Victorian Numbered Regulations Victorian Numbered RegulationsDespite the expiry of the Mineral Resources (Sustainable Development) (Mineral Industries) Interim Regulations 2018, regulation 32 of those Regulations continues to apply as if those Regulations had not expired in respect of an annual technical report for the year ending 30 June 2019.
Schedule 1—Information required in notice of licence application
1. The name and address of the applicant/s.
2. A contact phone number and email address of the applicant for maps and other information requests.
3. The Internet site address or other location where the information in Part 2 of this Schedule is published (not relevant for prospecting licence applications).
4. Details of the application, including the following—
(a) the application number;
(b) the locality or localities where the land to which the application relates is located;
(c) in the case of a notice of application for an exploration licence, the approximate area of land to which the application relates in graticular sections;
(d) in the case of a notice of application for a mining licence, prospecting licence or retention licence, the approximate area of land to which the application relates in hectares;
(e) the date of the application;
(f) an outline of the proposed program of work to which the application relates;
(g) the term the licence is applied for;
(h) in the case of a notice of application for a mining licence or prospecting licence, if applicable, the date authority to enter was granted.
5. A statement that any person may object to the grant of a licence in accordance with section 24 of the Act and details as to how a person can object to the grant of the licence, including current contact details for the Department and the Department's Internet site address through which objections can be made.
6. A map clearly identifying the land to which the application relates, including relevant roads and place names.
7. If the application is for an exploration licence, a statement that, subject to other statutory requirements being satisfied, an exploration licence, if granted, entitles the holder of the licence to explore and search for minerals in the relevant land, but does not entitle the holder to undertake mining.
8. If the application is for a mining licence, a statement that, subject to other statutory requirements being satisfied, a mining licence, if granted, entitles the holder of the licence to carry out mining on the relevant land, explore for minerals, construct any facilities specified in the licence, and do anything else that is incidental to that mining.
9. If the application is for a prospecting licence, a statement that, subject to other statutory requirements being satisfied, a prospecting licence, if granted, entitles the holder of the licence to prospect or explore for minerals, carry out mining on the relevant land, and do anything else that is incidental to that mining.
10. If the application is for a retention licence, a statement that, subject to other statutory requirements being satisfied, a retention licence, if granted, entitles the holder of the licence to retain rights to a mineral resource and explore and carry out other work to establish the economic viability of mining, but does not entitle the holder to undertake mining.
11. A statement that further information regarding the statutory requirements that must be complied with prior to work being undertaken on a licence, including landowner and occupier consent requirements, is available on the Department's Internet site (the notice must include the relevant Internet site address).
1. Details of the proposed program of work to be carried out under the licence.
2. A description of the applicant's systems for managing impacts of the proposed work on the community (including landowners and occupiers) and the environment.
3. An outline of how the applicant intends to meet
a licensee's obligations under section 39A of the Act to consult with the
community (including landowners and occupiers).
Schedule 2—Information required in notice of acceptance of a tender for a licence
1. The name and address of the tenderer/s.
2. The contact phone number and email address of the tenderer for maps and other information requests.
3. The Internet site address or other location where the information in Part 2 of this Schedule is published (not relevant for tender for a prospecting licence).
4. Details of the tender, including the following face="Symbol">¾
(a) the locality or localities where the land to which the tender relates is located;
(b) in the case of a tender for an exploration licence, the approximate area of land to which the tender relates in graticular sections;
(c) in the case of a tender for a mining licence, prospecting licence or retention licence, the approximate area of land to which the tender relates in hectares;
(d) the date of the application for the tender;
(e) an outline of the proposed program of work to which the tender relates;
(f) the term of licence tendered for;
(g) the date authority to enter granted (if applicable).
5. A statement that any person may object to the grant of a licence in accordance with section 24 of the Act and details as to how a person can object to the grant of the licence, including current contact details for the Department and the Department's Internet site address through which objections can be made.
6. A map clearly identifying the land to which the tender relates, including relevant roads and place names.
7. If the tender is for an exploration licence, a statement that, subject to other statutory requirements being satisfied, an exploration licence, if granted, entitles the holder of the licence to explore and search for minerals in the relevant land, but does not entitle the holder to undertake mining.
8. If the tender is for a mining licence, a statement that, subject to other statutory requirements being satisfied, a mining licence, if granted, entitles the holder of the licence to carry out mining on the relevant land, explore for minerals, construct any facilities specified in the licence, and do anything else that is incidental to that mining.
9. If the tender is for a prospecting licence, a statement that, subject to other statutory requirements being satisfied, a prospecting licence, if granted, entitles the holder of the licence to prospect or explore for minerals, carry out mining on the relevant land, and do anything else that is incidental to that mining.
10. If the tender is for a retention licence, a statement that, subject to other statutory requirements being satisfied, a retention licence, if granted, entitles the holder of the licence to retain rights to a mineral resource and explore and carry out other work to establish the economic viability of mining, but does not entitle the holder to undertake mining.
11. A statement that further information regarding the statutory requirements that must be complied with prior to work being undertaken on a licence, including landowner and occupier consent requirements, is available on the Department's Internet site (the notice must include the relevant Internet site address).
1. Details of the proposed program of work to be carried out under the licence.
2. A description of the tenderer's systems for managing impacts of the proposed work on the community (including landowners and occupiers) and the environment.
3. An outline of how the tenderer intends to meet
a licensee's obligations under section 39A of the Act to consult with the
community (including landowners and occupiers).
Schedule 3—Exploration licence
Licence no.
Mineral Resources (Sustainable Development) Act 1990
I, [ insert name ], *the Minister/*acting as delegate of the Minister, grant to [ insert full name of holder ] of [ insert address of holder ] this exploration licence. The licence is granted under section 25 of the Act, over the area described in the attached document plan.
The licence is effective *to/*for [ insert expiry date or term of years from date of registration ].
This licence is subject to the Schedule of Conditions attached and the following conditions:
1. The licensee must expend in connection with exploration of the land a minimum of the following ( remove where necessary, depending on term of years from date of registration )—
$ in the first year of the term of the licence;
$ in the second year of the term of the licence;
$ in the third year of the term of the licence;
$ in the fourth year of the term of the licence;
$ in the fifth year of the term of the licence—
unless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act. The required expenditure may be varied on the second and fourth anniversaries (as applicable) of the licence grant if the area of the licence is decreased in accordance with section 38A of the Act.
2. The reporting date is [ insert reporting date ] annually.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[ insert conditions ].
Schedule 4—Mining licence
Licence no.
Mineral Resources (Sustainable Development) Act 1990
I, [ insert name ], *the Minister/*acting as delegate of the Minister, grant to [ insert full name of holder ] of [ insert address of holder ] this mining licence. The licence is granted under section 25 of the Act and is effective *to/*for [ insert expiry date or term of years from date of registration ].
This licence is subject to the Schedule of Conditions attached and the following condition:
The licensee must, from the date of registration
of the licence, expend
$ per year on work in the licensed area, unless this requirement is
varied, or application of this requirement is suspended for a specified
period, in accordance with the Act.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[ insert conditions ].
Schedule 5—Prospecting licence
Licence no.
Mineral Resources (Sustainable Development) Act 1990
I, [ insert name ], *the Minister/*acting as delegate of the Minister, grant to [ insert full name of holder ] of [ insert address of holder ] this prospecting licence. The licence is granted under section 25 of the Act and is effective *to/*for [ insert expiry date or term of years from date of registration ].
This licence is subject to the Schedule of Conditions attached and the following condition:
The licensee must, from the date of registration
of the licence, expend
$ per year on work in the licensed area, unless this
requirement is varied, or application of this requirement is suspended for a
specified period, in accordance with the Act.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[ insert conditions ].
Schedule 6—Retention licence
Licence no.
Mineral Resources (Sustainable Development) Act 1990
I, [ insert name ], *the Minister/*acting as delegate to the Minister, grant to [ insert full name of holder ] of [ insert address of holder ] this retention licence. The licence is granted under section 25 of the Act, over the area described in the attached document plan.
The licence is effective *to/*for [ insert expiry date or term of years from date of registration ].
This licence is subject to the Schedule of Conditions attached and the following conditions:
1. The licensee must expend in connection with retention licence activities of the land a minimum of the following ( remove where necessary, depending on term of years from date of registration )—
$ in the first year of the term of the licence;
$ in the second year of the term of the licence;
$ in the third year of the term of the licence;
$ in the fourth year of the term of the licence;
$ in the fifth year of the term of the licence;
$ in the sixth year of the term of the licence;
$ in the seventh year of the term of the licence;
$ in the eighth year of the term of the licence;
$ in the ninth year of the term of the licence;
$ in the tenth year of the term of the licence—
unless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act.
2. The reporting date is [ insert reporting date ] annually.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[ insert conditions ].
Schedule 7—Information required in notice of application for renewal of mining licence to owner and occupier of land
1. The name and address of the applicant/s (if the applicant is a company, the registered address of the company).
2. Details of the application for renewal, including the following—
(a) the number of the licence to which the application relates;
(b) the locality of the land to which the application relates;
(c) the area of land to which the application relates in hectares;
(d) the date of the application;
(e) the term of renewal applied for;
(f) the nature of the proposed program of work.
3. Signature of the applicant/s.
4. Date of application.
Schedule 8—Fire risk management plan for coal mines
1. The fire risk management plan must be prepared with the input of an independent expert with appropriate expertise in mine safety and fire prevention, mitigation and suppression.
2. The fire risk management plan must—
(a) specify all fire hazards; and
(b) specify key sensitive receptors; and
(c) assess the risks that the identified fire hazards pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work described in the work plan; and
(d) specify appropriate controls to eliminate or minimise, as far as reasonably practical, the risks identified under paragraph (c); and
(e) specify and quantify the objectives, standards or acceptance criteria that each control measure or a combination of control measures will achieve; and
(f) specify how the control measures will be implemented and continuously improved; and
(g) specify procedures for the regular testing of the control measures; and
(h) specify procedures for the monitoring and reporting of the status, performance and effectiveness of the control measures; and
(i) specify the procedures for regular review and updating of the plan and whenever the hazards or the risks change; and
(j) specify mine emergency procedures to be followed in the case of a fire.
3. For the purposes of subclause 2(c), an assessment of the risk of fire hazards must have regard to—
(a) the likelihood of fire entering or breaking out in the work plan area and causing or contributing to any harm or damage to the environment, to any member of the public, or to land, infrastructure or property in the vicinity of the work described in the work plan; and
(b) the severity or consequence of
the harm or damage that may be caused.
Schedule 9—Work plan fees for mining licences and prospecting licences
Regulations 47 and 49
1 Definitions
(1) In this Schedule—
"EES work plan" means a work plan or variation to a work plan for work in respect of which an Environment Effects Statement is prepared under the Environment Effects Act 1978 ;
"SE work plan" means a work plan or variation to a work plan for work in respect of which a planning permit is required;
"sensitive location", in relation to a mine, means—
(a) a residence, school, kindergarten, aged care facility, hospital, childcare centre or community facility; or
(b) a place or class of places declared under subclause (2) to be a sensitive location—
but does not include any premises that are owned or occupied by the person who lodges a work plan or applies to vary a work plan in relation to the mining to be carried out in that mine.
(2) The Minister, by notice published in the Government Gazette, may declare a place or class of places to be a sensitive location for the purposes of this Schedule.
(3) In determining the perimeter of the area for the purposes of this Schedule, any buffer zone in or in relation to that area is to be excluded.
2 Fee for lodgement of work plan
The fees for lodging a work plan are specified in the following Table.
Table
|
Column 1 |
Column 2 |
Column 3 | |
|---|---|---|---|
| | |
Fee | |
|
|
| ||
|
1 |
Prospecting licence or a mining licence that covers an area of 5 hectares or less |
123·4 fee units |
N/A |
|
2 |
For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan |
308·4 fee units |
1233·8 fee units |
|
3 |
For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has one or more sensitive locations within 200 metres of the perimeter of the area covered by the work plan |
370·1 fee units |
1233·8 fee units |
|
4 |
For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan |
308·4 fee units |
1233·8 fee units |
|
5 |
For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan |
740·3 fee units |
2467·5 fee units |
|
6 |
For a mining licence, in respect of a mine that is a declared mine |
740·3 fee units |
2467·5 fee units |
3 Fee for varying a work plan
The fees for varying a work plan are specified in the following Table.
Table
|
Column 1 |
Column 2 |
Column 3 | ||
|---|---|---|---|---|
| | |
Fee | ||
|
|
|
Other work plan | ||
|
1 |
A prospecting licence, or a mining licence that covers an area of 5 hectares or less |
114·4 fee units |
N/A |
38·1 fee units |
|
2 |
For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has no sensitive locations within 200 metres of the perimeter of the area covered by the application |
305·0 fee units |
1143·8 fee units |
95·3 fee units |
|
3 |
For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application |
381·3 fee units |
1143·8 fee units |
114·4 fee units |
|
4 |
For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has no sensitive |
305·0 fee units |
1143·8 fee units |
95·3 fee units |
| |
locations within 500 metres of the perimeter of the area covered by the application | | | |
|
5 |
For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application |
762·5 fee units |
2287·5 fee units |
228·8 fee units |
|
6 |
For a mining licence, in respect of a mine that is a declared mine |
762·5 fee units |
2287·5 fee units |
228·8 fee units |
Schedule 10—Miner's right
Mineral Resources (Sustainable Development) Act 1990
$ [ cost of miner's right ]
Place issued:
Date:
Issued to [ Insert full name ]
of [ Insert full residential/business address ]
under the Mineral Resources (Sustainable Development) Act 1990 , to be in force from [ insert date on which the term of the miner's right begins ] until [ insert date on which the term of the miner's right ends ].
I, the holder of this miner's right, agree to search for minerals only in the circumstances authorised by section 55 of the Act and to comply with section 58 of the Act.
Signature of holder:
Signature of person authorised to issue:
Schedule 11—Tourist Fossicking Authority
Authority no.
Mineral Resources (Sustainable Development) Act 1990
I, [ insert name ], *the Minister/*acting as delegate of the Minister, grant to [ insert full name of holder ] of [ insert address of holder ] this tourist fossicking authority. The authority is granted under section 61 of the Act, over the area described in the attached document plan.
The authority is effective *to/*for [ insert expiry date or term of years from date of registration ].
This licence is subject to the Schedule of Conditions attached.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[ insert conditions ].
Schedule 12 —Stability requirements and processes for declared mines
1. Any geological information, in addition to that required under regulation 40, that is relevant to the stability of the declared mine, including a plan showing cross-sections and long sections of the proposed extraction area of the declared mine.
2. An assessment of the geotechnical and hydrogeological risks for the declared mine.
3. A description of the control measures proposed to be implemented to eliminate or reduce the geotechnical or hydrogeological risks to an acceptable level including—
(a) a description of any proposed groundwater control system; and
(b) particulars of other measures to ensure the stability of the mine, associated infrastructure and adjacent land.
4. A plan for monitoring the stability and groundwater management of the declared mine.
5. A description of the process for reviews of the
assessment, plan, actions and control measures referred to in this Schedule
relating to the declared mine.
Schedule 13—Information in documents required to be recorded in the mining register
|
Column 1 Provision of the Act |
Column 2
|
Column 3
|
|---|---|---|
|
Licence |
Licence type/number, Date of grant of licence, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Map of area, Stratum of land (if relevant) | |
|
Instrument of refusal of application for licence |
Licence application type/number, Date refused, Name/s of applicant/s, Address/es of applicant/s | |
|
Compensation agreement |
Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Title description of land covered by agreement, Names of parties to agreement | |
|
Rehabilitation bond relating to a licence |
Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Bond amount, Date of bond document, Date bond received | |
|
Consent of owner to work near a dwelling house |
Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Name/s of owner/s, Address/es of owner/s, Title details of land subject to consent, Depth or distance restrictions (if relevant) | |
|
Authorisation of Minister to work near a dwelling house |
Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Name/s of owner/s, Address/es of owner/s, Title details of land subject to authorisation | |
|
Approved work plan relating to a licence |
Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Date of work plan approval or date of variation approval, Description of the area covered by approved work plan, Nature of work, Conditions on approved work plan (if relevant), Stratum of land (if relevant) | |
|
Instrument of renewal of licence including notice of decreased area and of any changed conditions |
Licence type/number, Date of renewal of licence, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Description of the area relinquished/refused (if relevant), Stratum of land (if relevant), Description of the general nature and purpose of any changed conditions | |
|
Instrument of refusal to renew licence |
Licence type/number, Date refused, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Stratum of land (if relevant) | |
|
Instrument of variation of licence |
Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) (if relevant), Date of variation, Description of the general nature and purpose of the variation, Stratum of land (if relevant) | |
|
Instrument of amalgamation of licences |
Licence type/numbers, Date of grant of licences, Amalgamated licence number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) of amalgamated licence, Date of amalgamation, Stratum of land (if relevant) | |
|
Notice of surrender of licence |
Licence type/number, Date notice of surrender submitted, Name/s of licensee/s, Address/es of licensee/s, Area surrendered (ha/graticules), Area retained (ha/graticules) (if relevant), Stratum of land (if relevant) | |
|
Instrument of cancellation of licence |
Licence type/number, Date of notice of intention to cancel, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Date of cancellation, Stratum of land (if relevant) | |
|
Instrument of variation, suspension, revocation or addition of licence conditions |
Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) (if relevant), Date of instrument approval, Description of the general nature and purpose of the instrument, Stratum of land (if relevant) | |
|
Approved instrument of transfer of licence |
Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Date of instrument approval, Name/s of transferee/s, Address/es of transferee/s, Stratum of land (if relevant) | |
|
Instrument for creating, assigning or affecting interests in, or conferred by, licence (including mortgages) |
Licence type/number, Name/s of licensee/s, Area (ha/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Summary of the interests created, assigned or affected, Stratum of land (if relevant) | |
|
Instrument for devolution of licence or interest in, or conferred by, licence |
Licence type/number, Name/s of licensee/s, Area (ha/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Stratum of land (if relevant) | |
|
Instrument (including mortgages) for the termination or cancellation of interests in, or conferred by, licence |
Licence type/number, Name/s of licensee/s, Area (ha/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Summary of the interests cancelled or terminated by the instrument, Stratum of land (if relevant) | |
|
Written undertakings entered into under section 107 in relation to a licence |
Licence type/number, Name/s of licensee/s, Description of the general nature and purpose of undertaking, Description of the terms of each undertaking | |
|
Determination of the Tribunal or the Supreme Court as to the amount of compensation payable |
Licence type/number, Name/s of licensee/s, Address/es of parties involved, Title description of land covered by agreement, Names of parties to agreement |
Schedule 14—Infringements
|
Column 1 Item |
Column 2 Infringement offence |
Column 3 Infringement penalty |
|---|---|---|
|
1 |
An offence under section 8(1) of the Act |
25 penalty units in the case of a corporation or 5 penalty units in any other case |
|
2 |
An offence under section 14(2A) of the Act |
6 penalty units |
|
3 |
An offence under section 14BA of the Act |
6 penalty units |
|
4 |
An offence under section 26AT of the Act |
1 penalty unit |
|
5 |
An offence under section 26AV of the Act |
25 penalty units in the case of a corporation or 5 penalty units in any other case |
|
6 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work in an area or at a location that is not authorised by the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
7 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work outside of the hours authorised by the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
8 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work in buffer zones that is not authorised by the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
9 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing blasting work that is not authorised by the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
10 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds blasting limits specified in the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
11 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that discharges water other than as authorised by the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
12 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds noise limits specified in the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
13 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing drilling work that is not authorised by the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
14 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds dust limits specified in the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
15 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that removes native vegetation other than as authorised by the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
16 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by constructing a fence that is not in accordance with the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
17 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by rehabilitation of a drillhole that is not in accordance with the licence or work plan, including but not limited to failing to plug a drillhole |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
18 |
An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by storing, handling, transporting, using, disposing or discharging a chemical other than as authorised by the licence or work plan |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
19 |
An offence under section 39(5) of the Act |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
20 |
An offence under section 42(1) of the Act |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
21 |
An offence under section 43(1) of the Act |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
22 |
An offence under section 58(1)(a) of the Act |
10 penalty units |
|
23 |
An offence under section 58(1)(b) of the Act |
10 penalty units |
|
24 |
An offence under section 58(1)(c) of the Act |
10 penalty units |
|
25 |
An offence under section 58(1)(d) of the Act |
10 penalty units |
|
26 |
An offence under section 58(2) of the Act |
5 penalty units |
|
27 |
An offence under section 62(1)(a) of the Act |
10 penalty units |
|
28 |
An offence under section 62(1)(b) of the Act |
10 penalty units |
|
29 |
An offence under section 62(1)(c) of the Act |
10 penalty units |
|
30 |
An offence under section 62(1)(d) of the Act |
10 penalty units |
|
31 |
An offence under section 62(2) of the Act |
10 penalty units |
|
32 |
An offence under section 62(3) of the Act |
5 penalty units |
|
33 |
An offence under section 80(4A) of the Act |
25 penalty units in the case of a corporation or 5 penalty units in any other case |
|
34 |
An offence under section 80(6) of the Act |
60 penalty units in the case of a corporation or 12 penalty units in any other case |
|
35 |
An offence under section 95R(2)(a) of the Act |
30 penalty units in the case of a corporation or 6 penalty units in any other case |
|
36 |
An offence under section 110(3) of the Act |
30 penalty units in the case of a corporation or 6 penalty units in any other case |
|
37 |
An offence under section 113A(3) of the Act |
5 penalty units |
|
38 |
An offence under section 116(1) of the Act |
2 penalty units |
|
39 |
An offence under regulation 8(2) |
5 penalty units |
|
40 |
An offence under regulation 51(3) |
5 penalty units |
|
41 |
An offence under regulation 51(4) |
5 penalty units |
|
42 |
An offence under regulation 52 |
5 penalty units |
Schedule 15—Landowner's consent under section 45
IMPORTANT NOTICE TO LANDOWNER—PLEASE READ BEFORE SIGNING
The licensee is prohibited by section 45(1) of the Mineral Resources (Sustainable Development) Act 1990 ( the Act ) from doing any work within 100 metres laterally of a dwelling house that existed before an approved work plan was registered in respect of the licence or within 100 metres below that area, unless the licensee has the written consent of the owners of the land on which that dwelling house is located or an authority from the Minister.
Note
Work is defined in section 45(7) of the Mineral Resources (Sustainable Development) Act 1990 and covers a range of mining-related activities. The licensee proposes to do work in accordance with the description or work plan attached to this form.
By signing this form, you give your written consent to the licensee doing work within 100 metres laterally of a dwelling house situated on your land or within 100 metres below that area.
What happens if I give consent?
Your consent is voluntary . You are not required to sign this form.
If you do give consent:
1. You cannot withdraw your consent and any subsequent owner of the land cannot withdraw a consent you have given.
2. Your consent binds all subsequent owners and occupiers of the land.
3. If the land is owned by 2 or more people, all the owners must give their consent by signing this form and each owner's signature will need to be witnessed.
4. You may make your consent conditional on depth or distance restrictions.
Before you sign this form:
You may wish to seek advice before you decide whether to give consent.
LANDOWNER'S CONSENT UNDER SECTION 45
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Office Use only: |
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LICENSEE:
Name of Licensee:
Address of Licensee:
Licence Number and Type:
LANDOWNER(S):
Name:
Address:
Name:
Address:
PARTICULARS OF LAND:
Address/description:
Title Particulars:
*I am/*we are the owner(s) of the land set out above. *I/*we understand that the licensee is prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Mineral Resources (Sustainable Development) Act 1990 from doing work within 100 metres laterally of a dwelling house situated on the land or within 100 metres below that area, unless *I/*we give written consent.
*I/*we consent to the licensee doing work within and below the area otherwise prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Act in accordance with the description or work plan attached to this consent.
*This consent is given subject to the following condition(s) as to distance or depth:
OR
*This consent is not subject to any conditions.
*I/*We have read the notice to landowners, above, and understand that:
• *My/*our consent is voluntary; and
• *I/*we cannot withdraw this consent; and
• this consent binds all subsequent owners and occupiers of the land.
Signature of landowner:
Name of landowner:
Witnessed by:
Signature of witness:
Name of witness:
Date:
*Delete if not applicable.
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