Victorian Current Acts Victorian Current ActsS. 77TD(1) substituted by No. 10/2014 s. 33(1).
(1) Subject to this Part, on receiving a work plan or a variation to an approved work plan, the Department Head must, by written notice within 28 days—
(a) ask for changes to be made to the work plan or variation to an approved work plan; or
(b) endorse or refuse to endorse the work plan or variation to an approved work plan; or
S. 77TD(1)(c) substituted by No. 39/2018 s. 25.
(c) give a copy of the work plan or variation to an approved work plan—
(i) to each relevant referral authority in accordance with section 77TE(1) ; and
(ii) in the case of a work plan (or a variation of an approved work plan) for mining work proposed to be done under a mining licence, to the Environment Protection Authority under the Environment Protection Act 2017 and each other relevant referral authority in accordance with section 77TE(1A).
S. 77TD(1A) inserted by No. 10/2014 s. 33(2).
(1A) If the Department Head asks for changes to be made to the work plan or variation to an approved work plan, the licensee, holder of an extractive industry work authority or person proposing to apply for an extractive industry work authority must, in accordance with section 77TC, give to the Department Head, for statutory endorsement, a work plan or variation to an approved work plan that includes those changes.
(2) The Department Head must not make a decision under subsection (1) that is inconsistent with anything that a referral authority tells the Department Head, or any comments the referral authority gives to the Department Head, under section 77TF.
S. 77TD(3) substituted by No. 64/2012 s. 38(1).
(3) The Department Head may, in a statutory endorsement, specify that certain conditions must be observed in carrying out an approved work plan by—
(a) the licensee; or
(b) the holder of an extractive industry work authority; or
(c) a person who proposes to apply under section 77I for an extractive industry work authority if he or she is subsequently granted the authority by the Minister.
(4) In the case of a statutory endorsement of a variation to an approved work plan, the conditions specified under subsection (3) may include—
(a) in the case of variation to an approved work plan for work under a licence, any of the matters set out in section 26(2);
(b) in the case of variation to an approved work plan for work under an extractive industry work authority, any of the matters set out in section 77J(1).
S. 77TD(5) amended by No. 64/2012 s. 38(2) (as amended by No. 70/2013 s. 3(Sch.1 item 47.2)).
(5) The Department Head must, as the case requires, give the licensee, holder of an extractive industry work authority or person proposing to apply for an extractive industry work authority who gave the work plan or the variation to an approved work plan, his or her statement of reasons for his or her decision under this section.
S. 77TE inserted by No. 59/2010 s. 45.