MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990

Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990

TABLE OF PROVISIONS

PART 1--INTRODUCTION

1. Purpose
2. Objectives
2A. Principles of sustainable development
3. Commencement
4. Definitions
5. Act to bind the Crown
5AA. Application of this Act
5AB. Application of this Act to Alcoa land
5ABA. Leased area
5A. Interaction of this Act with native title legislation
6. Land not available for exploration, mining and searching
6AA. Land not available for searching for stone
6A. Extent of application of licences and authorities under this Act to Deep Lead Nature Conservation Reserve (No. 2)
7. Minister may exempt land from being subject to a licence
7A. Minister may declare meaning of graticular section
7B. Ministers may declare low impact exploration activity
7C. Ministerial Order declaring specified mines and quarries
8. Offence to search for minerals or do work without authority
8AA. Offence to search for stone without consent
8AB. Offence to carry on extractive industry without authority
8AC. Offence to carry out exploration or mining of coal seam gas
8AD. Offence to carry out hydraulic fracturing
8A. Aerial surveys permitted without licence
9. Ownership of minerals
10. Tailings
11. Transfer of property in minerals
11A. Ownership of stone
12. Royalties
12A. Royalties for lignite

PART 2--EXPLORATION LICENCES, MINING, PROSPECTING AND RETENTION LICENCES

Division 1--General licence provisions

13. Exploration licences
14. Mining licences
14A. Licence may be limited to stratum of land
14B. Prospecting licences
14BA. Holder of prospecting licence must not dispose of tailings contrary to Minister's consent
14C. Retention licences

Division 2--Licence process

14AB. Application of this Division
15. Application for a licence
16. Applicant for licence—fit and proper person
16A. Application for mining licence or retention licence where exploration licence or prospecting licence covers same land
16B. Application for mining licence where retention licence covers same land
17. Application not transferable
18. Notice of applications with the highest ranking
19. Withdrawal of application
23. Ranking of applications
24. Objections to licence
24A. Comments on licence
25. Grant or refusal of licence
25A. Waiver of exploration licence holder's consent
26. Grant of licence
26AAA. Transfer of consents and approvals to undertake work

Division 3--Licence process for direct allocation of licences relating to coal

26AA. Definition
26AB. Licence applications under Division to be in respect of exempted land
26AC. Who may apply for a licence under this Subdivision?
26AD. Application procedure
26AE. Application of Act to licence application
26AF. Grant or refusal of licence
26AG. Revocation of exemption over licence land
26AH. Minister must publish notice
26AI. Application of Act to licence
26AJ. Application procedure
26AK. Notification and advertising requirements
26AL. Application of Act to licence application
26AM. Grant or refusal of licence
26AN. Minister must publish reasons for refusal to grant licence
26AO. Revocation of exemption over licence land
26AP. Minister must publish notice
26AQ. Application of Act to licence

Division 3A--Survey of land proposed to be covered by mining licence, prospecting licence or retention licence

26AR. Applicant to survey boundary of land
26AS. Authority to enter land
26AT. Offence not to show authority
26AU. Security
26AV. Insurance

Division 4--Requirements if agricultural land covered by mining licence or prospecting licence

26A. Statement of economic significance if agricultural land covered by licence
26B. Excision of agricultural land from a licence
26C. Notice of excision dispute
26D. Resolution of excision disputes
26E. Offence to divulge details of a statement of economic significance

Division 5--Tenders for licences

27. Tendering process
27A. Acceptance of tender
27B. Advertising and notice requirements
27C. Consultation and notification requirements
27D. Application of provisions to tenders
27E. Minister may not accept any tenders

Division 6--Renewals of licences

29. Application for renewal of licence
31. Renewals of licences
32. Period of renewal

Division 7--Changes to licences

33. Transfer of licence
33A. Transfer of land from one mining licence to another
33B. Mining licence may be split and transferred
34. Variation of licence
35. Combined conditions
36. Amalgamation of licences
36A. Expedited procedure for replacement of invalidated title

Division 8--Surrender and cancellation of licences

37. Surrender of licence
38. Cancellation of licence
38A. Decrease in area under exploration licence

Division 9--Mine stability levy for Latrobe Valley

38AAA. Definitions
38AAB. Mine stability levy imposed
38AAC. Who is liable for mine stability levy?
38AAD. Amount of the mine stability levy
38AAE. When and how is the mine stability levy to be paid?

PART 3--WORK UNDER A LICENCE

39. Work must be approved
39A. Licensee's duty to consult with community
40. Work plan
40A. Work plan—approval
41. Application for variation of work plan
41AA. Department Head may direct licensee to lodge application for variation of work plan
41AAB. Approval of variation of work plan
41A. Minister may require impact statement
41AB. Reporting requirements for declared mines
41AC. Chief Inspector to be notified of reportable events in relation to exploration or mining
41AD. Licensee to submit area work plan schedule
41AE. Variation application must be made if mine is declared
42. Commencement of work under mining licence or prospecting licence
42A. Planning permits not required for some work variations
43. Commencement of work under exploration licence or retention licence
43A. Effect of contraventions
43B. Certain consents etc. not required in case of unrestricted Crown land
44. Particular consents etc. required
45. Prohibition of work near dwellings and certain places and sites
45A. Certain exploration and mining work complies with section 45
46. Minister may authorise work near dwelling house
47. New consent or authorisation for certain work plan variations
47A. Management of worksites

PART 4A--ADVISORY PANELS

Division 1--Appointment of panels

54A. Appointment of advisory panels
54B. Composition of panel
54C. Chairperson
54D. Terms of reference
54E. Terms and conditions of appointment

Division 2--Procedure of panels

54F. Procedure of panel
54G. Directions about hearings
54H. Hearings to be in public
54I. Procedure for hearing submissions
54J. Adjournment of hearings
54K. Panel may regulate its own proceedings
54L. Panel may take into account any relevant matter
54M. Report of panel

PART 5--OTHER AUTHORITIES

Division 1--Miner's rights

55. Miner's right
56. Who may grant a miner's right
57. Grant of miner's right
58. Obligations of holder

Division 2--Tourist fossicking authorities

59. Tourist fossicking authority
60. Application for tourist fossicking authority
61. Grant or refusal of tourist fossicking authority
62. Obligations of holder

PART 6--MINING REGISTER

69. Functions of Department Head regarding mining register
70. Effect of registration
71. Creation etc. of interests in licences
72. Devolution of rights of licensee
73. Correction of register
74. Disclosure of registered information
75. Survey standards
76. Evidence
77. Offences

PART 6A--EXTRACTIVE INDUSTRIES--WORK AUTHORITIES AND OTHER MATTERS

Division 1--Searching for stone

77A. Consent to search for stone on certain land
77B. Depth restriction on searching for stone on land adjacent to waterways or water infrastructure
77C. Notice of proposed searching for stone on land on which there are roads etc.

Division 2--Work plans and extractive industry work authorities

77G. Work plan
77H. Application for variation of work plan
77HA. Department Head may direct holder to lodge application for variation of work plan
77HB. Approval of variation of work plan
77HC. Planning permits not required for some work variations
77I. Extractive industry work authorities
77J. Conditions of extractive industry work authorities
77K. Extractive industry work authority holder's duty to consult with community
77KA. Chief Inspector to be notified of reportable events in relation to quarries
77KB. Variation application must be made if quarry is declared
77L. Period of extractive industry work authority
77M. Variation of an extractive industry work authority
77N. Transfer of an extractive industry work authority
77O. Cancellation of an extractive industry work authority
77OA. Surrender of an extractive industry work authority

Division 3--Managers

77Q. Manager must be appointed

Division 4--Planning requirements

77R. Powers to amend planning scheme
77S. Land subject to a licence under Part 2
77T. Environment Effects Statement

PART 6B--STATUTORY ENDORSEMENT OF WORK PLANS

77TA. Definitions
77TB. Application of Part
77TC. Giving of work plan or variation to approved work plan for statutory endorsement
77TD. Department Head may endorse work plan or variation to approved work plan
77TE. Department Head must give work plan or variation application to referral authority
77TF. Referral authority must consider work plan and variation of approved work plan
77TG. Interrelationship with the Planning and Environment Act 1987

PART 6C--REVIEW

77TI. Review by Tribunal
77TJ. Application for review
77U. Definitions
78. Licensee must rehabilitate land
78A. Holder of extractive industry work authority must rehabilitate land
79. Rehabilitation plan
79A. Rehabilitation liability assessment
80. Rehabilitation bond
81. Rehabilitation
81A. Certification that land has been rehabilitated
82. Return of bond if rehabilitation satisfactory
83. Minister may carry out rehabilitation
83A. Payment of bond into Declared Mine Fund on cancellation of licence
84. Payment out of Consolidated Fund

PART 7A--MINE LAND REHABILITATION AUTHORITY

Division 1--Preliminary

84AA. Definitions
84AB. Meaning of public sector body
84AC. Meaning of regulatory framework

Division 2--Establishment of Rehabilitation Authority and the Board

84AD. Mine Land Rehabilitation Authority
84AE. Objectives of the Rehabilitation Authority
84AF. Rehabilitation Authority powers relating to property
84AG. Board of Rehabilitation Authority
84AH. Appointment of members of the Board
84AI. Remuneration
84AJ. Terms and conditions of appointment
84AK. Acting appointment
84AKA. Resignation
84AKB. Removal from office
84AKC. Chairperson of the Board
84AKD. Deputy chairperson of the Board

Division 3--Functions and powers

84AL. Functions and powers of the Rehabilitation Authority
84AM. Rehabilitation Authority to have regard to objective, regional rehabilitation strategy and regulatory framework
84AN. Staff to be provided
84AO. Assistance to be provided by the Department Head
84AP. Assistance to be provided by a public sector body and a declared mine licensee

Division 4--Investigations by the Rehabilitation Authority

84AQ. Minister may refer a matter for investigation to the Rehabilitation Authority
84AR. Power of entry and inspection without consent
84AS. Occupier or apparent occupier of land must assist authorised officer to enter
84AT. Occupier or apparent occupier of land must assist authorised officer to inspect
84AU. Authorised officers under this Division
84AV. Authorised officer's identity cards

Division 5--Giving of documents or other things

84AW. Giving of documents or other things to the Rehabilitation Authority by declared mine licensees
84AX. Giving of documents or other things to the Rehabilitation Authority by public sector bodies
84AY. Confidentiality of document or other thing given under a notice

Division 6--Information gathering by the Rehabilitation Authority

84AZ. Definition
84AZA. Notice requiring documents or information from public sector body
84AZB. Notice requiring documents or information from declared mine licensee

Division 7--Monitoring framework

84AZC. Rehabilitation Authority must prepare monitoring framework
84AZD. Making the monitoring framework
84AZE. Amendment of monitoring framework
84AZF. Making an amendment to the monitoring framework

Division 8--Reports and reviews of the Rehabilitation Authority

84AZG. Report of referral investigation
84AZH. Annual report of Rehabilitation Authority
84AZI. Consultation
84AZJ. Reports to the Minister
84AZK. Rehabilitation Authority review of research plans of declared mine licensee

Division 9--Protections for persons acting under this Part

84AZL. Protection against self-incrimination

PART 7B--REGIONAL REHABILITATION STRATEGY

84AZM. Minister must prepare a strategy for the rehabilitation of coal mine land
84AZN. Publication of regional rehabilitation strategy
84AZO. Review of regional rehabilitation strategy
84AZP. Amendment of regional rehabilitation strategy
84AZQ. Publication of amendment to regional rehabilitation strategy
84AZR. Minister must consult

PART 7C--DECLARED MINE LAND REHABILITATION

Division 1--Preliminary

84AZS. Definitions
84AZT. Ministerial direction—declared mine land

Division 2--Declared mine rehabilitation plans

84AZU. Declared mine licensee to prepare plan for rehabilitation of land
84AZV. Department Head to consider plan for rehabilitation of declared mine land
84AZW. Application for variation of declared mine rehabilitation plan
84AZX. Department Head may direct declared mine licensee to apply for variation of declared mine rehabilitation plan

Division 3--Closure of mine, registration of declared mine land and post-closure plan

84AZY. Application for determination that closure criteria have been met
84AZZ. Consideration of application that closure criteria have been met
84AZZA. Determination of application—closure criteria
84AZZB. Closure criteria for declared mine land met
84AZZC. Registration of declared mine land

Division 4--Registered post-closure plans recorded and transfer of registered mine land

84AZZD. Registered post-closure plan recorded on title
84AZZE. Removal of registered post-closure plan from title
84AZZF. Transfer of registered mine land to Rehabilitation Authority

Division 5--Declared Mine Fund

84AZZG. Declared Mine Fund
84AZZH. Payments into the Fund
84AZZI. Payments out of the Fund
84AZZJ. Delegation of power to authorise payments

Division 6--Monitoring and maintenance of registered mine land

84AZZK. Functions and powers of the Rehabilitation Authority—registered mine land

Division 7--Register of declared mine land

84AZZL. Register of declared mine land
84AZZM. Removal of registered mine land from the Register

PART 8--COMPENSATION

84A. Application of this Division
85. What compensation is payable for
85A. What compensation is payable for—Crown land
86. When a claim can be made
87. Compensation agreement
88. Determination of compensation disputes
88A. Determination of disputes—Crown land
89. Limit on total amount of compensation
89AB. Measure of compensation payable under section 89AA

PART 8A--CODES OF PRACTICE

89A. Power to make Codes of Practice
89B. Variation and revocation of Code of Practice
89C. Advertising of draft Code of Practice, variation or revocation
89D. Consideration of submissions
89E. How is a Code of Practice made?
89F. Availability of Code of Practice
89G. Code of Practice
89H. Use of Code of Practice in proceedings

PART 9--INSPECTORS

Division 1--Employment of inspectors

90. Employment of inspectors
91. Delegation by Chief Inspector
92. Identity cards

Division 2--Performance of functions or exercise of powers

93. Inspectors subject to Department Head's directions

Division 3--Powers relating to entry

94. Power to enter
95. General powers on entry
95A. Power to require production of documents etc.
95B. Power to take samples

Division 4--Procedure relating to entry

95C. Announcement on entry
95D. Report to be given about entry

Division 5--Search warrants

95E. Definition
95F. Issue of search warrants
95G. Announcement before entry on warrant
95H. Copy of warrant to be given to occupier

Division 6--Limitation on entry powers

95I. Places used for residential purposes

Division 7--Return and forfeiture of seized things

95J. Return of seized things
95K. Forfeiture of seized things

Division 8--Other powers

95L. Power to require name and address
95M. Power to give directions

Division 9--Other matters

95N. Occupier must assist inspector
95O. Other assistance in exercising powers
95P. Inspector may take affidavits
95Q. Inspector may copy documents

Division 10--Offences

95R. Offences in relation to inspections

Division 11--Protection of privileges

95S. Protection against self-incrimination
95T. Legal professional privilege and client legal privilege not affected

PART 11--MINING WARDENS

96. Appointment of mining wardens
97. Disputes
98. Matters referred to mining warden
99. Powers of mining warden
100. Conduct of hearing
101. Evidence not admissible in other proceedings
102. Validity of acts or decisions
103. Discontinuance of investigation
104. Costs
105. Annual report

PART 12--ENFORCEMENT

Division 1--Definitions

105A. Definitions

Division 2--Infringements

106. Infringements

Division 3--Enforceable undertakings

107. Enforceable undertakings
108. Offence to contravene an undertaking

Division 4--Remedial notices and orders and enforcement orders

110. Notice requiring authority holder to take action or stop work
110AA. Injunction for non-compliance with notice
110AB. Minister may take action required by injunction or order
110AC. Offence to hinder or obstruct remedial action
110AD. Immunity for remedial action
110AE. Compensation for remedial action
110AF. When claim for compensation for remedial action can be made
110AG. Recovery of costs and compensation by Minister
110A. Enforcement order
110B. Notice requiring owner of registered mine land to take action or stop work
110C. Review of decision to issue notice to owner of registered mine land

Division 5--General

111. Offences by corporations
111A. Default penalties

PART 13--MISCELLANEOUS

112. Surveys, searches and drilling operations
112A. Minister may require review of economic viability of mining of minerals to which a retention licence applies
113. Discovery of uranium or thorium to be reported
113A. Discovery of coal seam gas to be reported
114. Abandoned plant becomes property of the Crown
115. Occupiers liability
116. Licensee must supply information
116A. Holder of extractive industry work authority or consent to supply information
117. Obtaining licence or other authority dishonestly
118. Pecuniary interests
119. Secrecy
120. Delegation
120A. Ministerial guidelines
121. Immunity
121A. State liability
121B. Minister may pay for surrender of licences
122. Service of documents
123. Supreme Court—limitation of jurisdiction
124. Regulations

PART 14--REPEALS, AMENDMENTS, SAVINGS AND TRANSITIONALS

127. Validation of existing titles
129. Savings and transitionals
130. Saving and transitional provisions—2000 amendments
131. Saving and transitional provisions—2001 amendments
132. Transitional provision—2005 amendments
133. Validation of certain exploration and mining work—2006 amendments
134. Change of title provision—2006 amendments
135. Transitional provision—2006 amendments
135A. Transitional provision—2010 amendments abolishing the Mining and Environment Advisory Committee
136. Saving and transitional provisions—2009 amendments
137. Savings and transitional provisions—2010 amendments
138. Transitional provision—2012 amendments
139. Savings and transitional provisions—2014 amendments
140. Savings and transitional provisions—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014
141. Transitional provision—Mineral Resources (Sustainable Development) Amendment Act 2019
142. Transitional provisions—Mineral Resources (Sustainable Development) Amendment Act 2019
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 4A
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
ENDNOTES

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback