Victorian Current Acts Victorian Current ActsSchedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010
1 Definitions
In this Schedule—
"amending Act" means the Mineral Resources Amendment (Sustainable Development) Act 2010 ;
"specified licence" means an exploration licence to which clause 7 or 8 applies.
(1) To avoid doubt, Part 2, as amended by Part 2 of the amending Act, applies to—
(a) an application for a mining licence made on and after the commencement of section 7 of the amending Act; and
(b) subject to subclause (2), an application for the renewal of a current mining licence made on or after the commencement of that section.
(2) Despite anything to the contrary in Part 2, an application for a mining licence or for the renewal of a current mining licence that is made within 12 months after the commencement of section 7 of the amending Act is not required to include a mineralisation report at the time the application is made.
(3) However, a mineralisation report must be provided to the Minister within 12 months after the application is made.
(4) Despite anything to the contrary in this Act, the Minister—
(a) cannot make a decision on the application until the Minister receives a mineralisation report under subclause (3); and
(b) may refuse the application if the Minister is not provided a mineralisation report within the time specified under subclause (3).
(5) In this clause—
"current mining licence" means a mining licence that is in effect immediately before the commencement of section 7 of the amending Act;
"mineralisation report" means a report referred to in section 15(1BE).
3 Mining licensees and others may apply for retention licence in certain cases
(1) This clause applies to—
(a) a holder of a mining licence who wishes to apply for a retention licence over land that is covered by the mining licence; or
(b) an applicant for a mining licence who wishes to apply for a retention licence over land that is covered by the application for the mining licence; or
(c) a person who—
(i) wishes to apply for a retention licence over land that is covered by a mining licence or that is the subject of an application for a mining licence; and
(ii) has the consent of the holder of that mining licence or the applicant for that mining licence to apply for the retention licence.
(2) Despite anything to the contrary in Part 2, a person to whom this clause applies may apply for the retention licence (the retention licence application ) within 12 months after the commencement of section 7 of the amending Act.
(3) A retention licence application is not required to include a mineralisation report at the time the retention licence application is made.
(4) However, a mineralisation report must be provided to the Minister within 12 months after the retention licence application is made.
(5) Despite anything to the contrary in this Act, the Minister—
(a) cannot make a decision on the retention licence application until the Minister receives a mineralisation report under subclause (4); and
(b) may refuse the retention licence application if the Minister is not provided with a mineralisation report within the time specified under subclause (4).
(6) On the taking of effect of a retention licence that is granted on a retention licence application—
(a) the land to which the retention licence application relates is taken to be covered by that retention licence, if the land does not constitute the whole of the land covered by the mining licence or the application for the mining licence;
(b) the mining licence is taken to be cancelled if the land to which the retention licence application relates constitutes the whole of the land covered by the mining licence;
(c) the application for the mining licence is taken to be ineffective if the land to which the retention licence application relates constitutes the whole of the land covered by the application for the mining licence—
as the case requires.
(7) Subclauses (6)(a) and (6)(b) apply despite anything to the contrary in the mining licence.
4 Exploration licences in effect that have not been renewed
(1) This clause applies—
(a) to an exploration licence (other than a specified licence)—
(i) that is in effect on the commencement of section 19 of the amending Act; but
(ii) has not been renewed before that commencement; and
(b) whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act.
(2) Despite anything to the contrary in the exploration licence, sections 31 and 32 apply to an application for any renewal of the exploration licence.
Sch. 8 cl. 5 (Heading) amended by No. 64/2012 s. 40(1).
5 Exploration licences in effect for 10 years or less and that have been renewed at least once
(1) This clause applies—
(a) to an exploration licence (other than a specified licence)—
(i) that is in effect on the commencement of section 19 of the amending Act; and
Sch. 8 cl. 5(1)(a)(ii) substituted by No. 64/2012 s. 40(2).
(ii) that has been, at the time of that commencement, in effect for a period of 10 years or less and renewed at least once; and
(b) whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act.
(2) Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of the exploration licence.
(3) Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew the exploration licence—
(a) for one period that does not exceed 2 years; and
(b) after that, for another period not exceeding 2 years but only if the Minister—
(i) considers there are exceptional circumstances to warrant that renewal; and
(ii) is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed.
6 Exploration licences in effect for more than 10 years
(1) This clause applies—
(a) to an exploration licence (other than a specified licence)—
(i) that is in effect on the commencement of section 19 of the amending Act; and
Sch. 8 cl. 6(1)(a)(ii) amended by No. 64/2012 s. 40(3).
(ii) that has been, before or at the time of that commencement, in effect for a period of more than 10 years; and
(b) whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act.
(2) Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of the exploration licence.
(3) Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew the exploration licence—
(a) as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 2 years; and
(b) after that, for a period not exceeding 2 years but only if the Minister—
(i) considers there are exceptional circumstances to warrant that renewal; and
(ii) is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed.
7 Applications relating to specified exploration licences
(1) This clause applies to the following exploration licences (whether or not an application has been made to renew any of the licences before the commencement of section 19 of the amending Act)—
(a) exploration licence No. 3327 granted on 16 September 1982 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5344 granted on 10 August 1987 and No. 5364 granted on 16 November 1989;
(b) exploration licence No. 3008 granted on 16 December 1988 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5260 granted on 31 May 1985;
(c) exploration licence No. 3018 granted on 5 September 1989 to the extent that the licence covers land not within the outer boundaries of the land described in any of the following mining licences—
(i) No. 4847 granted on 3 November 1989;
(ii) No. 5396 granted on 5 October 1988;
(iii) No. 5444 granted on 5 April 2006;
(d) exploration licence No. 3310 granted on 17 September 1993 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 4644 granted on 25 February 1986;
(e) exploration licence No. 3539 granted on 3 June 1994 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5404 granted on 24 August 1990;
(f) exploration licence No. 3903 granted on 4 October 1996 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5458 granted on 9 August 2006 and No. 5497 granted on 26 August 2009;
Sch. 8 cl. 7(1)(g) amended by No. 64/2012 s. 40(4).
(g) exploration licence No. 4282 granted on 30 April 1998 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5367 granted on 24 May 2002 and No. 5506 granted on 17 December2008;
Sch. 8 cl. 7(1)(h) inserted by No. 64/2012 s. 40(5).
(h) exploration licence No. 3242 granted on 24 April 1987 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 4470 granted on 14 August 1979;
Sch. 8 cl. 7(1)(i) inserted by No. 64/2012 s. 40(5).
(i) exploration licence No. 3422 granted on 31 January 1994 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5146 granted on 17 December 1996;
Sch. 8 cl. 7(1)(j) inserted by No. 64/2012 s. 40(5).
(j) exploration licence No. 3640 granted on 15 September 1994 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 4756 granted on 17 January 1989.
(2) Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of an exploration licence to which this clause applies.
(3) Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew an exploration licence to which this clause applies—
(a) as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 5 years; and
(b) after that, as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 2 years but only if the Minister, each time—
(i) considers there are exceptional circumstances to warrant that renewal; and
(ii) is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed.
(4) In addition, section 38A(2A) and (2B) do not apply to the exploration licence.
8 Specified exploration licences with parts within outer boundaries of mining licences
(1) This clause applies to the following exploration licences (whether or not an application has been made to renew any of the licences before the commencement of section 19 of the amending Act)—
(a) exploration licence No. 3327 granted on 16 September 1982 to the extent that the licence covers land within the outer boundaries of the land described in mining licences No. 5344 granted on 10 August 1987 and No. 5364 granted on 16 November 1989;
(b) exploration licence No. 3008 granted on 16 December 1988 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5260 granted on 31 May 1985;
(c) exploration licence No. 3018 granted on 5 September 1989 to the extent that the licence covers land within the outer boundaries of the land described in any of the following mining licences—
(i) No. 4847 granted on 3 November 1989;
(ii) No. 5396 granted on 5 October 1988;
(iii) No. 5444 granted on 5 April 2006;
Sch. 8 cl. 8(1)(d) amended by No. 64/2012 s. 40(6).
(d) exploration licence No. 3242 granted on 24 April 1987 to the extent that the licence covers land within the outer boundaries of the land described in mining licence No. 4470 granted on 14 August 1979;
(e) exploration licence No. 3422 granted on 31 January 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5146 granted on 17 December 1996;
(f) exploration licence No. 3539 granted on 3 June 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5404 granted on 24 August 1990;
(g) exploration licence No. 3640 granted on 15 September 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 4756 granted on 17 January 1989.
(2) Sections 31 and 32, as in force immediately before the commencement of section 19 of amending Act, apply to an application for the renewal of an exploration licence to which this clause applies.
(3) In addition, section 38A(2A) and (2B) do not apply to the exploration licence.
9 Decreases in area under current exploration licences—first renewal after amending Act
(1) This clause applies—
(a) to an exploration licence to which clause 4 of this Schedule applies; and
(b) in respect of which an application is made after the commencement of section 21 of the amending Act for the first renewal of that licence.
(2) Section 38A(2A) applies to the exploration licence.
10 Decreases in area under current exploration licences—second renewal after amending Act
(1) This clause applies—
(a) to an exploration licence to which clause 4 of this Schedule applies; and
(b) in respect of which an application is made after the commencement of section 21 of the amending Act for the second renewal of that licence.
(2) Section 38A(2A) and (2B) apply to the exploration licence.
Sch. 8 cl. 11 (Heading) amended by No. 64/2012 s. 40(7).
11 Decreases in area under current exploration licences that have been renewed at least once
(1) This clause applies—
(a) to an exploration licence to which clause 5 or 6 of this Schedule applies; and
(b) in respect of which an application is made after the commencement of section 21 of the amending Act for a renewal of that licence.
(2) Section 38A(2A) and (2B) apply to the
exploration licence.
Sch. 9 inserted by No. 10/2014 s. 42.