Mineral Resources Development (Sustainable Development) Act 2006 (Vic)

Mineral Resources Development (Sustainable Development) Act 2006

Act No. 63/2006

TABLE OF PROVISIONS

Section  Page

PART 1—PRELIMINARY

1.Purposes

2.Commencement

3.Principal Act

PART 2—AMENDMENTS TO THE MINERAL RESOURCES DEVELOPMENT ACT 1990

4.Change of title

5.New section 2A inserted

2A.Principles of sustainable development

6.Definitions

7.Division 1 of Part 2

8.Division 2 of Part 2 and new section 14AB

Division 2—Licence process

14AB.Application of this Division

9.Application for a licence

10.Notice of applications with priority

11.Grant or refusal of licence

12.New Division 3 of Part 2 inserted

Division 3—Licence process for direct allocation of licences relating to coal

Subdivision 1—General

26AA.Definition

26AB.Licence applications under Division to be in respect of exempted land

Subdivision 2—Licences granted by the Minister

26AC.Who may apply for a licence under this Subdivision?

26AD.Application procedure

26AE.Application of Act to licence application

26AF.Grant or refusal of licence

26AG.Revocation of exemption over licence land

26AH.Minister must publish notice

26AI.Application of Act to licence

Subdivision 3—Licences granted by the Governor in
Council

26AJ.Application procedure

26AK.Notification and advertising requirements

26AL.Application of Act to licence application

26AM.Grant or refusal of licence

26AN.Minister must publish reasons for refusal to grant
licence

26AO.Revocation of exemption over licence land

26AP.Minister must publish notice

26AQ.Application of Act to licence

13.Division 4 of Part 2

14.Update of references to Australian Property Institute

15.New Division 5 of Part 2 inserted

Division 5—Tenders for licences

27.Tendering process

27A.Acceptance of tender

27B.Advertising and notice requirements

27C.Consultation and notification requirements

27D.Application of provisions to tenders

27E.Minister may not accept any tenders

16.Repeal of section 28

17.Division 6 of Part 2

18.Application for renewal of licence

19.Division 7 of Part 2

20.Variation of licence

21.Amalgamation of licences

22.Division 8 of Part 2

23.Cancellation of licence

24.Work must be approved

25.New section 39A inserted

39A.Licensee's duty to consult with community

26.Work plan

27.Variation of work plan on application of a licensee

28.Department Head may direct variation of work plan

29.Minister may require impact statement

30.Commencement of work under mining licence

31.Commencement of work under exploration licence

32.Particular consents etc. required

33.Protection of buildings and sites

34.New section 45A inserted

45A.Certain exploration and mining work complies with section 45

35.Minister may limit protection

36.New section 47 inserted

47.New consent or authorisation for certain work plan variations

37.New Part 4A inserted

PART 4A—ADVISORY PANELS

Division 1—Appointment of panels

54A.Appointment of advisory panels

54B.Composition of panel

54C.Chairperson

54D.Terms of reference

54E.Terms and conditions of appointment

Division 2—Procedure of panels

54F.Procedure of panel

54G.Directions about hearings

54H.Hearings to be in public

54I.Procedure for hearing submissions

54J.Adjournment of hearings

54K.Panel may regulate its own proceedings

54L.Panel may take into account any relevant matter

54M.Report of panel

38.Functions of Department Head

39.Disclosure of registered information

40.New section 77A inserted

77A.Definition

41.New section 79A inserted

79A.Rehabilitation liability assessment

42.Rehabilitation bond

43.Rehabilitation

44.New section 81A inserted

81A.Certification that land has been rehabilitated

45.New Part 8A inserted

PART 8A—CODES OF PRACTICE

89A.Power to make Codes of Practice

89B.     Variation and revocation of Code of Practice

89C.Advertising of draft Code of Practice, variation or revocation

89D.Consideration of submissions

89E.     How is a Code of Practice made?

89F.Availability of Code of Practice

89G.Breach of Code of Practice not an offence

89H.Use of Code of Practice in proceedings

46.Division 1 of Part 9

47.Delegation

48.New section 92 substituted

92.Identity cards

49.New Divisions 2 to 11 inserted and substituted for section 93

Division 2—Performance of functions or exercise of powers

93.Inspectors subject to Department Head's directions

Division 3—Powers relating to entry

94.Power to enter

95.General powers on entry

95A.Power to require production of documents etc.

95B.Power to take samples

Division 4—Procedure relating to entry

95C.Announcement on entry

95D.Report to be given about entry

Division 5—Search warrants

95E.Definition

95F.Issue of search warrants

95G.Announcement before entry on warrant

95H.Copy of warrant to be given to occupier

Division 6—Limitation on entry powers

95I.Places used for residential purposes

Division 7—Return and forfeiture of seized things

95J.Return of seized things

95K.Forfeiture of seized things

Division 8—Other powers

95L.Power to require name and address

95M.Power to give directions

Division 9—Other matters

95N.Occupier must assist inspector

95O.Other assistance in exercising powers

95P.Inspector may take affidavits

95Q.Inspector may copy documents

Division 10—Offences

95R.Offences in relation to inspections

Division 11—Protection of privileges

95S.Protection against self-incrimination

95T.Legal professional privilege not affected

50.New section 105 inserted

105.Annual report

51.Order to cease work

52.New section 110A inserted

110A.Enforcement order

53.New section 120A inserted

120A.Ministerial guidelines

54.Regulations

55.New sections 133 and 134 inserted

133.Validation of certain exploration and mining work—2006 amendments

134.Change of title provision—2006 amendments

56.New section 135 inserted

135.Transitional provision—2006 amendments

57.Amendment of Schedule 1

58.Amendment of Schedule 3

PART 3—AMENDMENTS TO OTHER ACTS

Division 1—Amendments to the Environment Protection Act 1970

59.Appointment of environmental auditor

60.Offences

Division 2—Amendments to Other Acts

61.Consequential amendments

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SCHEDULE—Consequential Amendments to Other Acts

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ENDNOTES

Mineral Resources Development (Sustainable Development) Act 2006

[Assented to 29 August 2006]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1.Purposes

The main purposes of this Act are—

(a)to amend the Mineral Resources Development Act 1990—

(i)to rename that Act; and

(ii)to provide for exploration or mining work in prohibited areas; and

(iii)to require licensees to carry out community consultation; and

(iv)to require licensees to offset the environmental impact of exploration or mining work; and

(v)to provide further for the rehabilitation of land affected by exploration or mining work; and

(vi)to provide for the direct allocation of licences relating to coal; and

(vii)to include sustainable development principles; and

(viii)to provide for the appointment of panels to advise the Minister; and

(ix)to provide for the making of codes of practice; and

(x)to provide for further inspection powers; and

(xi)to make other amendments to that Act to improve its efficiency and operation; and

(b)to make consequential amendments to the Environment Protection Act 1970 and to other Acts.

2.Commencement

(1)This Act (except sections 6(2), 26(2), 27(4), 28 and 56) comes into operation on the day after the day that it receives the Royal Assent.

(2)Subject to sub-section (3), sections 6(2), 26(2), 27(4), 28 and 56 come into operation on a day or days to be proclaimed.

(3)If a provision referred to in sub-section (2) does not come into operation before 1 October 2007, it comes into operation on that day.

3.Principal Act

In this Act, the Mineral Resources Development Act 1990 is called the Principal Act.

__________________

PART 2—AMENDMENTS TO THE MINERAL RESOURCES DEVELOPMENT ACT 1990

4.Change of title

In the title of the Principal Act, for "Development" substitute "(Sustainable Development)".

5.New section 2A inserted

After section 2 of the Principal Act insert—

"2A.Principles of sustainable development

(1)It is the intention of Parliament that in the administration of this Act regard should be given to the principles of sustainable development.

(2)For the purposes of this Act, the principles of sustainable development are—

(a)community wellbeing and welfare should be enhanced by following a path of economic development that safeguards the welfare of future generations;

(b)there should be equity within and between generations;

(c)biological diversity should be protected and ecological integrity maintained;

(d)there should be recognition of the need to develop a strong, growing, diversified and internationally competitive economy that can enhance the capacity for environment protection;

(e)measures to be adopted should be cost effective and flexible, not disproportionate to the issues being addressed, including improved valuation, pricing and incentive mechanisms;

(f)both long and short term economic, environmental, social and equity considerations should be effectively integrated into decision-making;

(g)if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation and decision-making should be guided by—

(i)a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and

(ii)an assessment of the risk-weighted consequences of various options;

(h)development should make a positive contribution to regional development and respect the aspirations of the community and of Indigenous peoples;

(i)decisions and actions should provide for community involvement in issues that affect them.".

6.Definitions

(1)In section 4(1) of the Principal Act—

(a)in the definition of "owner", for paragraph (a) substitute—

"(a)in relation to Crown land, means the Crown land Minister; and";

(b)in the definition of "worksite" after "tourist mine authority" insert "or where rehabilitation work is being done, or required to be done, under Part 7";

(c)insert the following definitions—

' "Code of Practice" means a Code of Practice made under Part 8A as amended and in force for the time being;

"Crown land Minister" in relation to Crown land, means the Minister responsible for administering the Act under which the land is controlled or managed;

"rehabilitation bond" means a rehabilitation bond referred to in section 80;

"rehabilitation plan" means a rehabilitation plan referred to in section 79;'.

(2)In section 4(1) of the Principal Act insert the following definition—

' "community engagement plan" has the meaning set out in section 40(3)(b)(ii);'.

(3)Section 4(3) of the Principal Act is repealed.

7.Division 1 of Part 2

Before section 13 of the Principal Act insert the following heading—

"Division 1—General licence provisions".

8.Division 2 of Part 2 and new section 14AB

After section 14A of the Principal Act insert—

"Division 2—Licence process

14AB.Application of this Division

The provisions in this Division do not apply to a licence for which an application may be made under Division 3 unless specifically applied under Division 3.".

9.Application for a licence

In section 15 of the Principal Act—

(a)sub-section (1A)(g) is repealed;

(b)in sub-section (5A), for "Ministers administering the Crown Land (Reserves) Act 1978 and the Forests Act 1958 in relation to the carrying out of work on that land and those Ministers" substitute "Crown land Minister in relation to the carrying out of work on that land and the Crown land Minister".

10.Notice of applications with priority

(1)Insert the following heading to section 18 of the Principal Act—

"Notice of applications with priority".

(2)In section 18 of the Principal Act—

(a)in paragraph (b), for "Commonwealth." substitute "Commonwealth; and";

(b)after paragraph (b) insert—

"(c)if the application is for a mining licence, the Executive Director (within the meaning of the Heritage Act 1995).".

11.Grant or refusal of licence

(1)In section 25(1)(g) of the Principal Act, for "applicant is" substitute "licence is granted to".

(2)In section 26(2) of the Principal Act—

(a)after paragraph (c) insert—

"(d)providing and implementing environmental offsets on the land or any other land;";

(b)in paragraph (j), for "stratum." substitute "stratum;";

(c)after paragraph (j) insert—

"(k)protection of community facilities.".

(3)After section 26(8) of the Principal Act insert—

"(9)On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, covered by an exploration licence ceases to be covered by that exploration licence.".

12.New Division 3 of Part 2 inserted

After section 26 of the Principal Act insert—

'Division 3—Licence process for direct allocation of licences relating to coal

Subdivision 1—General

26AA.Definition

In this Division, "exempted land" means land—

(a)that has been exempted under section 7 from being subject to an exploration licence or a mining licence or both; and

(b)that is not subject to an exemption under section 6.

26AB.Licence applications under Division to be in respect of exempted land

An application for a licence under this Division may only be made in respect of exempted land.

Subdivision 2—Licences granted by the Minister

26AC.Who may apply for a licence under this Subdivision?

A person may apply for a licence under this Subdivision only if the Minister is satisfied that—

(a)the person was a successful tenderer under a prior competitive process equivalent to the tender process under section 27; and

(b)in order to implement the requirements of the tender, the person requires access to coal.

26AD.Application procedure

(1)A person may apply to the Minister in accordance with the regulations for a licence to carry out the exploration or mining of coal on exempted land.

(2)Sections 15(1C), 15(2), 15(6), 15(7) and 15(8) apply to an application under this Subdivision as if the application were made under Division 2.

(3)If the Minister accepts an application, he or she must notify the applicant in writing that the application has been accepted.

(4)An applicant for a licence must, within 14 days after being notified under sub-section (3) that the application has been accepted—

(a)advertise the application in accordance with the regulations; and

(b)if the application is for a mining licence, give notice of it in accordance with the regulations to the owner and occupier of the land affected.

(5)The Minister must, as soon as practicable after an applicant for a licence covering unrestricted Crown land is notified under sub-section (3) that the application has been accepted, consult with the Crown land Minister in relation to the carrying out of work on that land and the Crown land Minister may recommend to the Minister conditions to which the licence should be made subject.

(6)Until regulations are made for the purposes of sub-sections (1) and (4), the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications).

26AE.Application of Act to licence application

(1)Sections 17, 19 and 24 apply to an application under this Subdivision as if the application were made under Division 2.

(2)The Department Head must, within 14 days after an applicant for a licence is notified under section 26AD(3) that the application has been accepted, give notice of the application to the persons and bodies referred to in section 18.

26AF.Grant or refusal of licence

(1)The Minister must not grant a licence over land—

(a)that is exempted under section 6 of this Act or under any other Act from being subject to—

(i)an exploration licence, if the application is for an exploration licence; or

(ii)a mining licence, if the application is for a mining licence; or

(b)that is subject to a current minerals exemption; or

(c)that is limited to a particular stratum unless the Minister is satisfied that the applicant can obtain reasonable access to and use of the land.

(2)Otherwise, the Minister may grant or refuse a licence after considering any objections made under section 24 as applied by section 26AE.

(3)Sections 25(3), 25(4) and 25(7) apply to the granting of a licence under this Subdivision as if the decision to grant or refuse to grant the licence were made under Division 2.

(4)Sections 26(1), 26(2), 26(4), 26(4A) and 26(8) apply to a licence granted under this Subdivision as if the licence were granted under Division 2.

26AG.Revocation of exemption over licence land

On the granting of a licence under this Subdivision the exemption to which the area of land covered by the licence is subject under section 7(1) is revoked to the extent that it relates to that land.

26AH.Minister must publish notice

The Minister must cause a notice to be published in the Government Gazette—

(a)stating that a licence under this Subdivision has been granted; and

(b)describing the area of land covered by the licence; and

(c)stating that the exemption relating to the area of land covered by the licence is revoked to the extent that it relates to that land.

26AI.Application of Act to licence

(1)On the granting of a licence under this Subdivision, this Act (except Divisions 2 and 5 of this Part) applies to the licence as if it were granted by the Minister under Division 2.

(2)Without limiting sub-section (1), the following things may be done under this Part in relation to the licence—

(a)the licence may be renewed, transferred, varied, surrendered, cancelled or amalgamated with another licence;

(b)a condition of the licence may be varied, suspended, revoked or added;

(c)the area of land covered by the licence may be excised, transferred or cancelled in part.

Subdivision 3—Licences granted by the Governor in Council

26AJ.Application procedure

(1)A person may apply in accordance with the regulations for the Governor in Council to grant a licence to carry out the exploration or mining of coal on exempted land on the basis that the application is of State interest.

(2)The application must be made to the Minister and be accompanied by evidence setting out the grounds for the application to be considered as one of State interest.

(3)An application for a licence is ineffective, and must not be accepted by the Minister unless it is made in accordance with the regulations and sub-section (2).

(4)Sections 15(2), 15(6), 15(7) and 15(8) apply to an application under this Subdivision as if the application were made under Division 2.

26AK.Notification and advertising requirements

(1)If the Minister is not satisfied that the application is of State interest he or she must notify the applicant in writing of that fact setting out the reasons for not being so satisfied.

(2)If the Minister is satisfied that the application is of State interest, he or she must notify the applicant in writing that the application is of State interest.

(3)An applicant for a licence must, within 14 days after being notified under sub-section (2) that the application is of State interest—

(a)advertise the application in accordance with the regulations; and

(b)if the application is for a mining licence, give notice of it in accordance with the regulations to the owner and occupier of the land affected.

(4)The Minister must, as soon as practicable after an applicant for a licence covering unrestricted Crown land is notified under sub-section (2) that the application is of State interest, consult with the Crown land Minister in relation to the carrying out of work on that land and the Crown land Minister may recommend to the Minister conditions to which the licence should be made subject.

(5)Until regulations are made for the purposes of section 26AJ(1) and sub-section (3), the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications).

26AL.Application of Act to licence application

(1)Sections 17, 19 and 24 apply to an application under this Subdivision as if the application were made under Division 2.

(2)The Department Head must, within 14 days after an applicant for a licence is notified under section 26AK(2) that the application is of State interest, give notice of the application to the persons and bodies referred to in section 18.

26AM.Grant or refusal of licence

(1)The Governor in Council must not grant a licence over land—

(a)that is exempted under section 6 of this Act or under any other Act from being subject to—

(i)an exploration licence, if the application is for an exploration licence; or

(ii)a mining licence, if the application is for a mining licence; or

(b)that is subject to a current minerals exemption; or

(c)that is limited to a particular stratum unless the Governor in Council, on the recommendation of the Minister, is satisfied that the applicant can obtain reasonable access to and use of the land.

(2)Otherwise, the Governor in Council on the recommendation of the Minister may—

(a)grant a licence under this section to an applicant to carry out the exploration or mining of coal on exempted land; or

(b)refuse to grant that licence.

(3)The Minister must not make a recommendation under sub-section (2) unless the Minister has first considered any objections made under section 24 as applied by section 26AL(1).

(4)Sections 25(3), 25(4) and 25(7) apply to the granting or refusal of the granting of a licence under this Subdivision as if—

(a)the decision to grant or refuse to grant the licence were made under Division 2; and

(b)any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister.

(5)Sections 26(1), 26(2), 26(4), 26(4A) and 26(8) apply to a licence granted under this Subdivision as if—

(a)the licence were granted under Division 2; and

(b)any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister.

26AN.Minister must publish reasons for refusal to grant licence

If the Governor in Council, on the recommendation of the Minister, refuses to grant a licence under this Subdivision, the Minister must publish a notice setting out the reasons for the refusal in—

(a)the Government Gazette; and

(b)a newspaper circulating generally throughout the State.

26AO.Revocation of exemption over licence land

On the granting of a licence under this Subdivision the exemption to which the area of land covered by the licence is subject under section 7(1) is revoked to the extent that it relates to that land.

26AP.Minister must publish notice

(1)The Minister must cause a notice to be published in the Government Gazette—

(a)stating that a licence under this Subdivision has been granted; and

(b)stating the reasons for granting the licence; and

(c)describing the area of land covered by the licence; and

(d)stating that the exemption relating to the area of land covered by the licence is revoked to the extent that it relates to that land.

(2)The Minister must also cause a notice setting out the reasons for granting the licence to be published in a newspaper circulating generally throughout the State.

26AQ.Application of Act to licence

(1)On the granting of a licence under this Subdivision, this Act (except Divisions 2 and 5 of this Part) applies to the licence as if it were granted by the Minister under Division 2.

(2)Without limiting sub-section (1), the following things may be done under this Part in relation to the licence—

(a)the licence may be renewed, transferred, varied, surrendered, cancelled or amalgamated with another licence;

(b)a condition of the licence may be varied, suspended, revoked or added;

(c)the area of land covered by the licence may be excised, transferred or cancelled in part.'.

13.Division 4 of Part 2

Before section 26A of the Principal Act insert the following heading—

"Division 4—Requirements if agricultural land covered by mining licence".

14.Update of references to Australian Property Institute

In sections 26C(1)(c), 26D(1) and 26D(5) of the Principal Act, for "Australian Institute of Valuers and Land Economists" substitute "Australian Property Institute".

15.New Division 5 of Part 2 inserted

For section 27 of the Principal Act substitute—

'Division 5—Tenders for licences

27.Tendering process

(1)The Minister may invite tenders for a licence over land that is not the subject of a licence or an application for a licence.

(2)A tender for a licence is ineffective if it does not contain the information required by the regulations for the purposes of this section.

(3)A tender for a licence may be over land that has been exempted under section 7 from being subject to an exploration licence or a mining licence, or both.

27A.Acceptance of tender

(1)If the Minister accepts a tender, he or she must notify the successful tenderer in writing that the tender has been accepted.

(2)On the Minister accepting a tender for a licence that covers an area of land all or part of which is subject to an exemption under section 7(1)—

(a)the exemption is revoked to the extent that it relates to the area of land; and

(b)the Minister must cause a notice to be published in the Government Gazette—

(i)stating that the tender has been accepted; and

(ii)describing the area of land subject to the exemption; and

(iii)stating that the exemption relating to the area of land is revoked to the extent that it relates to that land.

27B.Advertising and notice requirements

(1)A successful tenderer, within 14 days after being notified under section 27A(1) that the tender has been accepted, must—

(a)advertise the acceptance of the tender in accordance with the regulations; and

(b)if the tender is for a mining licence, give notice of the acceptance of the tender in accordance with the regulations to the owner and occupier of the land to be affected by the licence.

(2)Until regulations are made for the purposes of sub-section (1) the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications).

27C.Consultation and notification requirements

(1)The Minister must, as soon as practicable after a successful tenderer for a licence covering unrestricted Crown land is notified under section 27A(1) that the tender has been accepted, consult with the Crown land Minister in relation to the carrying out of work on that land and that Minister may recommend to the Minister conditions to which the licence should be made subject.

(2)The Department Head must, within 14 days after a successful tenderer is notified under section 27A(1) that the tender has been accepted, give notice of the acceptance of the tender to the persons and bodies referred to in section 18.

27D.Application of provisions to tenders

(1)The application process under Division 2 does not apply to a tender under this Division except as provided in this section.

(2)Sections 24, 25, 25A and 26 apply to a tender for a licence as if the successful tenderer were an applicant for the licence.

(3)Without limiting sub-section (2), the Minister must not grant a licence to a person who has submitted a tender unless the Minister is satisfied that the person meets the requirements listed in section 15(6).

27E.Minister may not accept any tenders

(1)The Minister may decide not to accept any tenders for a licence over land that are submitted in response to an invitation under this Division.

(2)If the Minister decides not to accept any tender, he or she may invite further tenders or decide not to call for any more tenders in relation to that land.

(3)If the Minister decides not to call for any more tenders in relation to that land, he or she must—

(a)notify the unsuccessful tenderers that further tenders will not be invited; and

(b)unless the land has been exempted under section 7 from being subject to an exploration licence or a mining licence, or both, declare by notice published in the Government Gazette that the land is available for applications for licences.'.

16.Repeal of section 28

Section 28 of the Principal Act is repealed.

17.Division 6 of Part 2

Before section 29 of the Principal Act insert the following heading—

"Division 6—Renewals of licences".

18.Application for renewal of licence

(1)For section 29(1) of the Principal Act substitute—

"(1)A licensee may, before a licence expires, apply in accordance with the regulations to the Minister for renewal of the licence.".

(2)In section 29(2) of the Principal Act omit "(whether within the time limit specified in sub-section (1) or not)".

19.Division 7 of Part 2

After section 32 of the Principal Act insert the following heading—

"Division 7—Changes to licences".

20.Variation of licence

(1)Section 34(1A) of the Principal Act is repealed.

(2)In section 34(2) of the Principal Act—

(a)after paragraph (b) insert—

"(ba)if the Minister decides it is necessary to ensure that appropriate environmental offsets are provided for or implemented; or";

(b)for paragraph (c) substitute—

"(c)if the Minister decides it is necessary for the protection of a community facility; or";

(c)in paragraph (cb), for "section 40(4)(a)" substitute "section 40(6) or 41(5)".

(3)Section 34(2A) of the Principal Act is repealed.

21.Amalgamation of licences

After section 36(4) of the Principal Act insert—

"(4A)On an amalgamation of licences coming into effect the term of the licence nominated under sub-section (2) is to be the term of whichever of the amalgamated licences is to expire first.".

22.Division 8 of Part 2

After section 36A of the Principal Act insert the following heading—

"Division 8—Surrender and cancellation of licences".

23.Cancellation of licence

(1)In section 38(1)(b)(i)(B) of the Principal Act, after "licence" insert "or the work plan".

(2)Section 38(2) of the Principal Act is repealed.

24.Work must be approved

(1)After section 39(1)(a) of the Principal Act insert—

"(ab)in accordance with the approved work plan; or".

(2)In section 39(4)(b) of the Principal Act, for "43(1)(b) to (e)" substitute "43(1)(c), (cb) and (e)".

25.New section 39A inserted

After section 39 of the Principal Act insert—

"39A.Licensee's duty to consult with community

A licensee has a duty to consult with the community throughout the period of the licence by—

(a)sharing with the community information about any activities authorised by the licence that may affect the community; and

(b)giving members of the community a reasonable opportunity to express their views about those activities. ".

26.Work plan

(1)For section 40(2A) of the Principal Act substitute—

"(2A)In the case of a mining licence, if any part of the land relating to the work plan is Crown land, the Department Head must without delay lodge a copy of the work plan with the Crown land Minister.

(2B)Sub-section (2A) does not apply if the only work set out in the work plan that is proposed to be done on the Crown land is exploration work.".

(2)For section 40(3) of the Principal Act substitute—

'(3)A work plan must contain—

(a)the prescribed information; and

(b)if the licence is a mining licence—

(i)a rehabilitation plan for the area of land covered by the licence; and

(ii)in relation to the mining activities proposed to be carried out under the licence, a plan for consulting with the community prepared in accordance with the regulations and any guidelines issued by the Minister relating to such plans (a "community engagement plan").'.

(3)For section 40(3A) of the Principal Act substitute—

"(3A)Within 28 days after a copy of the work plan is lodged with the Crown land Minister, or any longer period allowed by the Minister, the Crown land Minister—

(a)must give comments to the Minister on the rehabilitation plan included in the work plan; and

(b)may recommend changes to be made to the work plan before it is approved or conditions to which an approval should be made subject.".

(4)For section 40(4)(e) of the Principal Act substitute—

"(e)the Crown land Minister giving the Minister comments under section 40(3A);".

27.Variation of work plan on application of a licensee

(1)After section 41(2) of the Principal Act insert—

"(2A)In the case of a mining licence, if any part of the land relating to the variation of the work plan is Crown land, the Department Head must without delay lodge a copy of the variation to the work plan with the Crown land Minister.

(2B)Sub-section (2A) does not apply if the only work set out in the work plan that is proposed to be done on the Crown land is exploration work.

(2C)Within 28 days after the variation of the work plan is lodged with the Crown land Minister, or any longer period allowed by the Minister, the Crown land Minister—

(a)must give comments to the Minister on the rehabilitation plan included in the work plan if affected by the variation; and

(b)may recommend changes to be made to the variation before it is approved or conditions to which an approval should be made subject.".

(2)For section 41(3)(e) of the Principal Act substitute—

"(e)the Crown land Minister giving the Minister comments under sub-section (2C);".

(3)After section 41(5) of the Principal Act insert—

"(5A)The conditions specified under sub-section (5) may include any of the matters set out in section 26(2).".

(4)After section 41(8) of the Principal Act insert—

"(9)If an application to vary the work plan consists solely of the inclusion of a community engagement plan in the work plan—

(a)the Department Head must give the licensee a written notice approving, or refusing to approve, or asking for changes to, the variation of a work plan within 30 days of receiving the application; and

(b)sub-sections (2A), (2B), (2C), (3), (4), (6) and (7) do not apply in respect of the variation.".

28.Department Head may direct variation of work plan

In section 41AA(5) of the Principal Act, for "41(2) to (8)" substitute "41(2) to (9)".

29.Minister may require impact statement

(1)For section 41A(1) of the Principal Act substitute—

"(1)If the Minister is of the opinion that the proposed exploration work under a work plan or an application to vary an approved work plan lodged with the Department Head by a licensee will have a material impact on the environment, he or she may, in writing, require the licensee to submit a statement, in the form specified by the Minister, assessing the impact of the proposed work on the environment.".

(2)For section 41A(2) of the Principal Act substitute—

"(2)The Minister must, on receipt of the statement, forward a copy to—

(a)the Minister administering the Planning and Environment Act 1987; and

(b)if the proposed work relates to Crown land, the Crown land Minister—

and request comments on it by the date specified by the Minister.

(3)After section 41A(3) of the Principal Act insert—

"(4)The Minister may seek public comments on the statement by a specified date and must consider any comments received by that date.".

30.Commencement of work under mining licence

(1)After section 42(2)(a)(iii) of the Principal Act insert—

"(iv)has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and

(v)has obtained the insurance required under section 39(5); and".

(2)After section 42(2)(a) of the Principal Act insert—

"(ab)any consent under section 45 or authorisation under section 46 has been registered; and".

(3)In sections 42(5)(a) and 42(7)(c) of the Principal Act for "Minister" substitute "Department Head".

31.Commencement of work under exploration licence

(1)In section 43(1) of the Principal Act—

(a)omit "(other than low impact exploration)";

(b)after paragraph (b) insert—

"(ba)the licensee has complied with any condition imposed by the Minister under section 26(2)(d) to provide an environmental offset; and";

(c)after paragraph (c) insert—

"(ca)any consent under section 45 or authorisation under section 46 has been registered; and

(cb)the licensee has obtained the insurance required under section 39(5); and".

(2)After section 43(1) of the Principal Act insert—

"(1A)Sub-sections (1)(a), (1)(b), (1)(ba), (1)(ca) and (1)(d) do not apply to low impact exploration.".

32.Particular consents etc. required

In section 44(1) of the Principal Act, for "Ministers administering the Crown Land (Reserves) Act 1978 and the Forests Act 1958" substitute "Crown land Minister".

33.Protection of buildings and sites

(1)Insert the following heading to section 45 of the Principal Act—

"Prohibition of work near dwellings and certain places and sites".

(2)In section 45(1)(a) of the Principal Act—

(a)after "dwelling house" insert "that existed before an approved work plan was registered in respect of the licence";

(b)sub-paragraphs (ii) to (x) are repealed;

(c)for sub-paragraph (xii) substitute—

"(xii)any archaeological relic registered under section 10(a) of the Archaeological and Aboriginal Relics Preservation Act 1972; or".

(3)For section 45(2) of the Principal Act substitute—

"(2)A licensee may, with the consent of the owners of the land on which a dwelling house is situated, do work within the area prohibited by sub-section (1)(a)(i) in relation to that dwelling house or within 100 metres below that area.

(3)A consent given by any owner of land under sub-section (2)—

(a)must be in writing and in the prescribed form (if any); and

(b)cannot be withdrawn by that owner or by any subsequent owner of the land; and

(c)binds all subsequent owners and occupiers of the land.".

(4)In section 45(4A) of the Principal Act, for "Heritage Council" substitute "Executive Director (within the meaning of the Heritage Act 1995)".

(5)For section 45(5) of the Principal Act substitute—

"(5)An owner who consents under sub-section (2), or a person or a body that consents under sub-section (4), (4A) or (4B), may make the consent conditional on the following matters only—

(a)specified distance restrictions;

(b)specified depth restrictions.".

(6)After section 45(6) of the Principal Act insert—

'(7)In this section—

"dwelling house" means a building that is used primarily, or is intended, adapted or designed to be used primarily, as a residence, (including kitchen, bathroom and sanitary facilities) for an occupier who has a right to the exclusive use of it and includes a building that may, in addition to its primary residential use, be used for small-scale commercial activities;

"work" means any of the following activities—

(a)any excavation for the purposes of mining or bulk sampling of ore;

(b)any excavation for the purposes of exploration using mechanised equipment;

(c)any construction or use of any opening, excavation, structure or equipment for access to, or ventilation of, underground workings;

(d)any treatment, extraction, handling or processing of minerals using plant or equipment (other than hand-operated equipment);

(e)any construction or use of roads for the haulage of ore, waste rock or overburden;

(f)the bulk storage of ore, waste rock or overburden;

(g)any construction or use of dams for the storage of tailings, process water or groundwater;

(h)any construction or use of other facilities for the treatment, handling or storage of tailings or other wastes;

(i)any drilling (unless carried out with hand-held equipment);

(j)any other activity specified in the regulations—

but does not include the carrying out of low impact exploration.

(8)For the purposes of sub-section (1)(a)(i) the distance of 100 metres is to be measured from—

(a)the boundary of the allotment on which the dwelling house is situated if the area of the allotment is 0×4 hectares or less; or

(b)in any other case, a distance of 25 metres from the outer edge of any eave forming part of the dwelling house.'.

34.New section 45A inserted

After section 45 of the Principal Act insert—

'45A.Certain exploration and mining work complies with section 45

(1)A licensee who does any work under the licence within an area of land prohibited by section 45(1)(a)(i) or within 100 metres below that area complies with section 45 in respect of that work if—

(a)at the commencement date—

(i)an approved work plan, and, in the case of a mining licence, a work authority, was registered in respect of the licence; and

(ii)the approved work plan provided for that work to be done under the licence; and

(b)the approved work plan and, in the case of a mining licence the work authority, is still registered at the time that work is done; and

(c)that work is done in accordance with the approved work plan as in effect at the commencement date.

(2)In this section—

"commencement date" means the date of commencement of section 34 of the Mineral Resources Development (Sustainable Development) Act 2006;

"work" has the same meaning as it has in section 45(7).'.

35.Minister may limit protection

(1)Insert the following heading to section 46 of the Principal Act—

"Minister may authorise work near dwelling house".

(2)In section 46(1) of the Principal Act omit "to (x)".

(3)After section 46(3) of the Principal Act insert—

'(4)In this section "work" has the same meaning as it has in section 45(7).'.

36.New section 47 inserted

After section 46 of the Principal Act insert—

'47.New consent or authorisation for certain work plan variations

(1)A licensee must obtain a consent under section 45 ("a new consent") to do mining work ("the new work") that is proposed by a variation to an approved work plan under section 41 or 41AA if—

(a)the new work affects all or part of any mining work within an area of land prohibited by section 45(1), being mining work—

(i)for which a consent under section 45 or an authorisation under section 46 is held by the licensee; or

(ii)that is permitted to be done under section 45A; and

(b)if the mining work affected by the new work is within an area of land prohibited by section 45(1)(a)(i), (xi) or (xii) or within 100 metres below that area, a permit is required to be obtained under a planning scheme for the new work; and

(c)if the mining work affected by the new work is within an area of land prohibited by section 45(1)(a)(xiii) or within 100 metres below that area—

(i)a permit is required to be obtained under a planning scheme for the new work; or

(ii)the new work is excepted under section 42(7) or 42A from the requirement to obtain such a permit.

(2)The Department Head must direct a licensee to obtain consent under section 45 (a "new consent") to do exploration work ("the new work") that is proposed by a variation to an approved work plan under section 41 or 41AA if—

(a)the new work affects all or part of any exploration work within an area of land prohibited by section 45(1) being exploration work—

(i)for which a consent under section 45 or an authorisation under section 46 is held by the licensee; or

(ii)that is permitted to be done under section 45A; and

(b)the Department Head considers that the new work will result in significant changes to that exploration work.

(3)In this section "work" has the same meaning as it has in section 45(7).

(4)This section applies despite section 45A.'.

37.New Part 4A inserted

After Part 4 of the Principal Act insert—

"PART 4A—ADVISORY PANELS

Division 1—Appointment of panels

54A.Appointment of advisory panels

The Minister may appoint a panel to consider and advise on any matter relating to exploration, mining, or the administration of this Act, referred to the panel by the Minister.

54B.Composition of panel

(1)A panel may consist of one or more persons.

(2)In appointing a person to be a member of a panel, the Minister must be satisfied that the person has appropriate knowledge, skills or experience.

54C.Chairperson

If a panel consists of more than one member, the Minister must appoint one of the members to be the chairperson.

54D.Terms of reference

On appointing a panel, the Minister must specify the terms of reference of the panel.

54E.Terms and conditions of appointment

(1)A member of a panel is appointed for the term that is specified in the instrument of his or her appointment.

(2)A member of a panel, other than a member who is employed by or on behalf of the Crown, is entitled to receive any fees and allowances fixed by the Minister in the instrument of his or her appointment.

Division 2—Procedure of panels

54F.Procedure of panel

(1)A panel may call for and consider written submissions from any persons having an interest in the matter referred to it.

(2)A panel may hold a public hearing.

(3)If a panel holds a public hearing, it must give a reasonable opportunity to be heard by it to any person who has stated in a written submission that the person wishes to be heard with respect to that submission.

54G.Directions about hearings

(1)A panel may give directions about—

(a)the times and places of hearings; and

(b)matters preliminary to hearings; and

(c)the conduct of hearings.

(2)A panel may refuse to hear any person who fails to comply with a direction of the panel.

54H.Hearings to be in public

A panel must conduct its hearings in public unless any person making a submission objects to making the submission in public and the panel is satisfied that the submission is confidential in nature.

54I.Procedure for hearing submissions

(1)A person who has a right to be heard by a panel may—

(a)appear and be heard in person or be represented by any other person; and

(b)give submissions to a panel orally or in writing or partly orally and partly in writing.

(2)A panel may report and make recommendations on a submission without hearing the person who made the submission if the person is not present or represented at the time and place appointed for the hearing of the submission.

(3)A panel may consider 2 or more submissions together if the submissions concern the same or a related matter.

54J.Adjournment of hearings

A panel may from time to time adjourn a hearing to any times and places and for any purposes it thinks necessary or just in the circumstances.

54K.Panel may regulate its own proceedings

A panel may regulate its own proceedings.

54L.Panel may take into account any relevant matter

A panel may take into account any matter it thinks relevant in making its report and recommendations.

54M.Report of panel

(1)After considering a matter, including conducting hearings and considering submissions under this Part, the panel—

(a)must report to the Minister on the matter; and

(b)may make recommendations in relation to the matter.

(2)The report of the panel and any recommendations must be forwarded to the Minister—

(a)if a period is specified in the instrument of appointment for the forwarding of the report and any recommendations, within that period; or

(b)in any other case, within 60 days after the appointment of the panel.".

38.Functions of Department Head

(1)Insert the following heading to section 69 of the Principal Act—

"Functions of Department Head regarding mining register".

(2)After section 69(1) of the Principal Act insert—

"(1A)The mining register may be kept in electronic form.".

(3)After section 69(2)(a)(iii) of the Principal Act insert—

"(iiia)consents given under section 45;

(iiib)authorisations given under section 46;".

39.Disclosure of registered information

After section 74(1)(c) of the Principal Act insert—

"(ca)provide a copy of a registered consent given under section 45; and

(cb)provide a copy of a registered authorisation given under section 46; and".

40.New section 77A inserted

In Part 7 of the Principal Act before section 78 insert—

'77A.Definition

In this Part "auditor" means an environmental auditor appointed under section 53S of the Environment Protection Act 1970.'.

41.New section 79A inserted

After section 79 of the Principal Act insert—

'79A.Rehabilitation liability assessment

(1)The Minister may require a licensee to undertake an assessment of the licensee's rehabilitation liability under section 78 (a "rehabilitation liability assessment") for the purpose of determining the amount of a rehabilitation bond or reviewing the amount of a rehabilitation bond entered into or to be entered into by the licensee.

(2)A rehabilitation liability assessment must—

(a)be undertaken in a manner and form determined by the Minister; and

(b)take into account works required to be undertaken to rehabilitate the land in accordance with the requirements of section 78.

(3)The Minister may require a licensee to engage an auditor to certify that a rehabilitation liability assessment has been prepared in accordance with sub-section (2) and that it is accurate.

(4)An auditor who has given a certification under sub-section (3) must forward a copy of the certificate to the Minister within 21 days after giving that certification.'.

42.Rehabilitation bond

For section 80(2) of the Principal Act substitute—

"(2)If land covered by a mining licence is private land, the Minister must, before determining the amount of a rehabilitation bond, consult with—

(a)the council in whose municipal district the land is situated; and

(b)the owner of the land.".

43.Rehabilitation

At the end of section 81 of the Principal Act insert—

"(2)If the rehabilitation has not been completed before the licence or renewed licence ceases to apply to the land the former licensee must complete it as expeditiously as possible.

(3)Section 47A continues to apply to the land while rehabilitation is completed as if the former licensee were still a licensee.".

44.New section 81A inserted

After section 81 of the Principal Act insert—

"81A.Certification that land has been rehabilitated

(1)The Minister may require that a licensee or a former licensee engage an auditor to certify that land has been rehabilitated as required by section 78 for the purpose of deciding whether to return any rehabilitation bond under section 82.

(2)An auditor who has given a certification under sub-section (1) must forward a copy of the certificate to the Minister within 21 days after giving that certification.".

45.New Part 8A inserted

After Part 8 of the Principal Act insert—

"PART 8A—CODES OF PRACTICE

89A.Power to make Codes of Practice

(1)The Minister, in accordance with this Part, may make Codes of Practice that—

(a)specify standards and procedures for the carrying out of any of the objectives or purposes of this Act or the regulations made under this Act; and

(b)provide practical guidance to persons on complying with their obligations under this Act or the regulations made under this Act.

(2)A Code of Practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(a)wholly or partially or as amended by the Code of Practice; or

(b)as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then; or

(c)as formulated, issued, prescribed or published from time to time.

89B.  Variation and revocation of Code of Practice

The Minister, in accordance with this Part, may vary or revoke a Code of Practice at any time.

89C.Advertising of draft Code of Practice, variation or revocation

(1)The Minister must give notice of—

(a)any draft Code of Practice which the Minister proposes to make;

(b)any variation of a Code of Practice which the Minister proposes to make;

(c)any revocation of a Code of Practice which the Minister proposes to make.

(2)A notice under sub-section (1) must—

(a)state where a copy of the draft Code of Practice, variation or revocation (as the case requires) may be obtained; and

(b)state that submissions may be made to the Minister within 28 days of the publication of the notice; and

(c)be published—

(i)in the Government Gazette; and

(ii)in a newspaper circulating generally throughout the State.

(3)Sub-section (1) does not apply to any proposed variation to a Code of Practice—

(a)to correct a clerical mistake; or

(b)to correct an error arising from an accidental slip or omission; or

(c)to update references.

89D.Consideration of submissions

The Minister must consider any submissions received by the Minister within the time specified in section 89C(2)(b).

89E.  How is a Code of Practice made?

(1)After the Minister has considered any submissions, the Minister may make the Code of Practice or the variation or revocation of the Code of Practice.

(2)On the making of a Code of Practice or a variation or revocation of a Code of Practice the Minister must cause to be published in the Government Gazette notice of—

(a)the making of the Code of Practice or the variation or revocation of the Code of Practice; and

(b)in the case of the making of the Code of Practice or any variation, the place where copies of the Code of Practice may be obtained.

(3)A Code of Practice or a variation or revocation of a Code of Practice takes effect on—

(a)the date that the notice under sub-section (2) is published in the Government Gazette; or

(b)any later date specified in the notice.

89F.Availability of Code of Practice

A Code of Practice and any documents incorporated in a Code of Practice must be made available for public inspection free of charge—

(a)at the principal office of the Department and major regional offices of the Department; or

(b)in electronic form published on the Department's Internet site.

89G.Breach of Code of Practice not an offence

A person is not liable to any civil or criminal proceedings only because the person has failed to observe any provision of a Code of Practice.

89H.Use of Code of Practice in proceedings

If in any proceeding under this Act it is alleged that a person contravened a provision of this Act in relation to which a Code of Practice was in effect at the time of the alleged contravention—

(a)the Code of Practice is admissible in evidence in that proceeding; and

(b)if the court is satisfied in relation to any matter which it is necessary for the prosecution to prove in order to establish the alleged contravention that—

(i)a provision of the Code of Practice is relevant to that matter; and

(ii)the person failed at any material time to observe that provision—

that matter must be taken as proved unless the court is satisfied that in respect of that matter the person complied with the provision of this Act otherwise than by way of observance of that provision of the Code of Practice.".

46.Division 1 of Part 9

After the heading to Part 9 of the Principal Act insert—

"Division 1—Employment of Inspectors".

47.Delegation

For section 91(b) of the Principal Act substitute—

"(b)delegate any power of an inspector to—

(i)any person employed under Part 3 of the Public Administration Act 2004; or

(ii)any employee of Parks Victoria established under the Parks Victoria Act 1998—".

48.New section 92 substituted

For section 92 of the Principal Act substitute—

"92.Identity cards

(1)The Department Head must issue an identity card to each inspector containing a photograph of the inspector and his or her signature.

(2)An inspector must produce his or her identity card for inspection if asked to do so when performing a function or exercising a power under this Act or the regulations.

(3)If a person to whom an identity card has been issued ceases to be an inspector, the person must return the identity card to the Department Head as soon as practicable.".

49.New Divisions 2 to 11 inserted and substituted for section 93

For section 93 of the Principal Act substitute—

'Division 2—Performance of functions or exercise of powers

93.Inspectors subject to Department Head's directions

(1)An inspector is subject to the Department Head's directions in the performance of his or her functions or in the exercise of his or her powers under this Act or the regulations.

(2)A direction under sub-section (1) may be of a general nature or may relate to a specified matter or specified class of matter.

Division 3—Powers relating to entry

94.Power to enter

(1)An inspector may enter a place that the inspector reasonably believes is a worksite at any time during working hours.

(2)However, an inspector may enter any place that the inspector reasonably believes is a worksite at any time if the inspector reasonably believes that there is an immediate risk to the environment arising from the conduct of an undertaking at the place.

95.General powers on entry

An inspector who enters a place under this Division may do any of the following—

(a)inspect, examine and make enquiries at the place;

(b)inspect and examine any thing (including a document) at the place;

(c)bring any equipment or materials to the place that may be required;

(d)seize any thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations;

(e)seize any thing at the place for further examination or testing but only if the inspector reasonably believes that the examination or testing is reasonably necessary and cannot be reasonably conducted on site;

(f)take photographs or measurements or make sketches or recordings;

(g)exercise any other power conferred on the inspector by this Act or the regulations;

(h)do any other thing that is reasonably necessary for the purpose of the inspector performing his or her functions or exercising his or her powers under this Act or the regulations.

Note:The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 95I).

95A.Power to require production of documents etc.

(1)An inspector who enters a place under this Division may—

(a)require a person to produce a document or part of a document located at the place that is in the person's possession or control; and

(b)examine that document or part; and

(c)require a person at the place to answer any questions put by the inspector.

(2)A person must not, without reasonable excuse, refuse or fail to comply with a requirement under sub‑section (1).

Penalty:In the case of a corporation, 300 penalty units;

In any other case 60 penalty units.

(3)Before requiring a person to produce a document or part of a document or to answer questions under sub-section (1), an inspector—

(a)must produce his or her identity card for inspection by the person and warn the person that a refusal or failure to comply with the requirement, without reasonable excuse, is an offence; and

(b)must inform the person that he or she may refuse or fail to answer any question if answering the question would tend to incriminate him or her.

(4)A person is not liable to be prosecuted for an offence against sub-section (2) if the inspector concerned failed to comply with sub-section (3).

Note 1:The powers conferred by this section are limited if all or part of the place is used only for residential purposes (see section 95I).

Note 2:This section does not affect legal professional privilege (see section 95T) or, in the case of a requirement to answer questions, the privilege against self-incrimination (see section 95S).

95B.Power to take samples

(1)An inspector who enters a place under this Division may take (without payment) samples of any thing at the place that may be required for analysis.

(2)If an inspector intends to take a sample, he or she must notify the occupier or apparent occupier for the time being of the place of his or her intention.

(3)Unless it is unsafe to do so, after taking the sample the inspector must—

(a)divide it into as many parts as are necessary and mark and seal or fasten up each part in a way that the nature of the sample allows; and

(b)if the occupier or apparent occupier requires the inspector to give them a part, give one part to that person; and

(c)keep one part for future comparison.

(4)If it is determined that the sample is to be analysed the inspector must submit another part to an analyst for that purpose.

Division 4—Procedure relating to entry

95C.Announcement on entry

(1)Immediately on entering a place under Division 3, an inspector must take all reasonable steps to notify the occupier or apparent occupier for the time being of the place of the entry and to produce his or her identity card for inspection by that person.

(2)However, an inspector is not required to notify, or produce his or her identity card for inspection by, a person if—

(a)to do so would defeat the purpose for which the place was entered or cause unreasonable delay; or

(b)the person is already aware that the inspector has entered the place or was notified in advance of when he or she would enter.

95D.Report to be given about entry

(1)An inspector who enters a place under Division 3 must give a report concerning the entry when, or as soon as practicable after, the inspector leaves the place to the occupier or apparent occupier for the time being of the place.

(2)The report must be in writing and include—

(a)the time of the entry and departure; and

(b)the purpose of the entry; and

(c)a description of things done while at the place; and

(d)a summary of the inspector's observations while at the place; and

(e)the procedure for contacting the Department Head and the inspector for further details of the entry; and

(f)the procedure for seeking review of any decision made by the inspector during the entry.

(3)If the inspector takes photographs or makes sketches or recordings under section 95(f), the report must also include a statement that—

(a)the photographs have been taken or sketches or recordings have been made; and

(b)they are or will be available for inspection at a specified place.

(4)A report under this section may be combined with a report given by the inspector under section 103 of the Occupational Health and Safety Act 2004 in respect of that place.

Division 5—Search warrants

95E.Definition

In this Division a "place" includes a worksite, premises and a vehicle.

95F.Issue of search warrants

(1)An inspector may apply to a magistrate for the issue of a search warrant in relation to a particular place if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations.

(2)A magistrate may issue the search warrant if he or she is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, a particular thing (including a document) at the place that may afford evidence of the commission of an offence against this Act or the regulations.

(3)The search warrant may authorise a named inspector and any assistants the inspector considers necessary—

(a)to enter the place or part of the place named or described in the warrant; and

(b)to search for the thing named or described in the warrant.

(4)In addition to any other requirement, the search warrant must state—

(a)the offence suspected; and

(b)the place to be searched; and

(c)a description of the thing for which the search is to be made; and

(d)any conditions to which the warrant is subject; and

(e)whether entry is authorised to be made at any time or during specified hours; and

(f)that the warrant authorises entry on only one occasion; and

(g)a day, not later than 7 days after the warrant is issued, on which it ceases to have effect.

(5)A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

(6)The rules that apply to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to search warrants under this section.

95G.Announcement before entry on warrant

(1)Before executing a search warrant, the inspector named in the warrant or an assistant to the inspector must—

(a)announce that he or she is authorised by the warrant to enter the place; and

(b)give any person at the place an opportunity to allow that entry.

(2)However, the inspector or an assistant to the inspector need not comply with sub-section (1) if he or she believes on reasonable grounds that immediate entry to the place is needed to ensure that the effective execution of the warrant is not frustrated.

95H.Copy of warrant to be given to occupier

If an occupier or apparent occupier is present at the place when a search warrant is being executed, the inspector must—

(a)identify himself or herself to that person by producing his or her identity card for inspection; and

(b)give that person a copy of the execution copy of the warrant.

Division 6—Limitation on entry powers

95I.Places used for residential purposes

Despite anything else in this Part, the powers of an inspector under this Part in relation to entering a place are not exercisable in respect of any part of a place that is used only for residential purposes except—

(a)with the consent of the occupier for the time being of the place; or

(b)under the authority conferred by a search warrant.

Division 7—Return and forfeiture of seized things

95J.Return of seized things

(1)As soon as possible after an inspector seizes any thing (including a document) under this Part the Department Head must return the thing to the owner unless—

(a)the Department Head considers it necessary to retain the thing because it may afford evidence in proceedings, that have been or may be commenced, for an offence against this Act or the regulations; or

(b)the thing is forfeited to the Crown under section 95K; or

(c)the Department Head is otherwise authorised (by a law or court order) to retain, destroy or dispose of the thing.

(2)The thing may be returned either unconditionally or on such terms and conditions as the Department Head considers appropriate.

(3)If the Department Head imposes terms or conditions on the return of a thing, the owner must comply with each of those terms and conditions.

Penalty:In the case of a corporation, 300 penalty units;

In any other case 60 penalty units.

95K.Forfeiture of seized things

Any thing (including a document) that an inspector has seized and retained under this Part is forfeited to the Crown if the Department Head—

(a)cannot find its owner despite making reasonable enquiries; or

(b)cannot return it to the owner despite making reasonable efforts.

Division 8—Other powers

95L.Power to require name and address

(1)An inspector may ask a person to state his or her name and address if the inspector reasonably believes that the person—

(a)may be able to assist in the investigation of an offence under this Act that has been committed or is suspected of having been committed; or

(b)has committed or is about to commit an offence under this Act or the regulations.

(2)The inspector must inform the person of the grounds for his or her belief in sufficient detail to allow the person to understand the nature of the offence or suspected offence.

(3)A person who, in response to being asked to state his or her name and address in accordance with this section—

(a)refuses or fails to do so; or

(b)states a name that is false in a material particular; or

(c)states an address other than the full and correct address of his or her ordinary place of residence or business—

is guilty of an offence and liable to a fine not exceeding 5 penalty units.

(4)A person who is asked to state his or her name and address may ask the inspector to produce his or her identity card for inspection.

95M.Power to give directions

(1)An inspector may give a direction (either orally or in writing) to a person at a worksite if the inspector reasonably believes that it is necessary to do so because of an immediate risk to the environment.

(2)A person must not, without reasonable excuse, refuse or fail to comply with a direction given to the person under sub-section (1).

Penalty:In the case of a corporation, 500 penalty units;

In any other case 100 penalty units.

Division 9—Other matters

95N.Occupier must assist inspector

The occupier or apparent occupier for the time being of a worksite must not, without reasonable excuse, refuse or fail to provide such assistance as an inspector may reasonably require for the performance of his or her functions or exercise of his or her powers under this Act or the regulations.

Penalty:In the case of a corporation, 300 penalty units;

In any other case 60 penalty units.

95O.Other assistance in exercising powers

(1)For the purpose of exercising a power under this Act or the regulations, an inspector may seek the assistance of any person.

(2)If the power being exercised involves entry to a worksite, the occupier or apparent occupier for the time being of the worksite must allow the person assisting access to that worksite.

Penalty:In the case of a corporation, 300 penalty units;

In any other case 60 penalty units.

(3)If an inspector uses the assistance of an interpreter—

(a)any enquiry or request made by the interpreter on the inspector's behalf is taken to have been made by the inspector; and

(b)any answer given to the interpreter is taken to have been given to the inspector.

95P.Inspector may take affidavits

An inspector is authorised to take affidavits for any purpose relating or incidental to the performance of his or her functions or exercise of his or her powers under this Act or the regulations.

95Q.Inspector may copy documents

An inspector may make copies of, or take extracts from, a document or part of a document given to the inspector in accordance with a requirement under this Act or the regulations.

Division 10—Offences

95R.Offences in relation to inspections

(1)A person must not wilfully assault, obstruct or attempt to obstruct, threaten, intimidate or attempt to intimidate an inspector in the exercise of the inspector's powers or the discharge of the inspector's duties.

Penalty:In the case of a corporation, 1000 penalty units;

In any other case, 200 penalty units.

(2)A person must not—

(a)contravene or fail to comply with any lawful requirement of an inspector; or

(b)make to an inspector exercising a power or discharging a duty under this Act a statement knowing it to be false or misleading in any particular.

Penalty:In the case of a corporation, 500 penalty units;

In any other case, 100 penalty units.

(3)A reference in this section to an inspector includes a reference to a person acting under an instrument of delegation under section 91(b).

Division 11—Protection of privileges

95S.Protection against self-incrimination

(1)A natural person may refuse or fail to give information or do any other thing that the person is required to do by or under this Part if giving the information or doing the other thing would tend to incriminate the person.

(2)However, sub-section (1) does not apply to—

(a)the production of a document or part of a document that the person is required by this Part to produce; or

(b)the giving of a person's name or address in accordance with section 95L.

95T.Legal professional privilege not affected

Nothing in this Act or the regulations—

(a)entitles or requires a person to disclose information that is the subject of legal professional privilege; or

(b)affects the law or practice relating to legal professional privilege.'.

50.New section 105 inserted

After section 104 of the Principal Act insert—

"105.Annual report

(1)A mining warden must, within 3 months after the end of a financial year, submit a report to the Minister.

(2)A report under sub-section (1) must include a brief summary of the following things that occurred in that financial year—

(a)the nature and status of any dispute referred to the mining warden under section 97;

(b)the nature and status of any matter referred to the mining warden under section 98;

(c)any other activity commenced, conducted or completed by the mining warden under this Act.".

51.Order to cease work

(1)For section 110(1) of the Principal Act substitute—

"(1)This section applies if the Minister believes on reasonable grounds that—

(a)an act or omission by the holder of an authority is likely to result in a risk to the environment; or

(b)the holder of an authority—

(i)has contravened or is likely to contravene this Act or the regulations; or

(ii)has not complied with any condition to which the authority is subject or any condition specified under section 44; or

(iii)has not complied with any relevant planning scheme or permit; or

(iv)has not complied with any condition applying to the carrying out of the work plan under the authority; or

(v)has undertaken work on land otherwise than in accordance with the work plan under the authority; or

(c)a former licensee has failed to comply with section 81.".

(2)After section 110(7) of the Principal Act insert—

"(8)In sub-sections (2) to (6) a reference to the holder of an authority or a licensee includes a reference to a former licensee.".

52.New section 110A inserted

After section 110 of the Principal Act insert—

'110A.Enforcement order

(1)An inspector who believes on reasonable grounds that a person (other than the holder of an authority) is carrying out or is likely to carry out an activity on land in contravention of this Act or the regulations may issue a notice to the person—

(a)to stop that activity; and

(b)to take within a specified period any action necessary to remedy the contravention.

(2)A person must not, without reasonable excuse, fail to comply with a notice under this section.

Penalty:In the case of a corporation, 1000 penalty units;

In any other case, 200 penalty units.

(3)In this section "authority" has the same meaning as it has in section 110.'.

53.New section 120A inserted

After section 120 of the Principal Act insert—

"120A.Ministerial guidelines

(1)The Minister may, from time to time, issue guidelines relating to any of the objectives or purposes of this Act or the regulations made under this Act.

(2)A guideline has no effect until a notice of its making has been published in the Government Gazette.

(3)The guidelines must be made available for public inspection free of charge—

(a)at the principal office of the Department and major regional offices of the Department; or

(b)in electronic form published on the Department's Internet site.".

54.Regulations

Section 124(1)(o) of the Principal Act is repealed.

55.New sections 133 and 134 inserted

After section 132 of the Principal Act insert—

'133.Validation of certain exploration and mining work—2006 amendments

(1)Despite section 45 (as in force immediately before the commencement date), a licensee who, before the commencement date, did any work under the licence within an area of land prohibited by section 45(1)(a)(i) to (x) (as in force immediately before the commencement date) or within 100 metres below that area is deemed always to have complied with section 45 in respect of that work if—

(a)at the time the work was done an approved work plan and, in the case of a mining licence, a work authority, was registered in respect of the licence; and

(b)the wo rk was done in accordance with the approved work plan.

(2)Nothing in sub-section (1) affects the rights of the parties in the proceedings in VCAT known as Tech-Sol Resources Pty Ltd v Minister for Energy Industries and Resources [2004] VCAT 1648 and [2004] VCAT 1654.

(3)In this section "commencement date" means the date of commencement of section 34 of the Mineral Resources Development (Sustainable Development) Act 2006.

134.Change of title provision—2006 amendments

On the commencement of section 4 of the Mineral Resources Development (Sustainable Development) Act 2006, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind, any reference to the Mineral Resources Development Act 1990 is deemed to be a reference to the Mineral Resources (Sustainable Development) Act 1990 so far as it applies to any period on or after that commencement, unless the contrary intention appears.'.

56.New section 135 inserted

At the end of Part 14 insert—

"135.Transitional provision—2006 amendments

A person who held a licence immediately before the commencement of section 26(2) of the Mineral Resources Development (Sustainable Development) Act 2006 is not required to provide a community engagement plan in accordance with section 40(3)(b)(ii) as part of the work plan for that licence if the person before that commencement had lodged a work plan under section 40 and the work plan had not been approved.

Note:A licensee who is not required under section 135 to provide a community engagement plan under section 40 as part of the initial work plan may be required to provide a community engagement plan when the work plan is subsequently varied or the licence is renewed.".

57.Amendment of Schedule 1

In item 24 in Schedule 1 to the Principal Act, in proposed section 32(2)(j) of the Sale of Land Act 1962, for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

58.Amendment of Schedule 3

In clause 5 of Schedule 3 to the Principal Act, for "Ministers administering the Crown Land (Reserves) Act 1978 and the Forests Act 1958" substitute "Crown land Minister".

__________________

PART 3—AMENDMENTS TO OTHER ACTS

Division 1—Amendments to the Environment Protection Act 1970

59.Appointment of environmental auditor

(1)After section 53S(2) of the Environment Protection Act 1970 insert—

"(2A)The Authority in appointing an environmental auditor, or in suspending or revoking, or imposing conditions on, such an appointment, must have regard to any relevant guidelines issued under sub-section (6).".

(2)In section 53S(5) of the Environment Protection Act 1970—

(a)in paragraph (c), for "statements of environmental audit." substitute "statements of environmental audit; and";

(b)after paragraph (c) insert—

"(d)any function conferred on an environmental auditor under this or any other Act.".

(3)In section 53S(6) of the Environment Protection Act 1970 for "functions" substitute "functions under this or any other Act.".

60.Offences

In 53ZC(1) of the Environment Protection Act 1970—

(a)in paragraph (a), after "Authority" insert

"or to any other person in carrying out a function under this or any other Act";

(b)after paragraph (b) insert—

"(ba)issue a certificate or any other document which is false or misleading in carrying out a function under any other Act; or";

(c)in paragraph (c), after "Authority" insert

"or from any other person in carrying out a function under this or any other Act".

Division 2—Amendments to Other Acts

61.Consequential amendments

On the coming into operation of an item in the Schedule, the Act referred to in the heading to that item is amended as set out in that item.

__________________

SCHEDULE

Section 61

CONSEQUENTIAL AMENDMENTS TO OTHER ACTS

1.Aboriginal Heritage Act 2006

1.1In section 50, in paragraph (a) of the definition of "earth resource authorisation", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

1.2In section 50, in paragraph (a) of the definition of "earth resource law", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

1.3For the heading to item 5 in Schedule 2 substitute—

"Mineral Resources (Sustainable Development) Act 1990".

1.4In item 5(4) in Schedule 2, in proposed section 18(b) of the Mineral Resources (Sustainable Development) Act 1990, for "relates." substitute "relates; and".

2.AboriginalLand (Manatunga Land) Act 1992

In section 3(2)(b), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

3.AboriginalLand (Northcote Land) Act 1989

In section 5(4), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

4.Aboriginal Lands (Aborigines' Advancement League) (Watt Street, Northcote) Act 1982

In section 3(4), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

5.Catchment and Land Protection Act 1994

5.1In section 3, in the definition of "land", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

5.2In sections 33(4)(a), 33(4)(c), 50(c) and 93(1), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

6.Coroners Act 1985

In section 45(4)(f), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

7.Crown Land (Reserves) Act 1978

In sections 7(1) and 7(3), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

8.Dangerous Goods Act 1985

In sections 10B(2)(b), 11(2)(a) and 37(4), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

9.EastLink Project Act 2004

In section 131(1), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

10.Electricity Industry Act 2000

In sections 87(1), 87(2)(b) and 87(3), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

11.Environment Protection Act 1970

In sections 19B(3)(a)(iv) and 19B(4C), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

12.Equipment (Public Safety) Act 1994

In section 5(c)(ii), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

13.Extractive Industries Development Act 1995

In sections 1(c), 26(1)(b), 26(3), 27(1) and 27(2), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

14.Fences Act 1968

In section 3, in the definition of "occupier", for "Mineral Resources Development Act 1990" (where twice occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

15.Flora and Fauna Guarantee Act 1988

In section 37(b), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

16.Forests Act 1958

In sections 6, 7, 42(4), 45(2), 49(1) and 50(5A), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

17.Geothermal Energy Resources Act 2005

17.1In section 4(1), in paragraph (c) of the definition of "unrestricted Crown land", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

17.2In section 81, for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

18.Land Acquisition and Compensation Act 1986

In sections 38(1) and 38(3), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

19.Land Act 1958

In sections 2(3), 171, 190, 204, 205(2), 212(1), 217 and 340, for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

20.Land Tax Act 2005

In section 86(3), in paragraph (a) of the definition of "mine", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

21.Melbourne City Link Act 1995

21.1In section 20F(1)(d), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

21.2In section 64(1)(e), for "Mineral Resources Development Act 1991" substitute "Mineral Resources (Sustainable Development) Act 1990".

22.Mines (Aluminium Agreement) (Brown Coal Royalties) Act 2005

In section 3, in proposed section 11(3) of the Mines (Aluminium Agreement) Act 1961, for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

23.National Parks Act 1975

23.1In section 3(1), in the definitions of "exploration licence", "miner's right", "mining licence", "search" and "tourist fossicking authority", for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

23.2In section 40, for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

24.National Parks (Additions and Other Amendments) Act 2004

In section 33, in proposed section 49A of the Crown Land (Reserves) Act 1978, for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

25.Nuclear Activities (Prohibitions) Act 1983

25.1In section 2, in the definition of "mining title", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

25.2In section 9(1)(i), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

26.Occupational Health and Safety Act 2004

26.1In section 37(4), in paragraph (a) of the definition of "mine", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

26.2In section 95(1)(b), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

27.Petroleum Act 1998

In section 4, in the definition of "restricted Crown land" for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

28.Safety on Public Land Act 2004

In section 16, for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

29.Summary Offences Act 1966

In section 50(4), for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

30.Transfer of Land Act 1958

In section 4(1), in the definition of "land", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

31.Underseas Mineral Resources Act 1963

In section 2, for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

32.Victorian Civil and Administrative Tribunal Act 1998

32.1In the heading to Part 15 of Schedule 1, for "MINERAL RESOURCES DEVELOPMENT ACT 1990" substitute "MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990".

32.2In clause 51 of Schedule 1, for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

33.Victorian Plantations Corporation Act 1993

33.1In section 3, in the definition of "forest produce", for "Mineral Resources Development Act 1990" substitute "Mineral Resources (Sustainable Development) Act 1990".

33.2In sections 9(2)(b) and 26(1), for "Mineral Resources Development Act 1990" (wherever occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

34.Wildlife Act 1975

In section 19(1) for "Mineral Resources Development Act 1990" (where twice occurring) substitute "Mineral Resources (Sustainable Development) Act 1990".

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ENDNOTES

Minister's second reading speech—

Legislative Assembly: 20 July 2006

Legislative Council: 9 August 2006

The long title for the Bill for this Act was "to amend the Mineral Resources Development Act 1990 and the Environment Protection Act 1970 and to make consequential amendments to other Acts and for other purposes."