Mineral Resources Development (Further Amendment) Act 2001 (Vic)

Mineral Resources Development (Further

Amendment) Act 2001

Act No. 71/2001

TABLE OF PROVISIONS

Section Page

1.	Purpose	1
2.	Commencement	2
3.	Peat to be considered to be stone, not a mineral	2
4.	Omission of redundant reference	2
5.	Insertion of section 131	2

131. Saving and transitional provisions—2001 amendments 2

6. Insertion of Schedule 6 3

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ENDNOTES 5

i

Victoria

No. 71 of 2001

Mineral Resources Development (Further Amendment) Act 2001†

[Assented to 7 November 2001]

The Parliament of Victoria enacts as follows:

1. Purpose

The main purpose of this Act is to transfer peat
from the ambit of the Mineral Resources
Development Act 1990 to the ambit of the
Extractive Industries Development Act 1995.

Mineral Resources Development (Further Amendment) Act 2001

s. 2 Act No. 71/2001

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

3. Peat to be considered to be stone, not a mineral

See:

Act No.	(1) In the Mineral Resources Development Act
92/1990	1990—
Reprint No. 5
as at	(a) in section 4(1), in the definition of "mineral",
23/8/2001  LawToday:	in paragraph (b), after "stone" insert ", peat";
dpc.vic.	(b) in section 4(1), in the definition of "stone",
gov.au	after paragraph (e) insert— "(ea) peat; or";

(c) in Schedule 4, omit item 6.

(2) In section 3(1) of the Extractive Industries Development Act 1995, in the definition of "stone", after paragraph (e) insert—

"(ea) peat; or".

4. Omission of redundant reference

In section 38AA(3)(a)(i) of the Mineral native title".

5. Insertion of section 131

After section 130 of the Mineral Resources

Development Act 1990 insert—

"131. Saving and transitional provisions—

2001 amendments

Schedule 6 contains saving and transitional
provisions arising from the amendments
made to this Act by the Mineral Resources
Development (Further Amendment) Act
2001.".

Mineral Resources Development (Further Amendment) Act 2001

Act No. 71/2001 s. 6

6. Insertion of Schedule 6

After Schedule 5 of the Mineral Resources

Development Act 1990 insert—

'SCHEDULE 6

SAVING AND TRANSITIONAL PROVISIONS ARISING FROM THE MINERAL RESOURCES DEVELOPMENT (FURTHER AMENDMENT)

ACT 2001

1. Definition

In this Schedule "amending Act" means the Mineral Resources Development (Further Amendment) Act 2001.

2. Peat mining licences to continue

(1) In this clause "licence" means Mining Licence

No. 4667 granted on 27 May 1993.

(2) The licence continues, until the expiry of the

licence, to remain in force after the
commencement of the amending Act, subject to

this Act, as if peat was still a mineral.

(3) The licence may be renewed after the

commencement of the amending Act in
accordance with this Act as if peat was still a

mineral.

3. Peat exploration licences to continue

(1) In this clause "licence" means—

(a)	Exploration Licence No. 4115 granted on 22 July 1997;
(b)	Exploration Licence No. 4387 granted on 12 May 2000;
(c)	Exploration Licence No. 4451 granted on 12 May 2000.

Mineral Resources Development (Further Amendment) Act 2001

s. 6 Act No. 71/2001

(2) A licence continues, until the expiry of the

licence, to remain in force after the
commencement of the amending Act, subject to
this Act, as if peat was still a mineral subject to

the following exceptions—

(a)	the holder of the licence is not entitled to apply for a mining licence in respect of peat; and
(b)	the Minister must not renew the licence for a period that allows the licence to remain in force on or after 12 May 2012.

4. Inconsistent permits and authorities not to be granted

The Minister administering the Extractive grant under that Act—

(a)	a permit that allows any searching for, or the carrying out of any survey or other operation for the purpose of searching for, peat; or
(b)	a work authority that allows the carrying out of any extractive industry involving peat—

over, in or from any area of land covered by a
licence to which clause 2 or 3 applies while that

licence remains in force.'.

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Mineral Resources Development (Further Amendment) Act 2001

Act No. 71/2001 Endnotes

ENDNOTES

†

Minister's second reading speech—

Legislative Assembly: 27 September 2001

Legislative Council: 18 October 2001

The long title for the Bill for this Act was "to amend the Mineral
Resources Development Act 1990 and the Extractive Industries
Development Act 1995 and for other purposes."