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Mineral Resources (Sustainable
Development) Amendment (Latrobe
Valley Mine Rehabilitation
Commissioner) Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
General
The Bill amends the Mineral Resources (Sustainable Development)
Act 1990 to establish the office of the Latrobe Valley Mine Rehabilitation
Commissioner and to provide for the making of a regional rehabilitation
strategy.
Clause Notes
Part 1--Preliminary
Clause 1 sets out the main purpose of the Bill. This includes to
establish the office of the Latrobe Valley Mine Rehabilitation
Commissioner, provide for the development, publication and
review of a strategy for the rehabilitation of coal mine land in
the Latrobe Valley region, provide for additional functions and
powers of the Commissioner upon publication of the strategy,
and to provide for the variation of work plans in relation to work
carried out on coal mine land.
Clause 2 is the commencement provision. It provides that the Bill
comes into operation on a day or days to be proclaimed. Part 3
(Post Regional Rehabilitation Strategy amendments) comes into
operation on 1 July 2020. If a provision of this Act (other than
Part 3) does not come into operation before 1 July 2017, it will
come into operation on that day.
581367 1 BILL LA INTRODUCTION 21/3/2017
Clause 3 notes that in this Bill, the Mineral Resources (Sustainable
Development) Act 1990 is called the Principal Act.
Part 2--Latrobe Valley Mine Rehabilitation
Commissioner amendments
Clause 4 amends section 4(1) of the Principal Act to insert the definitions
of coal mine land to mean land covered by mining licence
numbers 5003, 5004, 5189, 5216 and 5304 whether or not those
licences are in force, Commissioner to mean the Latrobe Valley
Mine Rehabilitation Commissioner and the definitions of
Latrobe Valley region and regional rehabilitation strategy are
also inserted by clause 4.
Clause 5 inserts New Parts 7A (Latrobe Valley Mine Rehabilitation
Commissioner) and 7B (Regional rehabilitation strategy) into
the Principal Act.
New Part 7A provides for the definitions of annual report,
authorised officer, framework, Latrobe Valley licensee, public
sector body, public sector employee, referral investigation,
referral report, regulatory framework and rehabilitation
planning activity under new sections 84AA, 84AB and 84AC.
New section 84AD in the Principal Act provides that there is to
be a Latrobe Valley Mine Rehabilitation Commissioner.
New section 84AE in the Principal Act outlines the objectives
of the Commissioner. This includes providing assurance to
the Victorian community that public sector bodies and the
Latrobe Valley licensees are planning for the rehabilitation
of coal mine land, implementing the regional rehabilitation
strategy and promoting the participation of the community and
stakeholders from the Latrobe Valley region in the development
and implementation of the regional rehabilitation strategy and
the rehabilitation of coal mine land consistently with the regional
rehabilitation strategy.
New section 84AF in the Principal Act provides that the
Governor in Council, on the recommendation of the Minister,
may appoint a person as Commissioner. That person is
eligible for appointment as Commissioner if the person has
expertise relating to the rehabilitation of mines.
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New section 84AG entitles the Commissioner to the
remuneration and allowances determined from time to
time by the Governor in Council.
New section 84AH outlines the terms and conditions of the
Commissioner appointment. This includes (not limited to)
holding office for a period not exceeding 5 years, appointment
on a full-time or part-time basis and eligibility for reappointment.
New section 84AI allows the Governor in Council, on the
recommendation of the Minister, by instrument, to appoint a
person to act as the Commissioner.
New section 84AJ provides that the Commissioner ceases to
hold office if the Commissioner resigns or is removed from
office under new section 84AK.
New section 84AK provides that the Governor in Council, on
the recommendation of the Minister, may remove or suspend
the Commissioner on certain grounds.
New section 84AL outlines the functions and powers of the
Commissioner. This includes (not limited to) developing and
maintaining a framework for the monitoring of rehabilitation
planning activities, carrying out strategic audits of Latrobe
Valley licensees and public sector bodies in relation to
rehabilitation planning activities, monitoring and evaluating
rehabilitation planning activities in accordance with the
framework, reviewing research plans in relation to the
rehabilitation of coal mine land prepared by Latrobe Valley
licensees, coordinating rehabilitation planning activities, and
engaging with and conducting meetings between relevant groups
and persons. It also includes, providing information and
education to the Victorian community about coal mine land
rehabilitation and the rehabilitation strategy, carrying out
investigations on the referral of the Minister, and providing
advice and recommendations to the Minister on matters related
to the exercise of the Commissioner's powers and functions.
New section 84AM provides that in performing the
Commissioner's functions, the Commissioner must have regard
to the objective of the Commissioner, the regional rehabilitation
strategy and the regulatory framework.
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New section 84AN provides that the Department Head must
ensure that the Commissioner is provided with any public service
employees in order to assist the Commissioner in performing the
Commissioner's functions.
New section 84AO provides that 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.
New section 84AP provides that 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 reasonable requires.
New section 84AQ allows the Minister, by notice published
in the Government Gazette, to refer particular matters to the
Commissioner for investigation that relate to the rehabilitation
of coal mine land, regional rehabilitation strategy or a
rehabilitation planning activity.
New section 84AR gives the Commissioner or an authorised
officer the power to enter and inspect (without consent) and
take samples, measurements or make audio-visual recordings
on coal mine land or any land adjacent to coal mine land for the
purposes of carrying out the referral investigation. This power
is subject to a number of limitations. The Commissioner must
believe on reasonable grounds that it is necessary to enter
coal mine land or any land adjacent to coal mine land for
the purposes of carrying out the referral investigation.
Identification must be produced by the Commissioner or
authorised officer before entry. Entry must take place between
the hours of 9 a.m. and 5 p.m. The Commissioner or authorised
officer must notify the occupier or the apparent occupier of
the land of the entry. Lastly, residential premises are excluded.
New section 84AS provides that the occupier or apparent
occupier of the land must not, without reasonable excuse, refuse
or fail to provide assistance to the Commissioner or authorised
officer when carrying out inspections on the occupier's land
under section 84AR. A penalty of 300 penalty units applies to
a corporation. In any other case, 60 penalty units.
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New section 84AT provides that the occupier or apparent
occupier of land which the Commissioner or authorised officer
wants to inspect under section 84AR (power of Commissioner to
enter and inspect without consent) must not, without reasonable
excuse, refuse or fail to provide the Commissioner or authorised
officer with assistance. A penalty of 300 penalty units applies to
a corporation. In any other case, 60 penalty units.
New section 84AU provides the Department Head with the
power to authorise persons as authorised officers for the
purposes of carrying out inspections.
New section 84V provides that the Department Head must
issue an identity card to each authorised officer. This section
also provides that once an authorised officer ceases to be an
authorised officer, the person must return the identity card to
the Department Head as soon as practicable.
New section 84AW gives the Commissioner the power, for the
purposes of a referral investigation to require the licensee to
provide the Commissioner with any document or other thing
specified (via a written notice from the Commissioner) that are
held by the Latrobe Valley licensee. If a licensee refuses to
comply or knowingly provides false or misleading information
or documents a penalty of 60 penalty units applies. In the case
of a corporation a penalty of 300 penalty units applies.
New section 84AX provides that the Commissioner, for the
purposes of a referral investigation, may seek by written notice,
for a public body sector to give the Commissioner any document
or thing specified in the notice.
New section 84AY provides that a document or thing given to
the Commissioner by a Latrobe Valley licensee or by public
sector bodies is not admissible in evidence in any hearing or
proceeding in a court or a tribunal.
New section 84AZ provides for the definition of
non-investigatory function to mean a function of the
Commissioner under new Part 7A (except for Division 4--
Minister may refer a matter for investigation to the
Commissioner).
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New section 84AZA provides that the Commissioner, by written
notice given to a public sector body, may require the body to give
the Commissioner a document or information the Commissioner
requires for the purpose of performing a non-investigatory
function. This section also outlines what the notice must specify.
New section 84AZB provides that the Commissioner has the
power to provide a written notice requiring a Latrobe Valley
licensee to give the Commissioner documents or information that
the Commissioner requires to perform a non-investigatory
function. A penalty of 100 penalty units applies for a corporation
and in any other case 20 penalty units for a failure to comply with
a notice.
New section 84AZC provides that the Commissioner must
prepare a framework for monitoring and evaluating rehabilitation
planning activities in consultation with relevant parties.
New section 84AZD provides that the Commissioner must
publish the framework on a website maintained by the
Department as soon as practicable after it is made
New section 84AZE provides that the Commissioner may amend
the framework at any time.
New section 84AZF provides that the Commissioner must
publish an amended framework on a website maintained by the
Department, and publish a notice in the Government Gazette
specifying the date of the amendment.
New section 84AZG provides that the Commissioner must
publish on a Departmental website a report on a referral
investigation, unless the original notice making the referral
specifies otherwise.
New section 84AZH provides that the Commissioner must make
an annual report on the performance of the Commissioner's
functions and exercise of powers. The Commissioner must
provide the report to the Minister, who must then table the
report in each house of Parliament. The Commissioner must
then publish the report on a Departmental website.
New section 84AZI provides that the Commissioner must
consult with any party referred to in a report produced pursuant
to section 84AZG or in an annual report.
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New section 84AZJ provides that the Commissioner may report
to the Minister on any matter relating to the performance of the
Commissioner's functions.
New section 84AZK provides that the Commissioner may
review a research plan in relation to the rehabilitation of coal
mine land prepared by a Latrobe Valley licensee, and may make
recommendations to the licensee.
New section 84AZL provides that a person may refuse or fail to
give a document or other thing, or do any other thing that they
are required to do under this Part, if it would incriminate them.
New section 84AZM provides that by 30 June 2020 the Minister
must prepare a strategy for the rehabilitation of the coal mine
land. The strategy is to set out safety, stability and sustainability
of coal mine land and any adjacent land as well as the planning
for the Latrobe Valley region in relation to the rehabilitation
of the coal mine land and any adjacent land as well as the
development of a plan for the monitoring and evaluation of
coal mine land after rehabilitation of that land is complete.
New section 84AZN provides that the Minister must publish
the rehabilitation strategy on the Department website and
once this is done, the Minister must publish a notice in the
Government Gazette stating the date of the publication.
New section 84AZO provides that the Minister must review the
regional rehabilitation strategy at least every 3 years after it is
published.
New section 84AZP provides that the Minister may amend the
regional rehabilitation strategy at any time.
New section 84AZQ provides that the Minister must publish
the amended rehabilitation strategy on the Department website
and once this is done, the Minister must publish a notice in the
Government Gazette stating the date of the publication of the
amended regional rehabilitation strategy.
New section 84AZR provides that before publishing the regional
rehabilitation strategy or before publishing an amendment to the
regional rehabilitation strategy, the Minister must consult the
Commissioner.
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Part 3--Post regional rehabilitation strategy amendments
Clause 6 repeals the definition of framework, inserts new definition
monitoring framework to mean the framework published under
section 84AZD and amends the definition of rehabilitation
planning activity.
Clause 7 amends the functions and powers of the Commissioner.
This includes for the developing of a monitoring framework
for the monitoring of the implementation and effectiveness of
the regional rehabilitation strategy and carrying out audits,
monitoring on the implementation by Latrobe Valley coal
licensees and public sector bodies of the rehabilitation strategy
and the effectiveness of it.
Clause 8 substitutes New Division 7 of Part 7A of the Principal Act.
New Division 7 sets out what the Commissioner must do in
relation to the preparation of a document that sets out a
framework for the monitoring and evaluation of the
implementation strategy.
New section 84AZC sets out the monitoring framework and
evaluation of the implementation of the regional rehabilitation
strategy. The monitoring framework must provide for the
outcomes to be achieved and the undertaking of strategic
audits of Latrobe Valley licensees and public sector bodies.
The Commissioner is also required to consult with community
members, stakeholders and Latrobe Valley licensees as well as
public sector bodies.
New section 84AZD provides that the Commissioner must
publish the monitoring framework on the Department website.
New section 84AZE provides that the Commissioner may amend
the monitoring framework at any time. New section 84AZF
provides that the Commissioner must publish any such
amendment on the Departmental website, and publish a notice
in the Government Gazette in respect of the amendment.
Part 4--Other related amendments
Clause 9 amends section 41 of the Principal Act by inserting new
section 41(4A) to provide that the holder of a licence who
proposes to vary an approved work plan or is directed by the
Department head to lodge an application for approval of a
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variation of a work plan, 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.
This clause inserts new section 41(7) to provide that the
Commissioner must within 28 days of an application being
lodged with the Commissioner give comments to the Minister
on the rehabilitation plan included in the work plan, the
community engagement plan included in the work plan in
respect of rehabilitation and in respect of the work plan, the
identification of mining hazards in respect of rehabilitation and
the ending of mining, the identification and assessment of risk in
respect of the work plan for rehabilitation and ending of mining
and risk management in respect of rehabilitation and ending of
mining. The Minister may recommend changes to be made to
the variation of work plan before it is approved or conditions
imposed.
Clause 10 amends section 41AAB(2)(e) of the Principal Act by inserting
new section 41AAB(2)(ea) to provide that the Department Head
must approve, require changes or refuse to approve a variation
within 28 days after the Commissioner has given the Minister
comments in relation to rehabilitation plan under section 41(7).
Part 5--Repeal of amending Act
Clause 11 provides for the automatic repeal of this amending Act on
1 July 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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