Extractive Industries Development (Amendment) Act 2003 (Vic)

Extractive Industries Development (Amendment)

Act 2003

ts	Act No. 84/2003
n
e
m
u	TABLE OF PROVISIONS
c

o Section Page

1. Purpose 1

D	2.	Commencement	1
ry	3.	Definitions	2
4.	New section 8 substituted	2
ta	8.	Offence to search for stone without owner's consent	2
n	5.	Land not available for searching for stone	3
e	6.	New sections 11 and 12 substituted	3

11. Consent to search for stone on Crown land 3

m	12.	Special requirements for particular land	5
ia	7.	New sections 14, 15 and 16 substituted	7
rl	14.	Form and content of consent	7
a	15.	Effect of consent	7
16.	Power of Minister to cancel or suspend consent etc.	8
P	8.	Conditions on variation of work plan	8
d	9.	Work authorities over land in more than one ownership	9
n	10.	Variation of a work authority	9
a	11.	Conditions on transfer of a work authority	10
12.	Consequential amendment	10
n	13.	New section 24A inserted	10
o

ti	24A.	Review of certain decisions about work plans and
authorities 10

la	14.	New section 26 substituted	11
is	26.	Land subject to a mining licence	11

15. New Part 4 substituted 13

g

e PART 4—MANAGERS 13

L	38.	Manager must be appointed	13
n	16.	Consequential amendments	14
a
ri
17.	New section 60 substituted	15

60. Further transitionals—search consents 15

18. Consequential amendments 16

to	═══════════════
ic
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i

ts
n
e
m
u

c
o	Victoria
D
ry
ta
n	No. 84 of 2003
e
m
ia	Extractive Industries Development
rl	†
a	(Amendment) Act 2003
P

[Assented to 11 November 2003]

d
n
a
n
o

ti	The Parliament of Victoria enacts as follows:
la
is	1. Purpose
g
e	The main purpose of this Act is to amend the
L	Extractive Industries Development Act 1995 to
n	make further provision for extractive industries.
a
ri	2. Commencement
to	(1) Subject to sub-section (2), this Act comes into
ic	operation on a day or days to be proclaimed.
V

Extractive Industries Development (Amendment) Act 2003

s. 3

Act No. 84/2003

(2) If a provision of this Act does not come into

operation before 1 December 2005, it comes into

ts	operation on that day.
n	3. Definitions

e	See:	In section 3(1) of the Extractive Industries
Act No.
m	67/1995.	Development Act 1995—
u	Reprint No. 2
c	as at
16 November

(a) in the definition of "owner" for paragraph (a)

o	2002 and	substitute—
D	amending
"(a) in relation to Crown land, means the
Act Nos
ry	56/2003 and	Minister responsible for administering
61/2003.
ta	LawToday:	the Act under which the Crown land is
	controlled or managed;";
n	dpc.vic.
e	gov.au	(b) the definition of "search permit" is repealed.

m	4. New section 8 substituted
ia
rl	For section 8 of the Extractive Industries
a	Development Act 1995 substitute—
P	"8. Offence to search for stone without
d	owner's consent
n	A person must not search for stone or carry
a	out any survey or other operation for the
n	purpose of searching for stone—
o
ti	(a) on Crown land without the consent of
la	the owner and any consent required
is	under section 12(1)(a); or
g	(b) on any private land without—
e
L	(i) the consent of the owner of the land and any consent required
n	under section 12(1)(a); or
a
ri	(ii) the authority of the Minister under
to	section 13 and any consent
ic	required under section 12(1)(a).
V	Penalty: 50 penalty units.".

Extractive Industries Development (Amendment) Act 2003

s. 5

Act No. 84/2003

5. Land not available for searching for stone

In section 10 of the Extractive Industries

ts	Development Act 1995 for "grant a permit"
n	substitute "give consent under section 11".
e	6. New sections 11 and 12 substituted
m
u	For sections 11 and 12 of the Extractive
c	Industries Development Act 1995 substitute—
o	"11. Consent to search for stone on Crown
D	land
ry	(1) A person may apply to the Minister
ta	responsible for administering the Act under
n	which particular Crown land is controlled or
e	managed for consent to search for stone on
m	that Crown land.
ia	(2) The Minister must, within 14 days after
rl	receiving an application for consent, give
a	notice of the application to—
P

(a) any person or body nominated by the

d	Minister administering the
n
a	Archaeological and Aboriginal Relics Preservation Act 1972; and
n
o	(b) any person or body nominated in
ti	relation to the application by the
la	Minister to whom a power has been
is	delegated under section 21B of the
g	Aboriginal and Torres Strait Islander
e	Heritage Protection Act 1984 of the
L	Commonwealth.
n	(3) The Minister must have regard to any
a
ri	comments or submissions of a person or
body nominated for the purposes of sub-
to	section (2) in considering an application for
ic	consent.
V

Extractive Industries Development (Amendment) Act 2003

s. 6

Act No. 84/2003

(4) The Minister may, by instrument in

writing—

ts	(a)	consent to search for stone on the
n	Crown land; or

e	(b) consent to search for stone on the
m	Crown land subject to conditions; or
u
c	(c) refuse to consent to search for stone on
o	the Crown land.
D	(5) The Minister must not unreasonably
ry	withhold consent.
ta	(6) The Minister must consent or refuse to
n	consent to an application within 60 days after
e	receiving the application or within any
m	further period that the Minister requires to
ia	determine the application including the
rl	consideration of comments or submissions
a	from a person or body nominated for the
P	purposes of sub-section (2).
d	(7) If the Minister refuses to consent under sub-
n	section (4), the Minister must, within 7 days
a	after the decision to refuse, give the person
n	proposing to carry out the search a statement
o
ti	in writing of the reasons for the decision.
la	(8) A person may apply to the Tribunal for
is	review of a decision by the Minister—

(a) to refuse to consent to the person

g

e	searching for stone on Crown land; or
L	(b) to consent to the person searching for
n	stone on Crown land subject to
a
ri	conditions.
to
ic
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Extractive Industries Development (Amendment) Act 2003

s. 6

Act No. 84/2003

12. Special requirements for particular land

(1) A person who proposes to carry out any

ts	search for stone on land—
n	(a) that is owned by, vested in or managed
e	or controlled by an Authority under the
m	Water Act 1989 or a licensee within
u	the meaning of that Act or Melbourne
c	Water Corporation must obtain the
o	consent of that Authority, licensee or
D	Corporation; or
ry	(b) on which there is a public highway,
ta	road or street must give 21 days notice
n	of the proposed work to the person or
e	body having the care or management of
m	the public highway, road or street.
ia	(2) A person may only do work at a depth of
rl	more than 0·75 metres below any land that is
a	within 100 metres of—
P

(a) a waterway that is owned by, vested in

d

n	or managed or controlled by an
a	Authority under the Water Act 1989 or a licensee within the meaning of that
n
o	Act or Melbourne Water Corporation;
ti	or
la	(b) any main drains, sewers, aqueducts,
is	channels or pipelines of that Authority,
g	licensee or Corporation—
e	after consultation with the Authority,
L	licensee or Corporation and in compliance
n	with any conditions specified by the
a
ri	Authority, licensee or Corporation.
to
ic
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Extractive Industries Development (Amendment) Act 2003

s. 6

Act No. 84/2003

(3) The Authority, licensee or Corporation—

(a) must not unreasonably withhold

ts	consent under sub-section (1)(a); and
n	(b) may grant that consent subject to
e	conditions.
m	(4) If the Authority, licensee or Corporation
u
c	does not, within 60 days after the consent
o	under sub-section (1)(a) being sought, grant
D	that consent or refuse to consent, that
ry	consent is deemed to have been granted.
ta	(5) If the Authority, licensee or Corporation

refuses to consent under sub-section (1)(a)

n	the Authority, licensee or Corporation must,
e	within 7 days after the decision to refuse,
m	give the person proposing to carry out the
ia	search a statement in writing of the reasons
rl	for the decision.
a
P	(6) A person may apply to the Tribunal for

review of a decision—

d

n	(a) by the Authority, licensee or
a	Corporation to refuse to consent to that
n	person carrying out a search for stone
o
ti	under sub-section (1)(a); or
la	(b) by the Authority, licensee or

Corporation to consent to that person

is	carrying out a search for stone under
g	sub-section (1)(a) subject to conditions;
e
L	or

(c) by the Authority, licensee or

n

a	Corporation to specify any conditions
ri	for that person to do work at a depth of
to	more than 0·75 metres below any land
ic	under sub-section (2).".
V

Extractive Industries Development (Amendment) Act 2003

s. 7

Act No. 84/2003

7. New sections 14, 15 and 16 substituted

For sections 14, 15 and 16 of the Extractive

ts	Industries Development Act 1995 substitute—
n	"14. Form and content of consent
e

A consent granted under section 11—

m

u	(a) must describe the land in respect of
c	which the consent is granted; and
o
D	(b) must specify the stone in respect of
ry	which it is granted; and

(c) must be expressed to be subject to any

ta	conditions, limitations and restrictions
n	that are prescribed and any other
e	conditions, limitations and restrictions
m	that the Minister thinks fit to impose;
ia	and
rl	(d) remains in force unless sooner
a
P	cancelled or suspended for a period of 2 years from the date the consent was
d	granted.
n
a	15. Effect of consent
n	(1) The holder of a consent under section 11 is,
o
ti	during the currency of the consent, entitled
to carry out any surveys or other operations
la	that are authorised by the consent for the
is	purpose of searching for the stone specified
g	in the consent on the land in respect of which
e	the consent is granted.
L

(2) In carrying out any of those surveys or

n

a	operations the holder of a consent under
ri	section 11 must proceed in an expeditious
to	manner without causing unnecessary damage
and without interfering with the existing use
ic	of the land to a greater extent than is
V	necessary.

Extractive Industries Development (Amendment) Act 2003

s. 8

Act No. 84/2003

16.  Power of Minister to cancel or suspend consent etc.

ts	(1) The Minister referred to in section 11 may at
n	any time—
e	(a) cancel or suspend a consent under
m	section 11 if the person granted the
u	consent has contravened any provision
c	of this Act or any condition, limitation
o	or restriction to which the consent is
D	subject; or
ry	(b) withdraw from search under a consent
ta	granted under section 11 any land
n	which is required for any public
e	purpose and cancel the part of the
m	consent that relates to the land
ia	withdrawn; or
rl	(c) at the request of the person granted the
a	consent, cancel the consent either
P	wholly or in part.
d	(2) A person who has been granted consent may
n
a	apply to the Tribunal for review of a decision of the Minister to cancel or suspend the
n
o	consent under sub-section (1)(a) or cancel
ti	part of the consent under sub-section
la	(1)(b).".
is	8. Conditions on variation of work plan
g	For section 18(2) of the Extractive Industries
e
L	Development Act 1995 substitute—
"(2) The Department Head may direct the holder
n
a	of a work authority to submit an application
ri	for approval of—
to	(a) a variation of a work plan;
ic
V

Extractive Industries Development (Amendment) Act 2003

s. 9

Act No. 84/2003

(b) a variation or revocation of any condition imposed on the approval of a

ts	work plan;
n	(c) the imposition of new conditions on the
e	approval of a work plan.".
m	9. Work authorities over land in more than one
u	ownership
c
o	(1) After section 19(3) of the Extractive Industries
D	Development Act 1995 insert—
ry	"(4) The Minister may grant a work authority in
ta	respect of land owned by more than one
person if each owner of the land has
n	consented to the carrying out of an extractive
e	industry on the land owned by that person.".
m
ia	(2) After section 21(2) of the Extractive Industries
rl	Development Act 1995 insert—
a	"(3) Despite sub-section (2)(b), if a work
P	authority has been granted in respect of land
d	owned by more than one person and the
n	consent of one of those persons is revoked,
a	lapses or otherwise ceases to have effect, the
n	work authority continues to remain in force
o	in accordance with sub-section (2) in respect
ti	of the land owned by the other persons.".
la	10. Variation of a work authority
is
g	In section 22(2) of the Extractive Industries
e	Development Act 1995—
L	(a) in paragraph (b) for "applies." substitute
n	"applies; or";
a
ri	(b) after paragraph (b) insert—
to	"(c) if the Minister decides it is necessary
ic	for ensuring the safety of workers and
V	the public.".

Extractive Industries Development (Amendment) Act 2003

s. 11

Act No. 84/2003

11. Conditions on transfer of a work authority

After section 23(2) of the Extractive Industries

ts	Development Act 1995 insert—
n	"(3) If the Minister is not satisfied that the work
e	plan relating to the work authority is
m	adequate, the Minister may consent to the
u	transfer of the work authority subject to the
c	person to whom the work authority is to be
o	transferred being required to submit a new
D	work plan for approval by the Department
ry	Head within the time specified by the
ta	Minister.".
n	12. Consequential amendment
e	Section 24(2) of the Extractive Industries
m	Development Act 1995 is repealed.
ia
rl	13. New section 24A inserted
a	After section 24 of the Extractive Industries
P	Development Act 1995 insert—
d	"24A. Review of certain decisions about work
n
a	plans and authorities
n	(1) The holder of a work authority may apply to
o
ti

the Tribunal for review of—

(a) a decision of the Department Head

la	under section 17(6)(a) to approve a
is	work plan relating to that authority with
g	conditions; or
e
L	(b) a decision of the Department Head
n	under section 18(5) to approve the
a	variation of a work plan relating to that
ri	authority with conditions; or
to	(c) a decision of the Minister to impose a
ic	condition on the work authority under
V	section 20; or

Extractive Industries Development (Amendment) Act 2003

s. 14

Act No. 84/2003

(d) a decision of the Minister to vary a condition of the work authority under section 22 or impose a new condition

ts	under that section; or
n
e	(e) a decision of the Minister under
m	section 23 to impose a new condition
u	on the work authority that the Minister
c	has consented to be transferred to
o	another person under that section.
D	(2) The former holder of a work authority may
ry	apply to the Tribunal for review of a decision
ta	of the Minister to cancel the work authority
under section 24.
n
e	(3) Sub-section (1) does not apply to a condition
m	that has been imposed on an approval of a
ia	work plan or of a variation to a work plan
rl	if—
a	(a) the condition is substantially the same
P	as a condition of the relevant planning
d	scheme or the issue of a planning
n	permit for the carrying out of the
a	extractive industry; or
n	(b) a decision to impose the condition has
o
ti	already been the subject of review by
la	the Tribunal.".
is	14. New section 26 substituted
g	For section 26 of the Extractive Industries
e
L	Development Act 1995 substitute—
n	"26. Land subject to a mining licence
a
ri	(1) A person who applies to a responsible

authority for a permit under the Planning

to	and Environment Act 1987 to carry out an
ic	extractive industry must—

V (a) lodge a copy of the application with the Department Head; and

Extractive Industries Development (Amendment) Act 2003

s. 14

Act No. 84/2003

(b) send a copy of the application to the holder of any licence under the Mineral Resources Development Act

ts	1990 relating to land or any part of the
n	land to which the application applies—
e
m	on the same day that the applicant lodges the
u	application with the responsible authority.
c	(2) The applicant for a work authority must
o	forward to the Minister—
D

(a) a copy of any consent to the granting of

ry	a work authority that the licensee has
ta	given to the applicant; and
n	(b) if the licence is an exploration licence,
e	and the licensee is withholding consent
m	to the granting of a work authority,
ia	evidence that the applicant has given
rl	the licensee at least 28 days written
a	notice of the Minister's intention to
P	grant the work authority.
d	(3) If land is the subject of a licence under the
n
a	Mineral Resources Development Act 1990, the Minister must not grant a work authority
n
o	over the land unless the Minister is satisfied
ti	that—
la	(a) the licensee has consented to the
is	granting of a work authority; or
g	(b) if the licence is an exploration licence,
e	the licensee is unreasonably
L	withholding that consent and the
n	applicant for the work authority has
a
ri	given the licensee at least 28 days written notice of the Minister's
to	intention to grant the work authority.".
ic
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Extractive Industries Development (Amendment) Act 2003

s. 15

Act No. 84/2003

15. New Part 4 substituted

For Part 4 of the Extractive Industries

ts	Development Act 1995 substitute—
n
e	"PART 4—MANAGERS
m	38. Manager must be appointed
u
c	(1) The holder of a work authority must not
o	carry out any extractive industry unless the
D	person has appointed a quarry manager or a
ry	person to manage the extractive industry
operation who is a competent person.
ta
n	Penalty: 50 penalty units.
e	(2) A person must not operate a quarry unless
m	the person has appointed a quarry manager to
ia	manage the quarry who is a competent
rl	person.
a	Penalty: 50 penalty units.
P

(3) For the purposes of sub-section (1), a

d

n	competent person is a person whom the
a	holder of a work authority reasonably
n	believes—
o	(a) has acquired appropriate and adequate
ti	knowledge and skills, through training
la	or experience or both, to be able to
is	safely and competently control and
g	manage the extractive industry
e	operation; and
L

(b) has an adequate knowledge of this Act

n

a	and the regulations and any other
ri	relevant legislation; and

to	(c)	is authorised to carry out, or supervise
ic	the carrying out, of any activity on the
land in the work plan that is regulated
V	by or under any Act.

Extractive Industries Development (Amendment) Act 2003

s. 16

Act No. 84/2003

(4) For the purposes of sub-section (2), a

competent person is a person whom the
person who operates a quarry reasonably

ts	believes—
n
e	(a) has acquired appropriate and adequate
m	knowledge and skills, through training
u	or experience or both, to be able to
c	safely and competently control and
o	manage the extractive industry
D	operation; and

ry	(b)	has an adequate knowledge of this Act
ta	and the regulations and any other
relevant legislation; and
n
e	(c)	is authorised to carry out, or supervise
m	the carrying out, of any activity on the
ia	land in the work plan that is regulated
rl	by or under any Act.

a	(5) If the holder of a work authority or the
P	operator of the quarry is a competent person,
d	he or she may appoint himself or herself to
n	be the quarry manager or person to manage
a	the extractive industry operation.".
n	16. Consequential amendments
o
ti	In the Extractive Industries Development Act
la	1995—
is	(a) in sections 49, 52(2) and (3) and 53(2) and
g	(3), for "search permit" (wherever occurring)
e
L	substitute "consent under section 11";

(b) in section 50A(1), for "12(8), 12(8A), 24(2),

n

39(4), 40(4)" substitute "12(6), 24A(2)";

a
ri

(c) in section 52(2), for "permit" (where second

to	occurring) substitute "consent".
ic
V

Extractive Industries Development (Amendment) Act 2003

s. 17

Act No. 84/2003

17. New section 60 substituted

For section 60 of the Extractive Industries

ts	Development Act 1995 substitute—
n	"60. Further transitionals—search consents
e

(1) An application for a permit under section 11

m

u	that was made before the commencement of
c	section 6 of the Extractive Industries
o	Development (Amendment) Act 2003 and
D	for which no permit had been granted before that date is to be treated as if it were an
ry	application for a consent under section 11 as
ta	substituted by that Act.
n	(2) A permit granted under section 11 that was
e	in force immediately before the
m	commencement of section 6 of the
ia	Extractive Industries Development
rl	(Amendment) Act 2003 continues under
a	and subject to this Act as if the permit were a
P	consent granted under section 11 as
d	substituted by that Act.
n
a	(3) A consent granted under section 12(2)(a) that was in force immediately before the
n
o	commencement of section 6 of the
ti	Extractive Industries Development
la	(Amendment) Act 2003 continues under
and subject to this Act as if the consent were
is	a consent granted under section 12(1)(a) as
g
e	substituted by that Act.
L	(4) Any condition imposed under section 12(7)
n	that was in force immediately before the
a	commencement of section 6 of the
ri	Extractive Industries Development
to	(Amendment) Act 2003 continues under
ic	and subject to this Act as if the condition were a condition imposed under section
V	12(2) as substituted by that Act.".

Extractive Industries Development (Amendment) Act 2003

s. 18

Act No. 84/2003

18. Consequential amendments

In section 40 of the National Parks Act 1975—

ts	(a) in sub-section (1) after "permit" insert
n	"consent";
e

(b) in sub-section (1AA)(a), (c) and (d) after

m

u	"permit" insert ", consent";
c	(c) in sub-section (1A), after "permit" insert
o	"consent";
D

(d) in sub-section (5) for "or permit" substitute

ry	"permit or consent";
ta	(e) in sub-section (6) for "or permit" (where first
n	occurring) substitute ", permit or consent";
e

(f) in sub-section (6) for "or permit or"

m

ia	substitute "permit or consent to which sub-
rl	section (1) applies or".
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Extractive Industries Development (Amendment) Act 2003

Endnotes

Act No. 84/2003

ENDNOTES

ts †

Minister's second reading speech—

n	Legislative Assembly: 8 October 2003
e
Legislative Council: 5 November 2003
m
u	The long title for the Bill for this Act was "to amend the Extractive
c	Industries Development Act 1995 to make further provisions for
o	extractive industries."
D
ry
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