Victorian Numbered Acts Victorian Numbered Acts(1) Insert the following heading to section 45 of the Principal Act—
"Prohibition of work near dwellings and certain places and sites" .
(2) In section 45(1)(a) of the Principal Act—
(a) after "dwelling house" insert "that existed before an approved work plan was registered in respect of the licence";
(b) sub-paragraphs (ii) to (x) are repealed ;
(c) for sub-paragraph (xii) substitute —
"(xii) any archaeological relic registered under section 10(a) of the Archaeological and Aboriginal Relics Preservation Act 1972 ; or".
(3) For section 45(2) of the Principal Act substitute —
"(2) A licensee may, with the consent of the owners of the land on which a dwelling house is situated, do work within the area prohibited by sub-section (1)(a)(i) in relation to that dwelling house or within 100 metres below that area.
(3) A consent given by any owner of land under sub-section (2)—
(a) must be in writing and in the prescribed form (if any); and
(b) cannot be withdrawn by that owner or by any subsequent owner of the land; and
(c) binds all subsequent owners and occupiers of the land.".
(4) In section 45(4A) of the Principal Act, for "Heritage Council" substitute "Executive Director (within the meaning of the Heritage Act 1995 )".
(5) For section 45(5) of the Principal Act substitute —
"(5) An owner who consents under sub-section (2), or a person or a body that consents under sub-section (4), (4A) or (4B), may make the consent conditional on the following matters only—
(a) specified distance restrictions;
(b) specified depth restrictions.".
(6) After section 45(6) of the Principal Act insert —
'(7) In this section—
"dwelling house" means a building that is used primarily, or is intended, adapted or designed to be used primarily, as a residence, (including kitchen, bathroom and sanitary facilities) for an occupier who has a right to the exclusive use of it and includes a building that may, in addition to its primary residential use, be used for small-scale commercial activities;
"work" means any of the following activities—
(a) any excavation for the purposes of mining or bulk sampling of ore;
(b) any excavation for the purposes of exploration using mechanised equipment;
(c) any construction or use of any opening, excavation, structure or equipment for access to, or ventilation of, underground workings;
(d) any treatment, extraction, handling or processing of minerals using plant or equipment (other than hand-operated equipment);
(e) any construction or use of roads for the haulage of ore, waste rock or overburden;
(f) the bulk storage of ore, waste rock or overburden;
(g) any construction or use of dams for the storage of tailings, process water or groundwater;
(h) any construction or use of other facilities for the treatment, handling or storage of tailings or other wastes;
(i) any drilling (unless carried out with hand-held equipment);
(j) any other activity specified in the regulations—
but does not include the carrying out of low impact exploration.
(8) For the purposes of sub-section (1)(a)(i) the distance of 100 metres is to be measured from—
(a) the boundary of the allotment on which the dwelling house is situated if the area of the allotment is 0·4 hectares or less; or
(b) in any other case, a distance of 25 metres from the outer edge of any eave forming part of the dwelling house.'.