Victorian Numbered Regulations Victorian Numbered RegulationsIn these Regulations—
"business day" means a day other than a Saturday, Sunday or public holiday appointed under the Public Holidays Act 1993 ;
"continuing licence" means—
(a) an exploration licence; or
(b) a mining licence; or
(c) a retention licence;
"exploration hazard" means any of the following—
(a) the use of explosives;
(b) the taking of flora listed under section 10 or Schedule 2 to the Flora and Fauna Guarantee Act 1988 , unless that flora is taken from private land that is not owned by a public authority;
(c) the taking of flora from a community listed under section 10 or Schedule 2 to the Flora and Fauna Guarantee Act 1988 , unless that community is found on private land that is not owned by a public authority;
(d) the taking of fauna listed under section 10 or Schedule 2 to the Flora and Fauna Guarantee Act 1988 ;
(e) the taking of any taxon or community of flora or fauna from any habitat or parts of habitat determined under section 20 of the Flora and Fauna Guarantee Act 1988 ;
(f) the removal or damaging of more than 1 hectare of native vegetation if that area does not contain any native trees during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first;
(g) the removal or damaging of more than 15 native trees that have a trunk diameter of less than 40 centimetres at a height of 1·3 metres above ground level during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first;
(h) the removal or damaging of more than 5 native trees that have a trunk diameter of 40 centimetres or more at a height of 1·3 metres above ground level during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first;
(i) the creation of any road, structure or hardstand area without the consent of the owner or occupier of the land on which it is created;
(j) the use of any closed road without the consent of the owner or occupier of the land on which the road is located or undertaking works on any road without the consent of the owner or occupier of the land on which the road is located;
(k) ground intrusive work that––
(i) is within 200 metres of a waterway; or
(ii) is on a slope steeper than a ratio of 1 vertical:3 horizontal; or
(iii) is of
greater than 2 hectares in an area of cultural heritage sensitivity
during either the term of the licence or a period
of 5 years from the
grant of the licence, whichever ends first; or
(iv) involves taking water from an aquifer, hydraulic fracturing, or excavation using heavy earth moving equipment;
(l) any other activity and circumstance that causes the Department Head to declare that a work plan must be lodged under section 40(2) of the Act;
"gold" means any gold or silver content of ore, concentrates, alloy or metal that is sold as a product from a mine the principal activity of which is the mining of gold;
"mining hazard" means any mining activity and circumstance that may pose a risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of work carried out at a mine;
"net market value", of a mineral, means the market value of the mineral at the time it is first sold, transferred or disposed of, less any costs reasonably, necessarily and directly incurred by the licensee in connection with the sale, transfer or disposal (including insurance, freight and marketing expenses);
"the Act" means the Mineral Resources (Sustainable Development) Act 1990 .