Victorian Current Acts Victorian Current Acts(1) The Minister may take any necessary action to rehabilitate land if he or she—
S. 83(1)(a) amended by No. 6/2009 s. 28(a).
(a) is not satisfied that the land has been rehabilitated as required by section 78 or 78A (as the case may be); or
S. 83(1)(ab) inserted by No. 32/2019 s. 10.
(ab) in the case that the land or any part of the land is declared mine land, is not satisfied that the land has been rehabilitated; or
S. 83(1)(ac) inserted by No. 32/2019 s. 10.
(ac) in the case that the land or any part of the land is declared mine land, is satisfied that the declared mine land requires further rehabilitation in accordance with the declared mine rehabilitation plan that applies to it; or
(b) is satisfied that further rehabilitation of the land is necessary; or
(c) is requested to do so by the owner of the land.
(2) The Minister must, if he or she refuses to act on a request under subsection (1)(c), inform the owner of the land of the reasons for that refusal.
S. 83(3) amended by No. 6/2009 s. 28(b).
(3) The Minister may only take action under subsection (1) if he or she has requested the authority holder or former authority holder to rehabilitate the land and the authority holder or former authority holder has failed to do so within a reasonable period after the request.
(4) The Minister may recover as a debt due to the Crown in a court of competent jurisdiction any amount by which the cost incurred under subsection (1) exceeds the amount of the bond or bonds.
S. 83(5) amended by No. 6/2009 s. 28(c).
(5) The Minister must, if satisfied that no further rehabilitation of the land is likely to be necessary, return to the authority holder or former authority holder as soon as possible any balance of the bond or bonds after any cost incurred under subsection (1) is deducted.
S. 83(6) substituted by No. 82/2000 s. 56, amended by No. 6/2009 s. 28(d).
(6) In making a decision under subsection (5), the Minister must take into account the possibility that some of the damage caused to the land by the authorised activities may not become evident for some time.
S. 83A inserted by No. 32/2019 s. 11.