not limited to) lodging a notice
of any land, other than unalienated Crown land affected by
the registered post-closure plan and requiring any evidence
of the identity of any land affected by a notice lodged under
this section that the Registrar considers fit.
Division 4 also provides that on the removal of a registered
post-closure plan from the declared mine land register, the
Mine Land Rehabilitation Authority must as soon as practicable
lodge with the Registrar notice of any land affected by the
removal. Upon receipt of the notice, the Registrar must make
any recording in the Register of land that is necessary or
convenient for the purpose of giving effect to the notice.
The owner of registered mine land has the ability to transfer
the land in accordance with the Transfer of Land Act 1958.
Division 5 of new Part 7C of the Principal Act (Declared Mine
Fund) establishes the Declared Mine Fund. The Declared Mine
Fund will contain funds that will be used for future monitoring
and maintenance of registered mine land and in the case of
unforeseen events involving that land. The funds shall comprise
of payment received from former declared mine land licensees
and declared mine land holders to contribute to the Authority's
functions in addition to any rehabilitation bond funds retained by
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the Minister in order to enable the Authority to carry out the
rehabilitation on behalf of the Minister.
Division 6 of new Part 7C of the Principal Act (Monitoring and
maintenance of registered mine land) provides that the Mine
Land Rehabilitation Authority may exercise any function
or power under Part 7A, except for Division 4, in respect of
registered mine land if the registered post-closure plan for the
registered mine land requires that the Mine Land Rehabilitation
Authority carry out ongoing monitoring and maintenance of
the land and the Mine Land Rehabilitation Authority is not the
owner of the registered mine land.
Division 7 of new Part 7C of the Principal Act (Register of
declared mine land) provides that the Mine Land Rehabilitation
Authority must establish and maintain a register of declared
mine land registered under this Part. Division 7 outlines the
requirements of the Register and what needs to be recorded in
the register. The Minister has the power to direct the Mine Land
Rehabilitation Authority to remove the registered mine land or
part of that land from the declared mine register under certain
circumstances, for instance it no longer poses a risk to public
safety.
Clause 41 amends section 110 of the Principal Act (Notice requiring
authority holder to take action or stop work) to provide that
the holder of an authority may be issued with a notice if they
have has not complied with a declared mine rehabilitation
plan. A former licensee or former holder of a mining licence
for declared mine land may also be issued with a notice if they
have not complied with a declared mine rehabilitation plan.
Clause 42 inserts new section 110B of the Principal Act (Notice requiring
owner of registered mine land to take action or stop work) to
provide that the Minister has the power to issue a notice to an
owner of a registered mine if an act or omission of an owner of
a registered mine is likely to result in a risk to public safety, the
environment, land, property or infrastructure or an owner has
contravened the owner's obligations or an owner has contravened
the Act. New section 110B also outlines what the notice by the
Minister may contain or require the owner to do as a result of
any contravention. New section 110B(4) makes it an offence to
fail to comply with a notice.
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Clause 43 inserts new section 124(1)(oc) into the Principal Act
(Regulations) to provide a regulation making power that
prescribes various matters and processes relating to the
rehabilitation and closure of mines on declared mine land
and the rehabilitation, management and monitoring of
registered mine land.
Clause 44 repeals section 124(9), (10), (11) and (12) (repeal of transitional
regulation making powers) from the Principal Act on the first
anniversary of the commencement of new Part 7C.
Division 1--Amendment of Mineral Resources
(Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017
Clause 45 inserts new section 142 (Transitional provisions--Mineral
Resources (Sustainable Development) Amendment Bill 2018)
which are transitional provisions relating to annual reports,
reviews and investigations that the Mine Land Rehabilitation
Authority must prepare or complete upon commencement of
clause 15 of this Bill.
Clause 46 repeals section 6(2)(Definitions) of the Mineral Resources
(Sustainable Development) Amendment (Latrobe Valley
Mine Rehabilitation Commissioner) Act 2017.
Clause 47 substitutes the word "Commissioner" for "Mine Land
Rehabilitation Authority" in the heading of section 7
(Functions and Powers of Commissioner) of the Mineral
Resources (Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation Commissioner)
Act 2017.
Clause 48 substitutes the word "Commissioner" for "Mine Land
Rehabilitation Authority" in proposed sections 84AZC,
84AZD, 84AZE and 84AZF of the Mineral Resources
(Sustainable Development) Act 1990 and makes other
minor and technical amendments.
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Division 3--Amendment of other Acts
Clause 49 amends Schedule 2 (Indicatable Offences that may be heard and
determined summarily) of the Criminal Procedure Act 2009
to include indictable offences under the Mineral Resources
(Sustainable Development) Act 1990.
Part 3--Further amendment of Mineral Resources
(Sustainable Development) Act 1990
Clause 50 amends section 14B(3)(a) of the Principal Act (Prospecting
licence) by extending the term of prospecting licences from 5
to 7 years in order to give small miners a reasonable opportunity
to work under the licence.
Clause 51 inserts new section 24A into the Principal Act (Comments on
licence) in order to allow any person to provide comment on a
licence that is being granted.
Clause 52 amends section 25(2) of the Principal Act (Grant or refusal of
licence) to include reference to new section 24A (Comments on
licence). This will ensure that the Minister may grant or refuse
a licence after considering any objections made under new
section 24A.
Clause 53 makes minor and technical amendment to section 26AE(1) of
the Principal Act.
Clause 54 makes minor and technical amendment to section 26AF(2) of
the Principal Act.
Clause 55 makes minor and technical amendment to section 26AM(3) of
the Principal Act.
Clause 56 amends section 87(3) of the Principal Act (Compensation
agreement) to broaden the scope of what amount or kind of
compensation is payable.
Clause 57 inserts transitional provision new section 141 into the Principal
Act relating to prospecting licences. The provision provides a
prospecting licence that was in force before the commencement
of this Bill will remain to be in force from its original registered
date and will expire after 7 years (as opposed to 5 years) from its
original registered date and that an application in existence may
be determined under the amended provisions.
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Part 4--Repeal of amending Act
Clause 58 provides for the automatic repeal of the Mineral Resources
(Sustainable Development) Amendment Act 2018 on
30 June 2021. The repeal of this Act does not affect in any
way the continuing operation of the amendments made by this
Act (see section 15(1) of the Interpretation of Legislation
Act 1984).
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