Mineral Resources (Sustainable Development) Act 1990 (Vic)

Version No. 130

Mineral Resources (Sustainable Development) Act 1990

No. 92 of 1990

Version incorporating amendments as at

26 November 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Introduction

1Purpose

2Objectives

2APrinciples of sustainable development

3Commencement

4Definitions

5Act to bind the Crown

5AAApplication of this Act

5ABApplication of this Act to Alcoa land

5ABALeased area

5AInteraction of this Act with native title legislation

6Land not available for exploration, mining and searching

6AALand not available for searching for stone

6AExtent of application of licences and authorities under this Act to Deep Lead Nature Conservation Reserve (No. 2)

7Minister may exempt land from being subject to a licence

7AMinister may declare meaning of graticular section

7BMinisters may declare low impact exploration activity

7CMinisterial Order declaring specified mines and quarries

8Offence to search for minerals or do work without authority

8AAOffence to search for stone without consent

8ABOffence to carry on extractive industry without authority

8ACOffence to carry out exploration or mining of coal seam gas

8ADOffence to carry out hydraulic fracturing

8AAerial surveys permitted without licence

9Ownership of minerals

10Tailings

11Transfer of property in minerals

11AOwnership of stone

12Royalties

12ARoyalties for lignite

Part 2—Exploration licences, mining, prospecting and retention licences

Division 1—General licence provisions

13Exploration licences

14Mining licences

14ALicence may be limited to stratum of land

14BProspecting licences

14BAHolder of prospecting licence must not dispose of tailings contrary to Minister's consent

14CRetention licences

Division 2—Licence process

14ABApplication of this Division

15Application for a licence

16Applicant for licence—fit and proper person

16AApplication for mining licence or retention licence where exploration licence or prospecting licence covers same land

16BApplication for mining licence where retention licence covers same land

17Application not transferable

18Notice of applications with the highest ranking

19Withdrawal of application

23Ranking of applications

24Objections to licence

24AComments on licence

25Grant or refusal of licence

25AWaiver of exploration licence holder's consent

26Grant of licence

26AAATransfer of consents and approvals to undertake work

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

Subdivision 1—General

26AADefinition

26ABLicence applications under Division to be in respect of exempted land

Subdivision 2—Licences granted by the Minister

26ACWho may apply for a licence under this Subdivision?

26ADApplication procedure

26AEApplication of Act to licence application

26AFGrant or refusal of licence

26AGRevocation of exemption over licence land

26AHMinister must publish notice

26AIApplication of Act to licence

Subdivision 3—Licences granted by the Governor in Council

26AJApplication procedure

26AKNotification and advertising requirements

26ALApplication of Act to licence application

26AMGrant or refusal of licence

26ANMinister must publish reasons for refusal to grant licence

26AORevocation of exemption over licence land

26APMinister must publish notice

26AQApplication of Act to licence

Division 3A—Survey of land proposed to be covered by mining licence, prospecting licence or retention licence

26ARApplicant to survey boundary of land

26ASAuthority to enter land

26ATOffence not to show authority

26AUSecurity

26AVInsurance

Division 4—Requirements if agricultural land covered by mining licence or prospecting licence

26AStatement of economic significance if agricultural land covered by licence

26BExcision of agricultural land from a licence

26CNotice of excision dispute

26DResolution of excision disputes

26EOffence to divulge details of a statement of economic significance

Division 5—Tenders for licences

27Tendering process

27AAcceptance of tender

27BAdvertising and notice requirements

27CConsultation and notification requirements

27DApplication of provisions to tenders

27EMinister may not accept any tenders

Division 6—Renewals of licences

29Application for renewal of licence

31Renewals of licences

32Period of renewal

Division 7—Changes to licences

33Transfer of licence

33ATransfer of land from one mining licence to another

33BMining licence may be split and transferred

34Variation of licence

35Combined conditions

36Amalgamation of licences

36AExpedited procedure for replacement of invalidated title

Division 8—Surrender and cancellation of licences

37Surrender of licence

38Cancellation of licence

38ADecrease in area under exploration licence

Division 9—Mine stability levy for Latrobe Valley

38AAADefinitions

38AABMine stability levy imposed

38AACWho is liable for mine stability levy?

38AADAmount of the mine stability levy

38AAEWhen and how is the mine stability levy to be paid?

Part 3—Work under a licence

39Work must be approved

39ALicensee's duty to consult with community

40Work plan

40AWork plan—approval

41Application for variation of work plan

41AAAMinor variation of approved work plan

41AADepartment Head may direct holder to give notice of or lodge application for variation of work plan

41AABApproval of variation of work plan

41AMinister may require impact statement

41ABReporting requirements for declared mines

41ACChief Inspector to be notified of reportable events in relation to exploration or mining

41ADLicensee to submit area work plan schedule

41AEVariation application must be made if mine is declared

42Commencement of work under mining licence or prospecting licence

42APlanning permits not required for some work variations

43Commencement of work under exploration licence or retention licence

43AEffect of contraventions

43BCertain consents etc. not required in case of unrestricted Crown land

44Particular consents etc. required

45Prohibition of work near dwellings and certain places and sites

45ACertain exploration and mining work complies with section 45

46Minister may authorise work near dwelling house

47New consent or authorisation for certain work plan variations

47AManagement of worksites

Part 4A—Advisory panels

Division 1—Appointment of panels

54AAppointment of advisory panels

54BComposition of panel

54CChairperson

54DTerms of reference

54ETerms and conditions of appointment

Division 2—Procedure of panels

54FProcedure of panel

54GDirections about hearings

54HHearings to be in public

54IProcedure for hearing submissions

54JAdjournment of hearings

54KPanel may regulate its own proceedings

54LPanel may take into account any relevant matter

54MReport of panel

Part 5—Other authorities

Division 1—Miner's rights

55Miner's right

56Who may grant a miner's right

57Grant of miner's right

58Obligations of holder

Division 2—Tourist fossicking authorities

59Tourist fossicking authority

60Application for tourist fossicking authority

61Grant or refusal of tourist fossicking authority

62Obligations of holder

Part 6—Mining register

69Functions of Department Head regarding mining register

70Effect of registration

71Creation etc. of interests in licences

72Devolution of rights of licensee

73Correction of register

74Disclosure of registered information

75Survey standards

76Evidence

77Offences

Part 6A—Extractive industries—Work authorities and other matters

Division 1—Searching for stone

77AConsent to search for stone on certain land

77BDepth restriction on searching for stone on land adjacent to waterways or water infrastructure

77CNotice of proposed searching for stone on land on which there are roads etc.

Division 2—Work plans and extractive industry work authorities

77GWork plan

77HApplication for variation of work plan

77HAAMinor variation of work plan

77HADepartment Head may direct holder to give notice of or lodge application for variation of work plan

77HBApproval of variation of work plan

77HCPlanning permits not required for some work variations

77IExtractive industry work authorities

77JConditions of extractive industry work authorities

77KExtractive industry work authority holder's duty to consult with community

77KAChief Inspector to be notified of reportable events in relation to quarries

77KBVariation application must be made if quarry is declared

77LPeriod of extractive industry work authority

77MVariation of an extractive industry work authority

77NTransfer of an extractive industry work authority

77OCancellation of an extractive industry work authority

77OASurrender of an extractive industry work authority

Division 3—Managers

77QManager must be appointed

Division 4—Planning requirements

77RPowers to amend planning scheme

77SLand subject to a licence under Part 2

77TEnvironment Effects Statement

Part 6B—Statutory endorsement of work plans

77TADefinitions

77TBApplication of Part

77TCGiving of work plan or variation to approved work plan for statutory endorsement

77TDDepartment Head may endorse work plan or variation to approved work plan

77TEDepartment Head must give work plan or variation application to referral authority

77TFReferral authority must consider work plan and variation of approved work plan

77TGInterrelationship with the Planning and Environment Act 1987

Part 6C—Review

77TIReview by Tribunal

77TJApplication for review

Part 7―Rehabilitation

77UDefinitions

78Licensee must rehabilitate land

78AHolder of extractive industry work authority must rehabilitate land

79Rehabilitation plan

79ARehabilitation liability assessment

80Rehabilitation bond

81Rehabilitation

81ACertification that land has been rehabilitated

82Return of bond if rehabilitation satisfactory

83Minister may carry out rehabilitation

83APayment of bond into Declared Mine Fund on cancellation of licence

84Payment out of Consolidated Fund

Part 7A—Mine Land Rehabilitation Authority

Division 1—Preliminary

84AADefinitions

84ABMeaning of public sector body

84ACMeaning of regulatory framework

Division 2—Establishment of Rehabilitation Authority and the Board

84ADMine Land Rehabilitation Authority

84AEObjectives of the Rehabilitation Authority

84AFRehabilitation Authority powers relating to property

84AGBoard of Rehabilitation Authority

84AHAppointment of members of the Board

84AIRemuneration

84AJTerms and conditions of appointment

84AKActing appointment

84AKAResignation

84AKBRemoval from office

84AKCChairperson of the Board

84AKDDeputy chairperson of the Board

Division 3—Functions and powers

84ALFunctions and powers of the Rehabilitation Authority

84AMRehabilitation Authority to have regard to objective, regional rehabilitation strategy and regulatory framework

84ANStaff to be provided

84AOAssistance to be provided by the Department Head

84APAssistance to be provided by a public sector body and a declared mine licensee

Division 4—Investigations by the Rehabilitation Authority

84AQMinister may refer a matter for investigation to the Rehabilitation Authority

84ARPower of entry and inspection without consent

84ASOccupier or apparent occupier of land must assist authorised officer to enter

84ATOccupier or apparent occupier of land must assist authorised officer to inspect

84AUAuthorised officers under this Division

84AVAuthorised officer's identity cards

Division 5—Giving of documents or other things

84AWGiving of documents or other things to the Rehabilitation Authority by declared mine licensees

84AXGiving of documents or other things to the Rehabilitation Authority by public sector bodies

84AYConfidentiality of document or other thing given under a notice

Division 6—Information gathering by the Rehabilitation Authority

84AZDefinition

84AZANotice requiring documents or information from public sector body

84AZBNotice requiring documents or information from declared mine licensee

Division 7—Monitoring framework

84AZCRehabilitation Authority must prepare monitoring framework

84AZDMaking the monitoring framework

84AZEAmendment of monitoring framework

84AZFMaking an amendment to the monitoring framework

Division 8—Reports and reviews of the Rehabilitation Authority

84AZGReport of referral investigation

84AZHAnnual report of Rehabilitation Authority

84AZIConsultation

84AZJReports to the Minister

84AZKRehabilitation Authority review of research plans of declared mine licensee

Division 9—Protections for persons acting under this Part

84AZLProtection against self-incrimination

Part 7B—Regional rehabilitation strategy

84AZMMinister must prepare a strategy for the rehabilitation of coal mine land

84AZNPublication of regional rehabilitation strategy

84AZOReview of regional rehabilitation strategy

84AZPAmendment of regional rehabilitation strategy

84AZQPublication of amendment to regional rehabilitation strategy

84AZRMinister must consult

Part 7C—Declared mine land rehabilitation

Division 1—Preliminary

84AZSDefinitions

84AZTMinisterial direction—declared mine land

Division 2—Declared mine rehabilitation plans

84AZUDeclared mine licensee to prepare plan for rehabilitation of land

84AZVDepartment Head to consider plan for rehabilitation of declared mine land

84AZWApplication for variation of declared mine rehabilitation plan

84AZXDepartment Head may direct declared mine licensee to apply for variation of declared mine rehabilitation plan

Division 3—Closure of mine, registration of declared mine land and post-closure plan

84AZYApplication for determination that closure criteria have been met

84AZZConsideration of application that closure criteria have been met

84AZZADetermination of application—closure criteria

84AZZBClosure criteria for declared mine land met

84AZZCRegistration of declared mine land

Division 4—Registered post-closure plans recorded and transfer of registered mine land

84AZZDRegistered post-closure plan recorded on title

84AZZERemoval of registered post-closure plan from title

84AZZFTransfer of registered mine land to Rehabilitation Authority

Division 5—Declared Mine Fund

84AZZGDeclared Mine Fund

84AZZHPayments into the Fund

84AZZIPayments out of the Fund

84AZZJDelegation of power to authorise payments

Division 6—Monitoring and maintenance of registered mine land

84AZZKFunctions and powers of the Rehabilitation Authority—registered mine land

Division 7—Register of declared mine land

84AZZLRegister of declared mine land

84AZZMRemoval of registered mine land from the Register

Part 8—Compensation

Division 1―General

84AApplication of this Division

85What compensation is payable for

85AWhat compensation is payable for—Crown land

86When a claim can be made

87Compensation agreement

88Determination of compensation disputes

88ADetermination of disputes—Crown land

89Limit on total amount of compensation

Division 2―Extractive industries search authorities

89AACompensation―search authorities

89ABMeasure of compensation payable under section 89AA

Part 8A—Codes of Practice

89APower to make Codes of Practice

89BVariation and revocation of Code of Practice

89CAdvertising of draft Code of Practice, variation or revocation

89DConsideration of submissions

89EHow is a Code of Practice made?

89FAvailability of Code of Practice

89GCode of Practice

89HUse of Code of Practice in proceedings

Part 9—Inspectors

Division 1—Employment of inspectors

90Employment of inspectors

91Delegation by Chief Inspector

92Identity cards

Division 2—Performance of functions or exercise of powers

93Inspectors subject to Department Head's directions

Division 3—Powers relating to entry

94Power to enter

95General powers on entry

95APower to require production of documents etc.

95BPower to take samples

Division 4—Procedure relating to entry

95CAnnouncement on entry

95DReport to be given about entry

Division 5—Search warrants

95EDefinition

95FIssue of search warrants

95GAnnouncement before entry on warrant

95HCopy of warrant to be given to occupier

Division 6—Limitation on entry powers

95IPlaces used for residential purposes

Division 7—Return and forfeiture of seized things

95JReturn of seized things

95KForfeiture of seized things

Division 8—Other powers

95LPower to require name and address

95MPower to give directions

Division 9—Other matters

95NOccupier must assist inspector

95OOther assistance in exercising powers

95PInspector may take affidavits

95QInspector may copy documents

Division 10—Offences

95ROffences in relation to inspections

Division 11—Protection of privileges

95SProtection against self-incrimination

95TLegal professional privilege and client legal privilege not affected

Part 11—Mining wardens

96Appointment of mining wardens

97Disputes

98Matters referred to mining warden

99Powers of mining warden

100Conduct of hearing

101Evidence not admissible in other proceedings

102Validity of acts or decisions

103Discontinuance of investigation

104Costs

105Annual report

Part 12—Enforcement

Division 1—Definitions

105ADefinitions

Division 2—Infringements

106Infringements

Division 3—Enforceable undertakings

107Enforceable undertakings

108Offence to contravene an undertaking

Division 4—Remedial notices and orders and enforcement orders

110Notice requiring authority holder to take action or stop work

110AAInjunction for non-compliance with notice

110ABMinister may take action required by injunction or order

110ACOffence to hinder or obstruct remedial action

110ADImmunity for remedial action

110AECompensation for remedial action

110AFWhen claim for compensation for remedial action can be made

110AGRecovery of costs and compensation by Minister

110AEnforcement order

110BNotice requiring owner of registered mine land to take action or stop work

110CReview of decision to issue notice to owner of registered mine land

Division 5—General

111Offences by corporations

111ADefault penalties

Part 13—Miscellaneous

112Surveys, searches and drilling operations

112AMinister may require review of economic viability of mining of minerals to which a retention licence applies

113Discovery of uranium or thorium to be reported

113ADiscovery of coal seam gas to be reported

114Abandoned plant becomes property of the Crown

115Occupiers liability

116Licensee must supply information

116AHolder of extractive industry work authority or consent to supply information

117Obtaining licence or other authority dishonestly

118Pecuniary interests

119Secrecy

120Delegation

120AMinisterial guidelines

121Immunity

121AState liability

121BMinister may pay for surrender of licences

122Service of documents

123Supreme Court—limitation of jurisdiction

124Regulations

Part 14—Repeals, amendments, savings and transitionals

127Validation of existing titles

129Savings and transitionals

130Saving and transitional provisions—2000 amendments

131Saving and transitional provisions—2001 amendments

132Transitional provision—2005 amendments

133Validation of certain exploration and mining work—2006 amendments

134Change of title provision—2006 amendments

135Transitional provision—2006 amendments

135ATransitional provision—2010 amendments abolishing the Mining and Environment Advisory Committee

136Saving and transitional provisions—2009 amendments

137Savings and transitional provisions—2010 amendments

138Transitional provision—2012 amendments

139Savings and transitional provisions—2014 amendments

140Savings and transitional provisions—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014

141Transitional provision—Mineral Resources (Sustainable Development) Amendment Act 2019

142Transitional provisions—Mineral Resources (Sustainable Development) Amendment Act 2019

Schedules

Schedule 2—Savings and transitionals

Schedule 3—Restricted Crown land

Schedule 4—Minerals

Schedule 4A—Low impact exploration

Schedule 5—Saving and transitional provisions arising from the Mineral Resources Development (Amendment) Act 2000

Schedule 6—Saving and transitional provisions arising from the Mineral Resources Development (Further Amendment) Act 2001

Schedule 7—Saving and transitional provisions arising from the Resources Industry Legislation Amendment Act 2009

Schedule 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010

Schedule 9—Savings and transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment Act 2014

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 130

Mineral Resources (Sustainable Development) Act 1990

No. 92 of 1990

Version incorporating amendments as at

26 November 2025

The Parliament of Victoria enacts as follows:

PART 1—INTRODUCTION

1Purpose

The purpose of this Act is to encourage mineral exploration and economically viable mining and extractive industries which make the best use of, and extract the value from, resources in a way that is compatible with the economic, social and environmental objectives of the State.

2Objectives

(1)The objectives of this Act are—

(a)to encourage and facilitate exploration for minerals and foster the establishment and continuation of mining operations by providing for—

(i)an efficient and effective system for the granting of licences and other approvals; and

(ii)a process for co-ordinating applications for related approvals; and

(iii)an effective administrative structure for making decisions concerning the allocation of mineral resources for the benefit of the general public; and

(iv)an economically efficient system of royalties, rentals, fees and charges; and

(b)to establish a legal framework aimed at ensuring that—

(i)risks posed to the environment, to members of the public, or to land, property or infrastructure by work being done under a licence or extractive industry work authority are identified and are eliminated or minimised as far as reasonably practicable; and

(ii)consultation mechanisms are effective and appropriate access to information is provided; and

(iii)land which has been mined or from which stone has been extracted or removed is rehabilitated; and

(iv)just compensation is paid for the use of private land for exploration or mining; and

(v)conditions in licences and approvals are enforced; and

(vi)dispute resolution procedures are effective; and

*                *                *                *                *

(c)to recognise that the exploration for, and mining or extraction of, mineral resources and stone must be carried out in a way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994.

*                *                *                *                *

2APrinciples 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.

3Commencement

(1)Sections 1 to 125 and section 127 come into operation on a day to be proclaimed.

(2)The remaining provisions of this Act, other than section 126(2) and item 18 of Schedule 1, come into operation on a day or days to be proclaimed.

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4Definitions

(1)In this Act—

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*                *                *                *                *

*                *                *                *                *

agricultural land means private land that is used primarily for—

(a)cultivation for the purpose of selling the produce of the cultivation; or

(b)keeping animals or poultry for the purpose of selling them or produce derived from them; or

(c)keeping bees for the purpose of selling their honey; or

(d)commercial fishing; or

(e)the cultivation or propagation for sale of plants;

area work plan schedule means an area work plan schedule submitted under section 41AD;

*                *                *                *                *

*                *                *                *                *

Chief Inspector means the Chief Inspector employed under section 90(1)(a);

*                *                *                *                *

closure criteria—see section 84AZU(3)(b);

coal mine land means the land covered by any of the following licences (whether or not those licences are in force)—

(a)mining licence No. 5003;

(b)mining licence No. 5004;

(c)mining licence No. 5189;

(d)mining licence No. 5216;

(e)mining licence No. 5304;

coal seam gas means natural gas when it is contained in oil shale or coal, whether or not it is in a gaseous state;

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

*                *                *                *                *

community engagement plan has the meaning set out in sections 40(3)(d) and 77G(3)(e);

Crown landmeans land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes—

(a)land of the Crown that is reserved permanently or temporarily by or under any Act; and

(b)land of the Crown occupied by a person under a lease, licence or other right under this or any other Act—

but does not include land which is the subject of a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993;

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

declared mine means a mine specified in an Order under section 7C;

Declared Mine Fund means the fund established under section 84AZZG;

declared mine land means—

(a)the land covered by a mining licence that includes a declared mine (whether or not the licence is in force); or

(b)the land covered by any of the following licences (whether or not the licence is in force)—

(i)the mining licence No. 5216;

(ii)the mining licence No. 5304;

declared mine land register means the register established under section 84AZZL;

declared mine licensee means the holder or the former holder of a licence that covers declared mine land;

declared mine rehabilitation plan means a plan approved by the Department Head under section 84AZV(2)(a) and as varied under section 84AZW(3)(a);

declared quarry means a quarry specified in an Order under section 7C;

Department means the Department of State Development, Business and Innovation;

Department Head means the Department Head (within the meaning of the Public Administration Act 2004) of the Department;

*                *                *                *                *

dispute means a dispute arising under this Act between—

(a)a licensee or an applicant and the Department Head or an employee of the Department; or

(b)a licensee or an applicant and the holder of a miner's right; or

(c)a licensee or an applicant and the owner or occupier of land; or

(d)a licensee and another licensee or an applicant for a licence; or

(e)an applicant and another applicant; or

(ea)a member of the public and the Department Head (or an employee of the Department) in relation to work under a licence that directly and substantially affects, or is likely to affect, the member of the public—

and includes a dispute—

(f)about the existence of a licence, miner's right or tourist fossicking authority; or

(g)about the boundaries of land covered by a licence or an application—

but does not include a dispute for which recourse to a court, a tribunal or an expert (other than a mining warden) is expressly provided under this Act;

exploration means exploration for minerals and includes—

(a)conducting geological, geophysical and geochemical surveys; and

(b)drilling; and

(c)taking samples for the purposes of chemical or other analysis; and

(d)extracting minerals from land, other than for the purpose of producing them commercially; and

(e)in relation to an exploration licence, anything else (except mining) that is specified in the licence;

extractive industry means the extraction or removal of stone from land if a primary purpose of the extraction or removal is the sale or commercial use of the stone or the use of the stone in construction, building, road or manufacturing works and includes—

(a)the treatment of stone or the manufacture of bricks, tiles, pottery or cement products on or adjacent to land from which the stone is extracted; and

(b)any place, operation or class of operation involving the extraction or removal of stone from land, declared by the Minister, by notice published in the Government Gazette, to be an extractive industry for the purposes of this Act;

extractive industry work authority means a work authority relating to an extractive industry granted under section 77I;

graticular section—

(a)means the 1000 metre interval block based on the Australian Geodetic Datum 1966, as shown on the National Topographic Map Series published by the National Mapping Council; or

(b)if a notice under section 7A applies, has the meaning it has as specified by, or under, that notice;

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

hydraulic fracturing means the injection of a substance or substances into a bore under pressure for the purposes of stimulating a geological formation;

infrastructure mining licence means a mining licence solely for the construction of a facility or other infrastructure to be used for the purpose of mining under another mining licence;

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inspector means an inspector employed under section 90(1)(b);

land affected, in relation to work under a licence, means land to which entry is required during the work and includes the surface of the land and the land to a depth of 100 metres;

Latrobe Valley region means the region constituted by the municipal districts of the Latrobe City Council, Baw Baw Shire Council and Wellington Shire Council;

licence means an exploration licence, a mining licence, a prospecting licence or a retention licence under Part 2;

licensee means the holder of a licence;

low impact exploration has the meaning set out in Schedule 4A;

mine means any land on which mining is taking place under a licence;

miner's right means a miner's right under Part 5;

mineral means any substance which occurs naturally as part of the earth's crust—

(a)including—

(i)oil shale and coal; and

(ii)hydrocarbons and mineral oils contained in oil shale or coal or extracted from oil shale or coal by chemical or industrial processes; and

(iii)any substance specified in Schedule 4;

(b)excluding water, stone, peat or petroleum;

minerals exemption means an exemption that was granted under section 293 or 293A of the Mines Act 1958 and that was current immediately before the commencement of this section;

mineral resource means a concentration of a mineral or minerals that is or may be economically viable to mine;

mining means extracting minerals from land for the purpose of producing them commercially, and includes processing and treating ore;

*                *                *                *                *

mining register means the register kept under Part 6;

Ministerial direction means a direction made or varied under section 84AZT;

occupier means—

(a)in relation to private land, any person lawfully in possession of the land; and

(b)in relation to Crown land, the Secretary (as defined in the Conservation, Forests and Lands Act 1987);

owner means—

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

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(d)in relation to private land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), the person who is registered or entitled to be registered as the proprietor of the land; and

(e)in relation to other private land—

(i)if the land is mortgaged, the mortgagor; and

(ia)if the land is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee, under that Part, of the land; and

(ii)in any other case, the person who has the fee in the land;

petroleummeans[1]—

(a)any naturally occurring hydrocarbon, whether in a gaseous, liquid or solid state; or

(b)any naturally occurring mixture of hydrocarbons, whether in a gaseous, liquid or solid state; or

(c)any naturally occurring mixture of one or more hydrocarbons, whether in a gaseous, liquid or solid state, and one or more of the following, that is to say, hydrocarbon sulphide, nitrogen, helium and carbon dioxide—

and includes any petroleum as defined by paragraph (a), (b) or (c) or any prescribed petroleum product that has been returned to a natural reservoir in Victoria, but excludes any naturally occurring hydrocarbon or mixture of hydrocarbons within a deposit of coal or oil shale;

planned improvement, in relation to land, means an improvement on the land in respect of which the owner or occupier had, before an application for a licence covering that land was made—

(a)applied for or been granted a building permit or a planning permit; or

(b)otherwise demonstrated a genuine intention to proceed;

planning permit means a planning permit issued under the Planning and Environment Act 1987;

planning scheme means a planning scheme made under the Planning and Environment Act 1987;

plant means buildings, structures, works or other machinery (whether fixed or mobile) and all other installations or equipment used in the doing of work under a licence or an extractive industry work authority;

post-closure plan—see section 84AZU(3)(c);

private land means any land that is not Crown land;

quarry means—

(a)a pit or excavation made in land below the natural surface for the purpose of extracting or removing stone if a primary purpose of the extraction or removal is the sale or commercial use of the stone or the use of the stone in construction, building, road or manufacturing works; or

(b)any place or operation involving the removal of stone from land, declared by the Minister by notice published in the Government Gazette to be a quarry—

and includes access ways on private land and the works, machinery, plant, equipment, buildings and structures above or below ground used for or in connection with—

(c)making, enlarging or deepening the pit or excavation; or

(d)carrying on the operation; or

(e)the extraction or removal of stone from the pit or excavation; or

(f)the treatment on or adjacent to the land in which the pit or excavation is made of stone extracted or removed from the land or the manufacture on or adjacent to that land of bricks, tiles, pottery or cement products substantially from stone so extracted or removed;

regional rehabilitation strategy means the strategy prepared under section 84AZM;

register means the mining register kept under Part 6;

registered means registered in the mining register;

registered mine land means declared mine land that is registered in the declared mine land register;

registered post-closure plan means a post-closure plan registered in the declared mine land register;

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Rehabilitation Authority means the Mine Land Rehabilitation Authority established under section 84AD;

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

rehabilitation plan means a rehabilitation plan referred to in section 79;

responsible authority in relation to a planning scheme has the same meaning as in the Planning and Environment Act 1987;

restricted Crown land means any land specified in Schedule 3;

search means search for minerals using no equipment for the purposes of excavation other than non-mechanical hand tools;

specified variation, in relation to an approved work plan, means a variation to work—

(a)that is being carried out in accordance with the approved work plan; and

(b)in respect of which a planning permit under the Planning and Environment Act 1987 is required;

specified work plan means a work plan for work in respect of which a planning permit under the Planning and Environment Act 1987 is required;

statutorily endorsed, in relation to a work plan or a variation to an approved work plan, means endorsed in accordance with Part 6B;

stonemeans—

(a)sandstone, freestone or other building stone; or

(b)basalt, granite, limestone or rock of any kind ordinarily used for building, manufacturing or construction purposes; or

(c)quartz (other than quartz crystals); or

(d)slate or gravel; or

(e)clay (other than fine clay, bentonite or kaolin); or

(ea)peat; or

(f)sand, earth or soil; or

(g)other similar materials;

stratum of land means a part of land consisting of a space of any shape below, on or above the surface of the land or partly below and partly above the surface of the land, all of the dimensions of which are limited;

tailings means any waste mineral, stone or other material that was produced during the course of mining (whether before or after 6 November 1991), and includes any mineral, stone or material that is or was discarded from plant or machinery used for extracting minerals;

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Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

unrestricted Crown land means any Crown land (whether reserved or not) other than—

(a)land to which paragraph (a) or (b) of section 6 applies; or

(b)restricted Crown land;

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*                *                *                *                *

work plan means a work plan lodged under section 40 or section 77G or varied under section 41AAB or 77HB;

worksite means any place where work is being done under a licence, an extractive industry work authority, a miner's right or tourist fossicking authority or where rehabilitation work is being done, or required to be done, under Part 7.

(2)If under the Public Administration Act 2004 the name of the Department is changed, a reference in the definition of Department in subsection (1) to the "Department of State Development, Business and Innovation" must, from the date when the name is changed, be treated as a reference to the Department by its new name.

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5Act to bind the Crown

(1)This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.

5AAApplication of this Act

(1)The provisions of this Act do not apply to or with respect to any extractive industry exempted by notice published in the Government Gazette by the Minister from compliance with any of those provisions of this Act relating to extractive industries whether unconditionally or on specified conditions and either wholly or to such an extent as is specified.

(2)Despite any contrary provision in any other Act administered by the Minister administering the Conservation, Forests and Lands Act 1987 if there is provision under any of those Acts to issue or grant a lease, licence, permit or authority allowing for the search for stone or the carrying out of an extractive industry, a person is not required to obtain such a lease, licence, permit or authority if the person has complied with the provisions of this Act relating to extractive industries with respect to the searching for stone or the carrying out of the extractive industry.

(3)Subsection (1) does not affect any lease, licence, permit or authority issued or granted under an Act administered by the Minister referred to in subsection (2).

(4)The provisions of this Act relating to extractive industries do not apply to or with respect to the extraction or removal of stone from land that is a farm if the stone is intended in good faith only to be used on that farm for the purposes of a dam or other farm works and not for sale or any other commercial use.

(5)The provisions of this Act relating to extractive industries do not apply to or with respect to the carrying out of any extractive activity within the meaning of the Catchment and Land Protection Act 1994.

5ABApplication of this Act to Alcoa land

(1)For the purposes of the provisions of this Act relating to extractive industries, land in the leased area within the meaning of the definition of leased area in the agreement set out in the Schedule to the Mines (Aluminium Agreement) Act 1961 is deemed to be private land of which Alcoa of Australia Proprietary Limited ACN 004 879 298 is the owner for any purpose other than the determination and payment of royalties to the Crown.

(2)The Minister must not grant an extractive industry work authority over any part of the leased area referred to in subsection (1) without the consent of the Minister administering the Conservation, Forests and Lands Act 1987.

5ABA   Leased area

(1)To avoid doubt, in this Act and in any other Act, the land within the meaning of the definition of leased area in the Agreement set out in the Mines (Aluminium Agreement) Act 1961 does not include any land that Alcoa of Australia Limited ACN 004 879 298 has surrendered its rights to under clause 10(8) of that Agreement.

(2)In this section—

Agreement has the same meaning as The Agreement has in section 2(a) of the Mines (Aluminium Agreement) Act 1961.

5AInteraction of this Act with native title legislation

(1)Any action taken under this Act must be taken in a way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994.

(2)Subject to subsection (1), it is declared that if native title exists over land, the land may still be dealt with under this Act.

(3)In this section, action includes—

(a)the granting of a licence under Part 2, permit, right or an authority under Part 5;

(b)undertaking any exploration, searching or mining.

6Land not available for exploration, mining and searching

(1)The following land is exempted from being subject to a licence or other authority under this Act—

(a)land that is a reference area under the Reference Areas Act 1978;

(b)land that is a national park, wilderness park or State park under the National Parks Act 1975, unless the land is covered by—

(i)a lease, licence, permit or authority under the Mines Act 1958 that must, by virtue of this Act, be treated as a mining licence or an exploration licence (including such a lease, licence, permit or authority that is renewed under this Act); or

(ii)a licence under this Act granted before the declaration of the national park, wilderness park or State park (including such a licence that is renewed after that declaration); or

(iii)a mining licence that is granted over land that was, immediately before the granting of the mining licence, covered by an exploration licence that was granted before the declaration of the national park, wilderness park or State park (including such a mining licence that is renewed after that declaration);

(ba)land that is a marine national park or a marine sanctuary under the National Parks Act 1975;

(c)land in respect of which an ongoing protection declaration is in force under the Aboriginal Heritage Act 2006;

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(e)land that is—

(i)under section 7 exempted from being subject to a licence; or

(ii)by or under any other Act exempted from exploration or mining, or being subject to a licence;

(f)land that is by or under any other Act exempted from—

(i)search for minerals or stone; or

(ii)the carrying out of an extractive industry; or

(iii)being subject to an authority under this Act.

(2)Despite subsection (1)(b), any area of a park that is the subject of a notice under section 32D(1) of the National Parks Act 1975 is not exempted from being subject to a miner's right or a tourist fossicking authority to the extent that any activity permitted under such a right or authority is consistent with an authorisation under section 32D(2)(b) of that Act in the area designated by the notice.

(3)Despite subsection (1), that part of the park described in Part 41 of Schedule Two to the National Parks Act 1975 that is shown by hatching on the plans lodged in the Central Plan Office and numbered N.P. 105A/4 and
N.P. 105B/4 is not exempt from being subject to a mining licence, to the extent of the entitlements set out in section 40(1D)(a) of that Act, or from being subject to an exploration licence.

6AALand not available for searching for stone

The Crown land Minister must not give consent under section 77A to search for stone on the following land—

(a)land that is a reference area under the Reference Areas Act 1978;

(b)except as provided for in section 40 of the National Parks Act 1975, land that is a national park, wilderness park, State park, marine national park or marine sanctuary under the National Parks Act 1975;

(c)land in respect of which an ongoing protection declaration is in force under the Aboriginal Heritage Act 2006.

6AExtent of application of licences and authorities under this Act to Deep Lead Nature Conservation Reserve (No. 2)

(1)Despite section 14, a mining licence issued over the Deep Lead Nature Conservation Reserve (No. 2) does not entitle the holder to carry out mining on the land surface of the whole or any part of the Reserve.

(2)Despite subsection (1), a mining licence granted over any part of the Deep Lead Nature Conservation Reserve (No. 2) may authorise the holder to construct and operate minor mining infrastructure on the land surface of the Reserve, if the Minister administering section 4 of the Crown Land (Reserves) Act 1978 has consented to any such construction or operation. Consent under this subsection must not be unreasonably withheld.

(3)A mining licence in respect of which a consent has been given under subsection (2) is subject to any terms and conditions imposed by the Minister administering section 4 of the Crown Land (Reserves) Act 1978 as to the nature of the infrastructure and as to the effect the infrastructure may have on the Reserve.

(4)Deep Lead Nature Conservation Reserve (No. 2) is exempted from being subject to a miner's right or tourist fossicking authority under Part 5.

(5)In this section Deep Lead Nature Conservation Reserve (No. 2) means the land described in section 35 of the Crown Land (Reserves) Act 1978.

7Minister may exempt land from being subject to a licence

(1)The Minister may, by writing signed by him or her, exempt any land from being subject to a licence.

(2)The Minister may grant an exemption for any reason he or she decides to be appropriate, including but not limited to the following reasons—

(a)if, in the Minister's opinion, the exemption is required to protect land that is of significant environmental importance;

(b)if, in the Minister's opinion, the exemption is required for the implementation of a recommendation of the Land Conservation Council of which notice has been given under section 10(3) of the Land Conservation Act 1970 as in force before its repeal;

(ba)if, in the Minister's opinion, the exemption is required for the implementation of a recommendation of the Victorian Environmental Assessment Council under the Victorian Environmental Assessment Council Act 2001 to the extent that it has been accepted by the Government;

(c)if, in the Minister's opinion, the exemption is necessary to enable the orderly and optimal development of mineral resources in Victoria.

(3)In deciding whether to grant an exemption, the Minister must take into account—

(a)the known or potential value of the mineral resources and the impact that the proposed exemption may have on that value; and

(b)the social and economic implications of the decision.

(4)The Minister must make sure that notice of an exemption is—

(a)published in the Government Gazette; and

(b)recorded in the mining register.

(5)The Minister may revoke an exemption by notice—

(a)published in the Government Gazette; and

(b)recorded in the mining register.

(6)The Minister may state in a notice revoking an exemption that the land that was the subject of the exemption is to become available for one or more licences on or after the date specified in the notice by the Minister.

(7)The Minister must ensure that a copy of the revocation of an exemption is lodged in the mining register.

7AMinister may declare meaning of graticular section

(1)The Minister may from time to time, by notice published in the Government Gazette, declare the meaning of a graticular section for the purposes of this Act.

(2)In making a declaration, the Minister may apply, adopt or incorporate (with or without modification) any matter contained in any document as at the time the declaration is made or at any time before then.

7BMinisters may declare low impact exploration activity

The Minister and the Minister administering the Conservation, Forests and Lands Act 1987 may from time to time, by notice published in the Government Gazette, jointly declare an exploration activity to be low impact exploration for the purposes of this Act.

7CMinisterial Order declaring specified mines and quarries

(1)The Minister, by Order published in the Government Gazette, may declare that a specified mine or quarry is a declared mine or declared quarry.

(2)The Minister must not make a declaration under subsection (1) in respect of a mine or quarry unless the Minister is satisfied that there are geotechnical, hydrogeological, water quality or hydrological factors within the mine or quarry that pose a significant risk to—

(a)public safety; or

(b)the environment; or

(c)infrastructure.

8Offence to search for minerals or do work without authority

(1)A person, other than the Crown, must not prospect, fossick or otherwise search for minerals, or carry out any exploration or mining, on any land unless—

(a)the person does so in accordance with a licence, a miner's right or tourist fossicking authority; or

(b)the person benefits from a relevant minerals exemption.

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

In any other case, 200 penalty units.

Default penalty:

In the case of a corporation, 20 penalty units.

In any other case, 10 penalty units.

(2)The owner of minerals that are taken from land in contravention of subsection (1) may recover from the person taking them, as a debt due to the owner of the minerals and recoverable in a court of competent jurisdiction, the value of the minerals taken.

(3)Subsection (1) applies to the extraction or removal of stone under a work authority relating to an extractive industry which would necessarily involve the mining of a mineral.

8AAOffence to search for stone without consent

A person must not search for stone or carry out any survey or other operation for the purpose of searching for stone—

(a)on Crown land without consent under section 77A(1) and any consent required under section 77A(2); or

(b)on any private land without—

(i)the consent of the owner of the land and any consent required under section 77A(2), if the body whose consent is required under that section is not the owner; or

(ii)the authority of the Minister under section 112 and any consent required under section 77A(2).

Penalty:50 penalty units.

8ABOffence to carry on extractive industry without authority

(1)A person must not carry out an extractive industry on any land without a current extractive industry work authority to carry out that extractive industry on that land.

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

In any other case, 200 penalty units.

(2)The holder of an extractive industry work authority and the manager of the place where the extractive industry is being carried out under the work authority must not carry out extractive industry under the work authority otherwise than—

(a)in accordance with the work authority; and

(b)in accordance with the approved work plan.

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

In any other case, 200 penalty units.

(3)The holder of an extractive industry work authority and the manager of the place where the extractive industry is being carried out under the work authority must comply with this Act and the regulations in doing any work under the work authority.

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

In any other case, 200 penalty units.

(4)A person who is convicted of an offence against this section is also liable to the following default penalty—

(a)in the case of a corporation, 20 penalty units;

(b)in any other case, 10 penalty units.

Note

For default penalties, see section 111A.

8ACOffence to carry out exploration or mining of coal seam gas

(1)A person must not carry out exploration for, or carry out mining of, coal seam gas on any land.

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

In any other case, 200 penalty units.

Default penalty:

In the case of a corporation, 20 penalty units.

In any other case, 10 penalty units.

(2)Subsection (1) does not apply to a person who is the holder of an exploration licence, a mining licence or a retention licence and who—

(a)in the course of carrying out exploration for, or mining of, a mineral other than coal seam gas in accordance with that licence, incidentally discovers or mines coal seam gas; and

(b)reports the discovery of coal seam gas in accordance with section 113A.

8ADOffence to carry out hydraulic fracturing

The holder of an exploration licence, a mining licence or a retention licence must not carry out any hydraulic fracturing on any land in the course of carrying out any exploration or mining under the licence.

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

In any other case, 200 penalty units.

Default penalty:

In the case of a corporation, 20 penalty units.

In any other case, 10 penalty units.

8AAerial surveys permitted without licence

(1)A person may undertake an aerial survey for the purpose of searching for minerals, or doing work preparatory to the search for minerals, without holding the authorisation required by section 8 if the person complies with subsection (2).

(2)The person must supply any information acquired during the course of the survey as if section 116 applied to the person and as if the survey was work done under a licence.

(3)A person conducting an aerial survey in accordance with this section may survey land covered by licences held by other people.

9Ownership of minerals

(1)The Crown owns all minerals except—

(a)those in respect of which a minerals exemption is current; and

(b)those in which the property has passed under section 11.

(2)A minerals exemption continues in operation after the commencement of this section until the exemption expires or is revoked.

(3)The Minister may, after giving 14 days' written notice to the person who benefits from a minerals exemption, transfer, vary or revoke that exemption.

(4)The person who benefits from a minerals exemption may apply to the Minister for a transfer, variation or revocation of the exemption, and the Minister may grant or refuse the application.

(5)Ownership of the minerals in respect of which a minerals exemption was granted reverts to the Crown when the exemption expires or is revoked.

10Tailings

Tailings are to be treated as part of the land on which they are situated, and minerals in them are owned by the Crown unless the property in them passes under section 11, or unless a minerals exemption is current in respect of them.

11Transfer of property in minerals

(1)The property in minerals passes from the Crown to the holder of a licence or a person searching under a miner's right or tourist fossicking authority when the minerals are separated from the land in accordance with the licence, miner's right or tourist fossicking authority.

(2)The property in minerals which are separated from the land otherwise than in accordance with a licence, miner's right or tourist fossicking authority remains in the Crown.

(3)Subsection (2) does not apply to minerals in respect of which a minerals exemption is current.

11AOwnership of stone

(1)All stone which is on or below the surface of any private land, despite any reservation in the Crown grant or in any Crown lease of the land, is not the property of the Crown but is the property of the owner of the land.

(2)A person who—

(a)holds an extractive industry work authority; or

(b)applies for an extractive industry work authority—

in respect of any stratum of private land immediately below which there is unalienated Crown land and who proposes to carry out an extractive industry on that unalienated Crown land is to be regarded as the owner of that Crown land for the purpose of obtaining a work authority for the carrying out of that extractive industry.

(3)Despite subsection (2), the stone in any Crown land to which that subsection applies remains the property of the Crown and that person must pay royalties for the stone extracted or removed from the land and the extractive industry work authority may provide for the determination and payment of royalties accordingly.

12Royalties

(1)Subject to section 12A, the holder of a mining licence or prospecting licence must pay royalties in accordance with the rate or method of assessment and at the times—

(a)specified in the licence, after consultation by the Minister with the licensee; or

(b)prescribed, if not specified in the licence.

(2)Without limiting subsection (1), the holder of a mining licence or prospecting licence must, unless the Minister decides otherwise, pay royalties in respect of the disposal under section 14(2)(b) or 14B(2A) (as the case requires) of tailings resulting from work under a licence over Crown land in accordance with the rate or method of assessment and at the times prescribed.

(3)The holder of an extractive industry work authority to be carried out on Crown land must pay royalties in accordance with the rate or method of assessment and at the times—

(a)specified in the work authority; or

(b)prescribed, if not specified in the work authority—

unless the Minister decides to waive or vary the royalties under subsection (4).

(4)The Minister may waive the requirement for any holder of an extractive industry work authority to pay royalties or vary the rate, method of assessment or times at which the royalty is to be paid by any holder of an extractive industry work authority if the Minister is satisfied that a royalty is being paid to the Crown or in any other circumstances in which the Minister is satisfied that it is appropriate that there should be such a waiver or variation.

12ARoyalties for lignite

(1)This section applies to the holder of a mining licence or prospecting licence if the holder mines lignite in accordance with the licence and has effect despite anything to the contrary specified in the licence or the regulations (other than regulations made for the purposes of subsection (2)).

(2)The holder of the mining licence or prospecting licence must pay royalties for the lignite in accordance with the prescribed rate.

(3)For the purposes of subsection (2), the prescribed rate is—

(a)the base amount per gigajoule unit of lignite produced; or

(b)if a different rate is prescribed in the regulations, that rate.

(4)Without limiting subsection (2), the holder of a mining licence or prospecting licence must, unless the Minister decides otherwise, pay royalties in respect of the disposal under section 14(2)(b) or 14B(2A) (as the case requires) of tailings resulting from work under a licence over Crown land in accordance with the rate or method of assessment and at the times prescribed.

(5)In this section—

base amount means—

(a)for the period commencing on 1 July 2016 and ending on 31 December 2016, the amount determined in accordance with the following formula—

where—

Ais the consumer price index number for the reference period ending on 30 June 2016;

Bis the consumer price index number for the financial year ending on 30 June 2005; and

(b)for the period commencing on 1 January 2017 and ending on 30 June 2017, the amount determined in accordance with the following formula—

where—

Cis the consumer price index number for the financial year ending on 30 June 2016; and

(c)for the financial year ending on 30 June 2018 and each subsequent financial year, the amount determined in accordance with the following formula—

where—

Dis the amount calculated under paragraph (b);

Eis the consumer price index number for the reference period ending on 30 June immediately preceding the financial year for which the determined amount is being calculated;

Fis the consumer price index number for the financial year ending on 30 June 2016;

consumer price index number means the all groups consumer price index number for Melbourne in original terms published by the Australian Bureau of Statistics;

gigajoule unit of lignite means a quantity of lignite which, when mined and measured at a prescribed time and in the prescribed manner, has a net wet specific energy content of 1 gigajoule.

PART 2—EXPLORATION LICENCES, MINING, PROSPECTING AND RETENTION LICENCES

Division 1—General licence provisions

13Exploration licences

(1)The holder of an exploration licence is, subject to section 43(1), entitled to carry out exploration on the land covered by the licence.

(2)An exploration licence must describe the land by reference to graticular sections (whether whole or part), unless the Minister decides otherwise.

(3)An exploration licence—

(a)is current for the time specified in the licence (unless it is surrendered or cancelled earlier or unless this Act otherwise provides); and

(b)may be renewed in accordance with the provisions of this Part; and

(c)applies to the area, not less than 1 nor more than 500 graticular sections, specified in the licence, unless the Minister decides otherwise.

(4)In issuing an exploration licence, the Minister may specify on the licence that it is to remain current for a period of up to 5 years from the date on which it is registered.

(5)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, an exploration licence is declared not to be personal property.

14Mining licences

(1)The holder of a mining licence is, subject to section 42(1), entitled to carry out mining on the land covered by the licence and—

(a)to explore for minerals; and

(b)to construct any facilities specified in the licence, including drives, roads, water races, tailing dumps, tailing dams, drains, dams, reservoirs and pipe-lines; and

(c)to do anything else that is incidental to that mining.

(2)The licensee may—

(a)use, for any mining purpose, any tailings produced by the licensee during work under the licence or a former licence or a former title within the meaning of clause 2 of Schedule 2 (whether before or after 6 November 1991); or

(b)with the consent of the Minister and in accordance with any conditions imposed by the Minister on that consent, dispose of any tailings referred to in paragraph (a).

(2A)A licensee must not dispose of any tailings referred to in subsection (2)(a) otherwise than with the consent of the Minister under subsection (2)(b) and in accordance with any conditions imposed by the Minister on that consent.

Penalty applying to this subsection: 60 penalty units.

(3)A mining licence—

(a)is current for the time specified in the licence, not exceeding 20 years from the date on which it is registered unless the Minister decides otherwise; and

(b)may be renewed in accordance with the provisions of this Part; and

(c)applies to the land described in the licence.

(4)The area of the land described in a licence must not exceed 260 hectares, unless the Minister decides a greater area may be required to mine a mineral resource.

(5)A mining licence does not entitle the holder of the licence to only explore for a mineral resource during the currency of the licence.

(6)However, the Minister may, by notice in writing, authorise the holder of such a mining licence to only explore for minerals for a specified period of up to 2 years.

(7)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a mining licence is declared not to be personal property.

14ALicence may be limited to stratum of land

A licence may be granted—

(a)for a stratum of land; or

(b)without being limited to a particular stratum—

and references in this Act to land must be construed accordingly.

14BProspecting licences

(1)The holder of a prospecting licence is entitled—

(a)to prospect or explore for minerals; and

(b)to carry out mining on the land covered by the licence; and

(c)to do anything else that is incidental to that mining.

(2)To avoid doubt, the holder of a prospecting licence is entitled to apply for a mining licence or retention licence in respect of the land covered by the licence.

(2A)The holder of a prospecting licence may with the consent of the Minister, and in accordance with any conditions imposed by the Minister on that consent, dispose of any tailings produced by the holder during work under the licence.

(3)A prospecting licence—

(a)is current for the time specified in the licence, not exceeding 7 years from the date on which it is registered; and

(b)cannot be renewed; and

(c)applies to the land described in the licence.

(4)The area of the land described in a prospecting licence must not exceed 5 hectares.

(5)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a prospecting licence is declared not to be personal property.

14BAHolder of prospecting licence must not dispose of tailings contrary to Minister's consent

A holder of a prospecting licence must not dispose of any tailings contrary to any consent of the Minister under section 14B(2A).

Penalty:60 penalty units.

14CRetention licences

(1)The holder of a retention licence is entitled—

(a)to retain rights to a mineral resource in the land covered by the licence—

(i)that is not economically viable to mine but may become economically viable to mine in the future; or

(ii)for the purpose of sustaining the operations of an existing mine; and

(b)to explore and carry out other work to establish the economic viability of mining a mineral resource in the land covered by the licence.

(2)To avoid doubt, the holder of a retention licence is entitled to—

(a)apply for a mining licence in respect of the land covered by the licence; or

(b)give consent to another person to apply for a mining licence in respect of the land covered by the licence.

(3)A retention licence—

(a)is current for the time specified in the licence, not exceeding 10 years from the date on which it is registered; and

(b)may be renewed in accordance with the provisions of this Part; and

(c)applies to the land described in the licence.

(4)The area of the land described in a licence is the area the Minister determines as the area that may be required for the purpose of mining a mineral resource in the future.

(5)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a retention licence is declared not to be personal property.

Division 2—Licence process

14ABApplication 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.

15Application for a licence

(1)A person may apply to the Minister in accordance with the regulations for an exploration licence, a mining licence, prospecting licence or retention licence.

(1A)An application for a licence is ineffective, and must not be accepted by the Minister, to the extent that it is for—

(a)a licence over land that is covered by a mining licence or that is the subject of an application for a mining licence; or

(b)an exploration licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence; or

(ba)a prospecting licence over land that is covered by a prospecting licence or that is the subject of an application for a prospecting licence; or

(bb)a retention licence over land that is covered by a retention licence or that is the subject of an application for a retention licence; or

(c)a mining licence over land that is covered by an exploration licence or a prospecting licence or retention licence unless—

(i)the applicant is the holder of the exploration licence, prospecting licence or retention licence; or

(ii)the application is accompanied by the written consent of the holder of the exploration licence, prospecting licence or retention licence to the granting of the licence; or

*                *                *                *                *

(ca)a prospecting licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence unless—

(i)the applicant is the holder of, or the applicant for, the exploration licence; or

(ii)the application is accompanied by the written consent of the holder of, or the applicant for, the exploration licence to the granting of the licence; or

(iii)the exploration licence was first registered more than 2 years before the application for the prospecting licence was lodged; or

(cb)a prospecting licence over land that is covered by a retention licence or that is the subject of an application for a retention licence unless—

(i)the applicant is the holder of, or the applicant for, the retention licence; or

(ii)the application is accompanied by the written consent of the holder of, or the applicant for, the retention licence to the granting of the licence; or

(cc)a retention licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence unless—

(i)the applicant is the holder of, or the applicant for, the exploration licence; or

(ii)the application is accompanied by the written consent of the holder of, or the applicant for, the exploration licence to the granting of the licence; or

(cd)a retention licence over land that is covered by a prospecting licence or that is the subject of an application for a prospecting licence unless—

(i)the applicant is the holder of, or the applicant for, the prospecting licence; or

(ii)the application is accompanied by the written consent of the holder of, or the applicant for, the prospecting licence to the granting of the licence; or

(d)a licence over land in respect of which an application for a licence has already been made (unless the application is made on the same day as the other application); or

(e)a licence over land that is subject to the tender process under section 27; or

(f)a licence over land that is the subject of an exemption under section 6 or 7; or

(g)a prospecting licence over land that abuts land covered by an adjoining prospecting licence and—

(i)that application has been made within 2 years after the registration of the adjoining prospecting licence; or

(ii)the land to be covered by that application and land covered by other prospecting licences will form a contiguous area of land that exceeds 20 hectares; or

(ga)a prospecting licence over land that abuts land that is the subject of an application for a prospecting licence; or

(h)a licence over land that was covered by a previous licence if the application is lodged less than 28 days after the previous licence ceased to apply to the land; or

(i)a licence over land that was the subject of a previous application if the application is lodged less than 28 days after the previous application lapsed, or was withdrawn, rejected or not accepted.

(1AB)Subsection (1A)(h) and (i) do not apply if—

(a)the person who applied for the licence is the holder of an exploration licence, mining licence or retention licence covering land that surrounds the area of the application; and

(b)the land was previously covered by—

(i)a mining licence not exceeding 5 hectares; or

(ii)a prospecting licence; or

(iii)an application for a prospecting licence.

(1B)An application of a kind described in paragraphs (a) to (e) of subsection (1A) must be taken to be an application for an exploration licence, mining licence, prospecting licence or retention licence (as the case requires) over any other land to which it relates.

(1BA)An application for a licence must specify the mineral or minerals to which the licence will relate.

(1BAA)An application for an exploration licence, a mining licence or a retention licence is ineffective, and must not be accepted by the Minister, to the extent that it specifies that the licence is to relate to coal seam gas.

(1BB)An application for a mining licence (other than an infrastructure mining licence) or a retention licence must describe, in accordance with the guidelines issued by the Minister, a mineral resource.

(1BC)In addition, an application for a retention licence must specify the area of land that the licence will cover and the reasons for that coverage.

(1BD)To avoid doubt, an application for an exploration licence or a prospecting licence is not required to describe a mineral resource.

(1BE)If the mineral resource described in an application referred to in subsection (1BB) is not being mined from the land that will be covered by the licence being applied for, the application must include a report (a mineralisation report) prepared by a competent person that—

Extractive Industries Development Act 1995, No. 67/1995

Assent Date:	17.10.95
Commencement Date:	S. 60(2) on 17.10.95: s. 2(1); s. 60(3) on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Heritage Act 1995, No. 93/1995 (as amended by No. 66/1997)

Assent Date:	5.12.95
Commencement Date:	S. 218(1)(Sch. 2 items 5.1–5.3) on 23.5.96: Government Gazette 23.5.96 p. 1248; s. 218(2)(Sch. 2 items 9.1, 9.2) on 23.5.98: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Heritage (Amendment) Act 1997, No. 18/1997

Assent Date:	6.5.97
Commencement Date:	S. 4 on 5.12.95: s. 2(2); rest of Act on 6.5.97: s. 2(1)
CurrentState:	All of Act in operation

Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998

Assent Date:	19.5.98
Commencement Date:	S. 18 on 26.6.98: Government Gazette 25.6.98 p. 1561
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998 (as amended by No. 101/1998)

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 64) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date:	10.11.98
Commencement Date:	S. 31 on 15.12.98: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Transfer of Land (Single Register) Act 1998, No. 85/1998 (as amended by No. 74/2000)

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 42) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Assent Date:	21.11.00
Commencement Date:	S. 60 on 1.1.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 83) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources Development (Amendment) Act 2000, No. 82/2000

Assent Date:	28.11.00
Commencement Date:	Ss 60, 69 on 29.11.00: s. 2(1); ss 3–59, 61–68, 70–73 on 31.7.01: Government Gazette 26.7.01 p. 1703
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 82) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources Development (Further Amendment) Act 2001, No. 71/2001

Assent Date:	7.11.01
Commencement Date:	Ss 3(1), 4–6 on 8.11.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Accident Compensation (Amendment) Act 2001, No. 82/2001

Assent Date:	11.12.01
Commencement Date:	S. 34 on 28.10.02: Government Gazette 24.10.02 p. 2859
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

National Parks (Marine National Parks and Marine Sanctuaries) Act 2002, No. 40/2002

Assent Date:	18.6.02
Commencement Date:	S. 29 on 16.11.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002

Assent Date:	29.10.02
Commencement Date:	Ss 20–24 on 30.10.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Fisheries (Amendment) Act 2003, No. 56/2003

Assent Date:	16.6.03
Commencement Date:	S. 11(Sch. item 12) on 17.6.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

National Parks (Additions and Other Amendments) Act 2004, No. 64/2004

Assent Date:	12.10.04
Commencement Date:	S. 34 on 13.10.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004

Assent Date:	19.10.04
Commencement Date:	S. 56 on 20.10.04: s. 2(1); s. 55 on 1.4.05: Government Gazette 24.3.05 p. 546
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 134) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 69) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources Development (Brown Coal Royalties) Act 2005, No. 89/2005

Assent Date:	29.11.05
Commencement Date:	1.1.06: s. 2
CurrentState:	All of Act in operation

Aboriginal Heritage Act 2006, No. 16/2006 (as amended by No. 63/2006)

Assent Date:	9.5.06
Commencement Date:	S. 198(Sch. 2 item 5) on 28.5.07: Government Gazette 24.5.07 p. 921
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Statute Law (Further Revision) Act 2006, No. 29/2006

Assent Date:	6.6.06
Commencement Date:	S. 3(Sch. 1 item 23) on 7.6.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 33) on 1.7.06: Government Gazette 29.6.06 p. 1315
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

National Parks and Crown Land (Reserves) Acts (Amendment) Act 2006, No. 57/2006

Assent Date:	15.8.06
Commencement Date:	S. 31 on 16.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	Ss 4, 5, 6(1)(3), 7–25, 26(1)(3)(4), 27(1)–(3), 29–55, 57, 58 on 30.8.06: s. 2(1); ss 6(2), 26(2), 27(4), 28, 56 on 1.10.07: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006

Assent Date:	10.10.06
Commencement Date:	S. 26(Sch. item 71) on 11.10.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Energy and Resources Legislation Amendment Act 2008, No. 25/2008

Assent Date:	3.6.08
Commencement Date:	Ss 12–16 on 4.6.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

National Parks and Crown Land (Reserves) Acts Amendment Act 2008, No. 54/2008

Assent Date:	23.9.08
Commencement Date:	S. 23 on 9.11.08: Government Gazette 6.11.08 p. 2574
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date:	3.3.09
Commencement Date:	Ss 4–40 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Energy and Resources Legislation Amendment Act 2009, No. 57/2009

Assent Date:	21.10.09
Commencement Date:	Ss 28, 30, 31 on 1.1.10: Government Gazette 10.12.09 p. 3215; ss 23, 24, 32 on 27.1.10: Special Gazette (No. 33) 27.1.10 p. 1; ss 25–27, 29 on 30.6.10: Special Gazette (No. 255) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009

Assent Date:	24.11.09
Commencement Date:	S. 54(Sch. Pt 1 item 37), (Sch. Pt 2 item 36) on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009

Assent Date:	8.12.09
Commencement Date:	S. 42(1)(4) on 29.6.10: Government Gazette 24.6.10 p. 1274; s. 42(2)(3) on 30.9.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Parks and Crown Land Legislation Amendment (East Gippsland) Act 2009, No. 90/2009

Assent Date:	15.12.09
Commencement Date:	S. 25 on 20.8.10: Government Gazette 19.8.10 p. 1799
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Energy and Resources Legislation Amendment Act 2010, No. 55/2010

Assent Date:	14.9.10
Commencement Date:	Ss 47–56 on 14.10.10: Government Gazette 14.10.10 p. 2404
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources Amendment (Sustainable Development) Act 2010, No. 59/2010 (as amended by No. 29/2011)

Assent Date:	14.9.10
Commencement Date:	Ss 37, 41, 42, 51 on 14.10.10: Government Gazette 14.10.10 p. 2405; ss 4–36, 38–40, 43–50 on 1.2.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	S. 140 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Personal Property Securities (Statute Law Revision and Implementation) Act 2010, No. 74/2010

Assent Date:	19.10.10
Commencement Date:	S. 28 on 30.1.12: Special Gazette (No. 423) 21.12.11 p. 3
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Subordinate Legislation Amendment Act 2010, No. 78/2010

Assent Date:	19.10.10
Commencement Date:	S. 24(Sch. 1 item 20) on 1.1.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 items 60.1, 60.2) on 1.1.10: s. 2(2)(e); s. 3(Sch. 1 item 60.3) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Resources Legislation Amendment Act 2011, No. 53/2011 (as amended by No. 43/2012)

Assent Date:	18.10.11
Commencement Date:	Ss 3–6 on 20.3.12: Special Gazette (No. 91) 20.3.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Water Amendment (Governance and Other Reforms) Act 2012, No. 17/2012

Assent Date:	3.4.12
Commencement Date:	S. 92 on 1.7.12: Special Gazette (No. 172) 29.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Statute Law Revision Act 2012, No. 43/2012

Assent Date:	27.6.12
Commencement Date:	S. 3(Sch. item 30) on 28.6.12: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Resources Legislation Amendment (General) Act 2012, No. 64/2012 (as amended by No. 70/2013)

Assent Date:	30.10.12
Commencement Date:	Ss 13–40 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources (Sustainable Development) Amendment Act 2012, No. 84/2012 (as amended by No. 70/2013)

Assent Date:	18.12.12
Commencement Date:	Ss 4–8 on 1.2.13: Special Gazette (No. 27) 29.1.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	Ss 3(Sch. 1 item 34), 4(Sch. 2 item 32) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources (Sustainable Development) Amendment Act 2014, No. 10/2014 (as amended by No. 47/2015)

Assent Date:	25.2.14
Commencement Date:	Ss 4(1)(2)(4)(5), 5, 6, 8–15, 17–26, 28–42 on 1.11.14: s. 2(2); ss 4(3), 16, 27 on 8.12.15: Special Gazette (No. 389) 8.12.15 p. 1; s. 7 on 31.12.16: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 64) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Sale of Land Amendment Act 2014, No. 33/2014

Assent Date:	13.5.14
Commencement Date:	S. 12 on 1.10.14: Special Gazette (No. 282) 26.8.14 p. 1
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Treasury Legislation and Other Acts Amendment Act 2014, No. 44/2014

Assent Date:	27.6.14
Commencement Date:	S. 33(Sch. item 16) on 30.6.14: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Inquiries Act 2014, No. 67/2014

Assent Date:	23.9.14
Commencement Date:	S. 147(Sch. 2 item 26) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014

Assent Date:	23.9.14
Commencement Date:	Ss 14–24, 26–62, 65 on 1.9.15: s. 2(3)
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Resources Legislation Amendment Act 2015, No. 47/2015

Assent Date:	22.9.15
Commencement Date:	Ss 5–16 on 23.9.15: s. 2
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016

Assent Date:	5.4.16
Commencement Date:	Ss 11–13 on 5.8.16: Special Gazette (No. 239) 2.8.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

State Taxation and Other Acts Amendment Act 2016, No. 40/2016

Assent Date:	28.6.16
Commencement Date:	S. 31 on 29.6.16: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

National Parks and Victorian Environmental Assessment Council Acts Amendment Act 2016, No. 44/2016

Assent Date:	23.8.16
Commencement Date:	S. 30 on 7.9.16: Special Gazette (No. 278) 6.9.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Heritage Act 2017, No. 7/2017

Assent Date:	15.3.17
Commencement Date:	S. 304 on 1.11.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Resources Legislation Amendment (Fracking Ban) Act 2017, No. 8/2017

Assent Date:	15.3.17
Commencement Date:	Ss 3–7 on 16.3.17: s. 2
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, No. 22/2017 (as amended by No. 32/2019)

Assent Date:	30.5.17
Commencement Date:	Ss 4, 5, 9, 10 on 15.6.17: Special Gazette (No. 195) 14.6.17 p. 1; ss 6(1), 7, 8 on 1.7.20: s. 2(2); s. 6(2) never proclaimed, repealed by No. 32/2019 s. 50
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	Ss 15–17 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 89) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	S. 247 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Environment Protection Amendment Act 2018, No. 39/2018 (as amended by No. 11/2020)

Assent Date:	28.8.18
Commencement Date:	Ss 24–27 on 1.7.19: s. 2(3) (as amended by No. 39/2018 s. 54); s. 44 on 1.7.21: Special Gazette (No. 124) 16.3.21 p. 1
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Flora and Fauna Guarantee Amendment Act 2019, No. 28/2019

Assent Date:	10.9.19
Commencement Date:	S. 52 on 1.6.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources (Sustainable Development) Amendment Act 2019, No. 32/2019

Assent Date:	17.9.19
Commencement Date:	Ss 54–62 on 18.9.19: s. 2(1); ss 4–49 on 30.6.20: s. 2(3); s. 48 on 30.6.21: s. 48
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Transport Legislation Amendment Act 2019, No. 49/2019

Assent Date:	3.12.19
Commencement Date:	S. 186(Sch. 4 item 29) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1
CurrentState:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020, No. 1/2020

Assent Date:	11.2.20
Commencement Date:	Ss 140, 141 on 1.7.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020

Assent Date:	1.12.20
Commencement Date:	S. 60 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1; s. 61 on 1.5.21: Special Gazette (No. 189) 27.4.21 p. 1
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Mineral Resources (Sustainable Development) Amendment Act 2023, No. 23/2023

Assent Date:	29.8.23
Commencement Date:	Ss 7–12 on 20.10.25: Special Gazette (No. 557) 14.10.25 p. 1
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Regulatory Legislation Amendment (Reform) Act 2025, No. 14/2025

Assent Date:	20.5.25
Commencement Date:	Ss 42–48 on 21.5.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 28) on 6.8.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025, No. 47/2025

Assent Date:	25.11.25
Commencement Date:	S. 48 on 26.11.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Mineral Resources (Sustainable Development) Act 1990

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3   Explanatory details

[1] S. 4(1) def. of petroleum: See also Petroleum Act 1998, No. 96/1998.

[2] S. 15(5): See section 4(1) definition of land affected.

[3] S. 43(1)(c): See note 2.

[4] S. 43(1)(d)(ii): See note 2.

[5] S. 43(1)(e): See note 2.

[6] S. 43(1)(e)(i): See note 2.

[7] S. 43(1)(e)(iv): See note 2.

[8] S. 80(6): The amendment proposed by section 24(6) of the Resources Industry Legislation Amendment Act 2009, No. 6/2009 (repealed) is not included in this publication because the words "the licensee" do not appear in section 80(6).

Section 24(6) read as follows:

24Rehabilitation bond

(6)In section 80(6) of the Principal Act, for "the licensee" substitute "the authority holder".