Victorian Numbered Acts Victorian Numbered Acts(1) For the heading to clause 3 of Schedule 9 to the Mineral Resources (Sustainable Development) Act 1990 substitute —
(2) In clause 3(3) of Schedule 9 to the Mineral Resources (Sustainable Development) Act 1990 , for "clause (1)(b)" substitute "subclause (1)(b)".
(3) After clause 3(3) of Schedule 9 to the Mineral Resources (Sustainable Development) Act 1990 insert —
"(4) Despite subclauses (2) and (3), if the Department Head is satisfied that work set out in a work plan described in subclause (1)(a) or (b) may pose an unacceptable risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of that work, the Department Head may direct that the work plan be varied so that it complies with section 40(3) as amended by section 16 of the amending Act.
(5) On making a determination under subclause (4), the Department Head must give the licensee written notice of the proposed variation, and the reasons for it, and give the licensee an opportunity to comment on the proposal.
(6) After considering any comments made by the licensee, the Department Head may direct the licensee to lodge an application under section 41 for approval of the variation.".