Victorian Numbered Acts

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) AMENDMENT ACT 2014 (NO. 10 OF 2014) - SECT 36

After Part 6B of the Principal Act insert —

" PART 6C—REVIEW

        77TI     Review by Tribunal

    (1)     A licensee or the holder of an extractive industry work authority may apply to the Tribunal for review of—

        (a)     a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to refuse to approve a work plan or a variation of an approved work plan; or

        (b)     a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to approve a work plan or the variation of an approved work plan with conditions.

    (2)     The holder of an extractive industry work authority may apply to the Tribunal for review of—

        (a)     a decision of the Minister to impose a condition on the extractive industry work authority under section 77J; or

        (b)     a decision of the Minister to vary a condition of the extractive industry work authority under section 77M or impose a new condition under that section; or

        (c)     a decision of the Minister under section 77N to impose a new condition on the extractive industry work authority that the Minister has consented to be transferred to another person under that section.

    (3)     A licensee, the holder of an extractive industry work authority or a person proposing to apply for an extractive industry work authority may apply to the Tribunal for review of—

        (a)     a decision of the Department Head under section 77TD to refuse to statutorily endorse a work plan or variation to an approved work plan; or

        (b)     a decision of the Department Head under section 77TD to statutorily endorse a work plan or variation to an approved work plan with conditions.

    (4)     The former holder of an extractive industry work authority may apply to the Tribunal for review of a decision of the Minister to cancel the work authority under section 77O.

    (5)     Subsections (1) and (3) do not apply to a condition that has been imposed on an approval of a work plan or of a variation of a work plan if—

        (a)     the condition is substantially the same as a condition of the relevant planning scheme or a planning permit for the carrying out of the extractive industry; or

        (b)     a decision to impose the condition has already been the subject of review by the Tribunal.

        77TJ     Application for review

An application for review must be made within 28 days after the later of—

        (a)     the day on which the decision is made; or

        (b)     either—

              (i)     the day on which the statement of reasons for the decision is given under section 40A, 41AAB, 77G, 77HB or 77TD to the person entitled to apply for review; or

              (ii)     if, under the Victorian Civil and Administrative Tribunal Act 1998 , the person entitled to apply for review requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

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