Victorian Numbered Acts

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) AMENDMENT ACT 2014 (NO. 10 OF 2014) - SECT 21

    (1)     For section 42(1), (2), (2A), (3), (4) and (5) of the Principal Act substitute —

    "(1)     The holder of a mining licence or prospecting licence must not carry out any work on the land covered by the licence unless—

        (a)     the licensee has an approved work plan if required under this Act; and

Note

Section 40 contains the requirements for a work plan.

        (b)     the licensee has entered into a rehabilitation bond in accordance with section 80; and

        (c)     the licensee has obtained all the necessary consents and other authorities required by or under this or any other Act; and

        (d)     the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and

        (e)     the licensee has obtained the insurance required under section 39(5); and

        (f)     any consent under section 45 or authorisation under section 46 has been registered; and

        (g)     the licensee has given 7 days notice to—

              (i)     the Chief Inspector; and

              (ii)     the owners and occupiers of the land affected—

of the licensee's intention to commence work; and
s. 21

        (h)     if the land affected is private land—

              (i)     the licensee has obtained the written consent of the owners and occupiers of the land affected; or

              (ii)     the licensee has made and registered compensation agreements with those owners and occupiers; or

              (iii)     the amount of compensation payable to those owners and occupiers has been determined under Part 8; or

              (iv)     the licensee has purchased the land affected.

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.

    (2)     Subsection (1)(h) does not apply if it is waived by the Department Head under subsection (3).

    (3)     If the land affected is private land and the licensee has been unable to determine the name and address of the owners and occupiers of the land, the licensee may apply to the Department Head to have the requirement specified by subsection (1)(h) waived.

    (4)     The Department Head may grant such an application if, in his or her opinion, the licensee has made all reasonable efforts to determine the name and address of the owners and occupiers of the land.

    (5)     Before waiving the requirement, the Department Head may require the licensee—

        (a)     to advertise the licensee's intention to start work on the land affected in a specified edition of a newspaper circulating generally in the area in which the land is situated;

        (b)     to post a notice on the land affected stating that the licensee intends to start work on that land.".

    (2)     In section 42(7) of the Principal Act—

        (a)     in paragraph (b), for "Minister; and" substitute "Minister.";

        (b)     paragraph (c) is repealed .