Victorian Current Acts Victorian Current ActsS. 80(1) amended by No. 6/2009 s. 24(1).
(1) A licensee or an applicant for an extractive industry work authority must enter into a rehabilitation bond for an amount determined by the Minister.
S. 80(2) amended by No. 76/1998 s. 31(j)(i), substituted by No. 63/2006 s. 42, amended by No. 68/2014 s. 50(a).
(2) If land covered by a mining licence or prospecting licence is private land, the Minister must, before determining the amount of a rehabilitation bond, consult with—
(a) the council in whose municipal district the land is situated; and
(b) the owner of the land.
S. 80(2A) inserted by No. 6/2009 s. 24(2).
(2A) If the land that is proposed to be covered by an extractive industry work authority is private land, the Minister must, before determining the amount of a rehabilitation bond, consult with the council in whose municipal district the land is situated.
S. 80(3) amended by Nos 76/1998 s. 31(j)(ii), 6/2009 s. 24(3).
(3) The condition of a rehabilitation bond is that the authority holder rehabilitates the land as required by section 78 or 78A to the satisfaction of the Minister.
S. 80(4) amended by Nos 6/2009 s. 24(4)(b), 29/2011 s. 3(Sch. 1 item 60.1), 10/2014 s. 38(1).
(4) The Minister may, at any time after a rehabilitation bond is entered into and after consultation with the authority holder, by notice served on the authority holder require the authority holder to enter into a further rehabilitation bond within 28 days after service of that notice, or by a later date specified in the notice, for an amount determined by the Minister if he or she is of the opinion that the amount of the bond already entered into is insufficient.
S. 80(4A) inserted by No. 10/2014 s. 38(2).
(4A) An authority holder must comply with a requirement to enter into a further rehabilitation bond under subsection (4).
Penalty: In the case of a corporation, 200 penalty units
In any other case, 40 penalty units.
S. 80(5) amended by Nos 6/2009 s. 24(5), 29/2011 s. 3(Sch. 1 item 60.2), 10/2014 s. 38(3).
(5) The Minister may serve on an authority holder who has not complied with a requirement under subsection (4) within 28 days after service of notice of the requirement, a notice prohibiting the authority holder from doing any work until the authority holder has entered into the further rehabilitation bond.
S. 80(6) amended by Nos 82/2000 s. 54(1), 68/2014 s. 50(b).
(6) An authority holder must comply with a notice under subsection (5) [8] .
Penalty: In the case of a corporation, 1000 penalty units.
In any other case, 200 penalty units.
Default penalty:
In the case of a corporation, 20 penalty units.
In any other case, 10 penalty units.
S.
81
amended by Nos 82/2000 s. 54(2), 63/2006 s. 43 (ILA s. 39B(1)).