Mineral Resources (Sustainable Development) Amendment Act 2019 (Vic)
Mineral Resources (Sustainable Development) Amendment Act 2019
No. 32 of 2019
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Rehabilitation of declared mine land
Division 1—Amendment of Mineral Resources (Sustainable Development) Act 1990
4Definitions
5Ministerial Order declaring specified mines and quarries
6Cancellation of licence
7Application for variation of work plan
8Approval of variation of work plan
9Return of bond if rehabilitation satisfactory
10Minister may carry out rehabilitation
11New section 83A inserted
12Heading to Part 7A substituted
13Definitions
14Meaning of regulatory framework
15Division 2 of Part 7A substituted
16Functions and powers of the Commissioner
17Commissioner to have regard to objective, regional rehabilitation strategy and regulatory framework
18Staff to be provided
19Assistance to be provided by the Department Head
20Section 84AP substituted
21Heading to Division 4 of Part 7A amended
22Minister may refer a matter for investigation to the Commissioner
23Power of entry and inspection without consent
24Occupier or apparent occupier of land must assist Commissioner or authorised officer to enter
25Occupier or apparent occupier of land must assist Commissioner or authorised officer to inspect
26Authorised officers under this Division
27Giving of documents or other things to the Commissioner by Latrobe Valley licensees
28Giving of documents or other things to the Commissioner by public sector bodies
29Confidentiality of document or other thing given under a notice
30Heading to Division 6 of Part 7A amended
31Definition
32Notice requiring documents or information from public sector body
33Notice requiring documents or information from Latrobe Valley licensee
34Commissioner must prepare framework
35Making the monitoring framework
36Amendment of monitoring framework
37Making an amendment to the monitoring framework
38Heading to Division 8 of Part 7A amended
39Report of referral investigation
40Annual report of Commissioner
41Consultation
42Section 84AZK substituted
43Minister must consult
44New Part 7C inserted
45Notice requiring authority holder to take action or stop work
46New sections 110B and 110C inserted
47Regulations
48Repeal of transitional regulation-making powers
49New section 142 inserted
Division 2—Amendment of Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017
50Definitions
51Functions and powers of the Commissioner
52Amendments to new Division 7 of Part 7A
Division 3—Amendment of other Acts
53Schedule 2 to the Criminal Procedure Act 2009 amended
Part 3—Further amendment of Mineral Resources (Sustainable Development) Act 1990
54Prospecting licences
55New section 24A inserted
56Grant or refusal of licence
57Application of Act to licence application
58Grant or refusal of licence
59Grant or refusal of licence
60Statute law revision
61Compensation agreement
62New section 141 inserted
Part 4—Repeal of this Act
63Repeal of this Act
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Endnotes
1 General information
Mineral Resources (Sustainable Development) Amendment Act 2019
No. 32 of 2019
[Assented to 17 September 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Mineral Resources (Sustainable Development) Act 1990—
(i)to establish the Mine Land Rehabilitation Authority; and
(ii)to establish the Board of the Mine Land Rehabilitation Authority; and
(iii)to provide for the rehabilitation of declared mine land; and
(iv)to provide for the establishment of the declared mine land register; and
(v)to establish the Declared Mine Fund; and
(b)to amend the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017 to make consequential amendments as a result
of the establishment of the Mine Land Rehabilitation Authority; and
(c)to make minor and consequential amendments to the Mineral Resources (Sustainable Development) Act 1990 and to other Acts.
2Commencement
(1)This Act (except Divisions 1 and 3 of Part 2) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), Divisions 1 and 3 of Part 2 come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 30 June 2020, it comes into operation on that day.
3Principal Act
In this Act, the Mineral Resources (Sustainable Development) Act 1990 is called the Principal Act.
Part 2—Rehabilitation of declared mine land
Division 1—Amendment of Mineral Resources (Sustainable Development) Act 1990
4Definitions
(1)In section 4(1) of the Principal Act insert the following definitions—
"closure criteria—see section 84AZU(3)(b);
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);
Ministerial direction means a direction made or varied under section 84AZT;
post-closure plan—see section 84AZU(3)(c);
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;
Rehabilitation Authority means the Mine Land Rehabilitation Authority established under section 84AD;".
(2)In section 4(1) of the Principal Act, the definition of Commissioner is repealed.
5Ministerial Order declaring specified mines and quarries
In section 7C(2) of the Principal Act, for "geotechnical or hydrogeological" substitute "geotechnical, hydrogeological, water quality or hydrological".
6Cancellation of licence
After section 38(1B)(a) of the Principal Act insert—
"(ab)in the case of a mining licence relating to declared mine land, if the declared mine licensee has not complied with a declared mine rehabilitation plan; or".
7Application for variation of work plan
(1)In section 41(4A) of the Principal Act—
(a)for "coal mine land" substitute "declared mine land";
(b)for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 41(7) of the Principal Act, for "Commissioner" (where twice occurring) substitute "Rehabilitation Authority".
(3)In section 41(7)(a)(iii), (iv) and (v) of the Principal Act, for "coal mine land" substitute "declared mine land".
8Approval of variation of work plan
In section 41AAB(2)(ea) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
9Return of bond if rehabilitation satisfactory
(1)In section 82(1) of the Principal Act—
(a)in paragraph (b), for "successful." substitute "successful; and";
(b)after paragraph (b) insert—
"(c)in the case that the land or any part of the land is declared mine land, that the closure criteria that apply to the declared mine land have been met.".
(2)For section 82(3) of the Principal Act substitute—
"(3)The Minister may, as a condition of returning a bond or bonds to an authority holder or a former authority holder, require that holder to enter a further rehabilitation bond if—
(a)any land or part of the land to which the bond relates has not been rehabilitated, or requires further rehabilitation; or
(b)in the case that the land or any part of the land to which the bond relates is declared mine land, it has not been rehabilitated, or requires further rehabilitation in accordance with the declared mine rehabilitation plan that applies to it.".
10Minister may carry out rehabilitation
After section 83(1)(a) of the Principal Act insert—
"(ab)in the case that the land or any part of the land is declared mine land, is not satisfied that the land has been rehabilitated; or
(ac)in the case that the land or any part of the land is declared mine land, is satisfied that the declared mine land requires further rehabilitation in accordance with the declared mine rehabilitation plan that applies to it; or".
11New section 83A inserted
After section 83 of the Principal Act insert—
"83A Payment of bond into Declared Mine Fund on cancellation of licence
If the Minister cancels a mining licence relating to declared mine land of an authority holder who has not complied with a declared mine rehabilitation plan, the balance of a rehabilitation bond or bonds may be paid into the Declared Mine Fund.".
12Heading to Part 7A substituted
For the heading to Part 7A of the Principal Act substitute—
"Part 7A—Mine Land Rehabilitation Authority".
13Definitions
In section 84AA of the Principal Act—
(a)insert the following definition—
"Board means the Board of the Rehabilitation Authority established under section 84AD;";
(b)in the definition of rehabilitation planning activity, for "Latrobe Valley licensee to plan in relation to the rehabilitation of coal mine land" substitute "declared mine licensee to plan in relation to the rehabilitation of declared mine land";
(c)for paragraph (e) of the definition of rehabilitation planning activity substitute—
"(e)the preparation of a declared mine rehabilitation plan.".
14Meaning of regulatory framework
In section 84AC of the Principal Act, for "coal mine" (where twice occurring) substitute "declared mine".
15Division 2 of Part 7A substituted
For Division 2 of Part 7A of the Principal Act substitute—
"Division 2—Establishment of Rehabilitation Authority and the Board
84ADMine Land Rehabilitation Authority
(1)The Mine Land Rehabilitation Authority is established.
(2)The Rehabilitation Authority—
(a)is a body corporate with perpetual succession; and
(b)may sue and be sued; and
(c)may acquire, hold and dispose of real and personal property; and
(d)subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer.
(3)The official seal of the Rehabilitation Authority must be kept as directed by the Rehabilitation Authority and must not be used except as authorised by the Rehabilitation Authority.
84AEObjectives of the Rehabilitation Authority
The objectives of the Rehabilitation Authority are—
(a)to provide assurance to the Victorian community—
(i)that public sector bodies and the Latrobe Valley licensees are implementing the regional rehabilitation strategy; and
(ii)that public sector bodies and the declared mine licensees are planning for the rehabilitation and ongoing management of declared mine land; and
(b)to promote the participation of the community and stakeholders from the Latrobe Valley, in the implementation of the regional rehabilitation strategy; and
(c)to promote the effective and consistent rehabilitation of coal mine land in accordance with the regional rehabilitation strategy; and
(d)to promote the sustainable and beneficial use of coal mine land in accordance with the regional rehabilitation strategy; and
(e)to promote the effective and consistent rehabilitation of declared mine land in accordance with any Ministerial direction.
84AFRehabilitation Authority powers relating to property
The Rehabilitation Authority—
(a)may acquire and hold any property for the purposes of this Part and Parts 7B and 7C; and
(b)has control and management of all property vested in or acquired by the Rehabilitation Authority; and
(c)may dispose of property of the Rehabilitation Authority.
84AGBoard of Rehabilitation Authority
(1)The Rehabilitation Authority is to have a governing body called a Board.
(2)The Board is responsible for the management of the affairs of the Rehabilitation Authority.
(3)The Board consists of—
(a)a chairperson; and
(b)a deputy chairperson; and
(c)a member; and
(d)up to 3 other members.
84AHAppointment of members of the Board
The Governor in Council, on the recommendation of the Minister, by instrument, may appoint a person as a member of the Board.
84AIRemuneration
A member of the Board is entitled to the remuneration and allowances determined from time to time by the Governor in Council.
84AJTerms and conditions of appointment
(1)A member of the Board—
(a)holds office for the period, not exceeding 5 years, specified in the instrument of appointment and is eligible for reappointment; and
(b)is appointed on a full-time or part-time basis, as specified in the instrument of appointment; and
(c)holds office on the terms and conditions determined by the Governor in Council.
(2)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a member of the Board in respect of that office.
84AKActing appointment
(1)The Governor in Council, on the recommendation of the Minister, by instrument, may appoint a person to act
as a member of the Board—
(a)during any period when the member of the Board is absent; or
(b)during any period when the member of the Board is unable to perform the duties of the office.
(2)An appointment under subsection (1) is for the period, not exceeding 12 months, that is specified in the instrument of appointment.
(3)A person appointed under subsection (1) is entitled to be paid the same remuneration and allowances as the member of the Board.
(4)A person appointed under subsection (1) holds office on the terms and conditions determined by the Governor in Council.
(5)The Public Administration Act 2004 (other than Part 3 of that Act) applies to a person acting as the member of the Board in respect of that office.
(6)While a person is acting as the member of the Board, the person has all the powers and may perform any of the functions of the member of the Board.
(7)The Governor in Council may revoke an appointment under subsection (1) at any time.
84AKAResignation
A member of the Board ceases to hold office if the member of the Board resigns by notice given to the Minister.
84AKBRemoval from office
The Governor in Council, on the recommendation of the Minister, at any time may remove the member of the Board on any of the following grounds—
(a)misconduct;
(b)neglect of duty;
(c)inability to perform the functions and powers of the member of the Board;
(d)any other ground on which the Governor in Council is satisfied that the member of the Board should not be the member of the Board.
84AKCChairperson of the Board
(1)The Governor in Council may, on the recommendation of the Minister, appoint a member of the Board to be chairperson of the Board.
(2)A member of the Board is eligible to be appointed to be chairperson of the Board if the member has expertise relating to the rehabilitation of mines.
(3)The chairperson may resign that office by notice in writing signed by the chairperson and delivered to the Minister.
84AKDDeputy chairperson of the Board
(1)The Governor in Council, on the recommendation of the Minister, must appoint one of the members of the Board to be the deputy chairperson of the Board.
(2)The deputy chairperson may resign that office by notice in writing signed by the deputy chairperson and delivered to the Minister.".
16Functions and powers of the Commissioner
(1)In the heading to section 84AL of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 84AL(1) of the Principal Act—
(a)for "Commissioner" substitute "Rehabilitation Authority";
(b)in paragraph (b), for "Latrobe Valley" substitute "declared mine";
(c)for paragraph (d) substitute—
"(d)to review any research plan in relation to the rehabilitation of declared mine land prepared by a declared mine licensee and make recommendations, if any, following a review to the relevant declared mine licensee;";
(d)in paragraph (f)—
(i)for "coal mine" substitute "declared mine";
(ii)for "Latrobe Valley" substitute "declared mine";
(e)in paragraph (g)(iv), for "Latrobe Valley" substitute "declared mine";
(f)in paragraph (h)—
(i)in subparagraph (ii), for "Commissioner" substitute "Rehabilitation Authority";
(ii)in subparagraphs (iii) and (iv), for "coal mine" substitute "declared mine";
(g)in paragraph (h)(vi), for "rehabilitation plans of the Latrobe Valley" substitute "declared mine rehabilitation plans of the declared mine";
(h)in paragraph (i), for "coal mine" substitute "declared mine";
(i)in paragraph (k), for "Commissioner" substitute "Rehabilitation Authority";
(j)in paragraph (l), for "Commissioner's" substitute "Rehabilitation Authority's";
(k)in paragraph (m), for "Commissioner" substitute "Rehabilitation Authority".
(3)After section 84AL(1)(k) of the Principal Act insert—
"(ka)to monitor and evaluate the risks posed by geotechnical, hydrogeological, water quality or hydrological factors for declared mine land in relation to public safety, the environment and relevant infrastructure;
(kb)to ensure the monitoring and maintenance for registered mine land is carried out;
(kc)to establish and maintain a register of declared mine land;
(kd)to register declared mine land in the declared mine land register in accordance with the prescribed requirements and procedures;
(ke)to provide advice to the Minister regarding conditions that may apply to the registration of declared mine land;
(kf)to assess the amount of funds to be paid by declared mine licensees or land holders of declared mine land to the Rehabilitation Authority for payment into the Declared Mine Fund on the registration of declared mine land;
(kg)to obtain and hold any entitlement, licence or permission required for the purpose of rehabilitating, monitoring and maintaining registered mine land;
(kh)to rehabilitate, monitor, maintain and manage registered mine land in accordance with the relevant registered post-closure plan;
(ki)to purchase, acquire and dispose of declared mine land or land in close proximity to declared mine land;
(kj)to provide advice and recommendations to the Minister in relation to—
(i)rehabilitation planning activities of declared mine licensees; and
(ii)any aspect of regional, local or environmental planning that may be impacted by or impact on declared mine land; and
(iii)declared mine land and registered mine land; and
(iv)the regulatory framework and declared mine land;
(kk)to provide for the preservation of relevant records and information in respect of registered mine land;".
(4)In section 84AL(2) of the Principal Act—
(a)for "Commissioner" substitute "Rehabilitation Authority";
(b)for "Commissioner's" substitute "Rehabilitation Authority's".
17Commissioner to have regard to objective, regional rehabilitation strategy and regulatory framework
(1)In the heading to section 84AM of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 84AM of the Principal Act, for "Commissioner" (where first occurring) substitute "Rehabilitation Authority".
(3)In section 84AM(a) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(4)In section 84AM(c) of the Principal Act, for "framework." substitute "framework; and".
(5)After section 84AM(c) of the Principal Act insert—
"(d)any Ministerial direction.".
18Staff to be provided
In section 84AN of the Principal Act—
(a)for "Commissioner" (where twice occurring) substitute "Rehabilitation Authority";
(b)for "Commissioner's" substitute "Rehabilitation Authority's".
19Assistance to be provided by the Department Head
In section 84AO of the Principal Act—
(a)for "Commissioner" (where twice occurring) substitute "Rehabilitation Authority";
(b)for "Commissioner's" substitute "Rehabilitation Authority's".
20Section 84AP substituted
For section 84AP of the Principal Act substitute—
"84AP Assistance to be provided by a public sector body and a declared mine licensee
A public sector body and a declared mine licensee must ensure that the Rehabilitation Authority is provided with any assistance in connection with the reasonable performance of the Rehabilitation Authority's functions that the Rehabilitation Authority reasonably requires.".
21Heading to Division 4 of Part 7A amended
In the heading to Division 4 of Part 7A of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
22Minister may refer a matter for investigation to the Commissioner
(1)In the heading to section 84AQ of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 84AQ(1) of the Principal Act—
(a)for "Commissioner" substitute "Rehabilitation Authority";
(b)in paragraph (a), for "coal mine" substitute "declared mine".
23Power of entry and inspection without consent
(1)In section 84AR(1) of the Principal Act—
(a)for "Commissioner" (wherever occurring) substitute "Rehabilitation Authority";
(b)in paragraph (b), for "coal mine" (where twice occurring) substitute "declared mine".
(2)In section 84AR(2) of the Principal Act—
(a)for "The Commissioner or an" substitute "An";
(b)for "coal mine" (where twice occurring) substitute "declared mine".
(3)In section 84AR(3) of the Principal Act—
(a)omit "Commissioner or the";
(b)for "coal mine" (where twice occurring) substitute "declared mine".
(4)In section 84AR(4) of the Principal Act omit "Commissioner or the" (wherever occurring).
(5)In section 84AR(5) of the Principal Act—
(a)omit "Commissioner or the" (where twice occurring);
(b)in paragraph (a) omit "the Commissioner's identification or".
(6)In section 84AR(6) of the Principal Act omit "Commissioner or the" (wherever occurring).
24Occupier or apparent occupier of land must assist Commissioner or authorised officer to enter
(1)In the heading to section 84AS of the Principal Act omit "Commissioner or".
(2)In section 84AS of the Principal Act omit "Commissioner or the" (where twice occurring).
25Occupier or apparent occupier of land must assist Commissioner or authorised officer to inspect
(1)In the heading to section 84AT of the Principal Act omit "Commissioner or".
(2)In section 84AT of the Principal Act omit "Commissioner or the" (where twice occurring).
26Authorised officers under this Division
In section 84AU(1)(a) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
27Giving of documents or other things to the Commissioner by Latrobe Valley licensees
(1)In the heading to section 84AW of the Principal Act, for "Commissioner by Latrobe Valley" substitute "Rehabilitation Authority by declared mine".
(2)In section 84AW(1) of the Principal Act—
(a)for "Latrobe Valley" (where twice occurring) substitute "declared mine";
(b)for "Commissioner" (where twice occurring) substitute "Rehabilitation Authority".
(3)In section 84AW(2) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(4)In section 84AW(3) of the Principal Act, for "Latrobe Valley" substitute "declared mine".
(5)In section 84AW(4) of the Principal Act—
(a)for "Latrobe Valley" substitute "declared mine";
(b)for "Commissioner" substitute "Rehabilitation Authority".
28Giving of documents or other things to the Commissioner by public sector bodies
(1)In the heading to section 84AX of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 84AX(1) of the Principal Act, for "Commissioner" (where twice occurring) substitute "Rehabilitation Authority".
(3)In section 84AX(2) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
29Confidentiality of document or other thing given under a notice
In section 84AY(1) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
30Heading to Division 6 of Part 7A amended
In the heading to Division 6 of Part 7A of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
31Definition
In section 84AZ of the Principal Act, in the definition of non-investigatory function, for "Commissioner" substitute "Rehabilitation Authority".
32Notice requiring documents or information from public sector body
(1)In section 84AZA(1) of the Principal Act, for "Commissioner" (wherever occurring) substitute "Rehabilitation Authority".
(2)In section 84AZA(2) of the Principal Act, for "Commissioner" (where twice occurring) substitute "Rehabilitation Authority".
33Notice requiring documents or information from Latrobe Valley licensee
(1)In the heading to section 84AZB of the Principal Act, for "Latrobe Valley" substitute "declared mine".
(2)In section 84AZB(1) of the Principal Act—
(a)for "Commissioner" (wherever occurring) substitute "Rehabilitation Authority";
(b)for "Latrobe Valley" substitute "declared mine".
(3)In section 84AZB(2) of the Principal Act for "Commissioner" (where twice occurring) substitute "Rehabilitation Authority".
(4)In section 84AZB(3) of the Principal Act, for "Latrobe Valley" substitute "declared mine".
34Commissioner must prepare framework
(1)In the heading to section 84AZC of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 84AZC(1) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(3)In section 84AZC(3) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
35Making the monitoring framework
In section 84AZD of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
36Amendment of monitoring framework
In section 84AZE of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
37Making an amendment to the monitoring framework
(1)In section 84AZF(1) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 84AZF(2) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
38Heading to Division 8 of Part 7A amended
In the heading to Division 8 of Part 7A of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
39Report of referral investigation
In section 84AZG(1) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
40Annual report of Commissioner
(1)In the heading to section 84AZH of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 84AZH(1) of the Principal Act—
(a)for "Commissioner" substitute "Rehabilitation Authority";
(b)for "Commissioner's" (where twice occurring) substitute "Rehabilitation Authority's".
(3)In section 84AZH(3) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(4)In section 84AZH(5) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
41Consultation
In section 84AZI of the Principal Act—
(a)for "Commissioner" substitute "Rehabilitation Authority";
(b)for "Latrobe Valley" (where twice occurring) substitute "declared mine".
42Section 84AZK substituted
For section 84AZK of the Principal Act substitute—
"84AZK Rehabilitation Authority review of research plans of declared mine licensee
(1)The Rehabilitation Authority may review a research plan in relation to the rehabilitation of declared mine land prepared by a declared mine licensee.
(2)The Rehabilitation Authority on carrying out a review under subsection (1) may make recommendations or provide comments to the declared mine licensee.".
43Minister must consult
In section 84AZR of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
44New Part 7C inserted
After Part 7B of the Principal Act insert—
"Part 7C—Declared mine land rehabilitation
Division 1—Preliminary
84AZSDefinitions
In this Part—
Register of land has the same meaning as Register in the Transfer of Land Act 1958;
Registrar has the same meaning as in the Transfer of Land Act 1958;
registration amount means an amount specified in a registration direction;
registration direction means a direction given by the Minister under section 84AZZB(1)(c).
84AZTMinisterial direction—declared mine land
(1)The Minister may direct the Rehabilitation Authority to meet specified priorities and policies in relation to declared mine land by notice published in the Government Gazette.
(2)The Minister may from time to time, after consulting the Board, vary or revoke a direction given under subsection (1) by notice published in the Government Gazette.
(3)A direction under subsection (1), including a variation or revocation of a direction, applies on and from the publication of the notice in the Government Gazette or any later date specified in the direction.
Division 2—Declared mine rehabilitation plans
84AZUDeclared mine licensee to prepare plan for rehabilitation of land
(1)A declared mine licensee must prepare for the approval by the Department Head, a plan for the rehabilitation of the declared mine land covered by the licensee's licence.
(2)The plan must be prepared within the prescribed period.
(3)The plan must include—
(a)any rehabilitation plan or requirement under section 82(3) that the declared mine licensee enter into a further rehabilitation bond; and
(b)the prescribed criteria (closure criteria) to be met by the declared mine licensee for the closure of the mine on the declared mine land; and
(c)a document (post-closure plan) that sets out the monitoring and maintenance to be carried out on the closure of the mine on the declared mine land by (as the case requires)—
(i)the declared mine licensee; or
(ii)the Rehabilitation Authority; or
(iii)the owner of the land; and
(d)an undertaking by the declared mine licensee to pay the registration amount to the Minister on a registration direction being given for the declared mine land; and
(e)an assessment of the risks posed by the geotechnical, hydrogeological, water quality or hydrological factors within the declared mine land; and
(f)any other prescribed matter.
(4)The declared mine licensee must consult with a prescribed person or a prescribed class of persons in relation to the plan.
84AZVDepartment Head to consider plan for rehabilitation of declared mine land
(1)On receiving a plan prepared under section 84AZU the Department Head must, in considering the plan—
(a)consult the Rehabilitation Authority; and
(b)in respect of the closure criteria for the plan, consult with the Crown land Minister and the Minister responsible for administering each of the following Acts—
(i)the Crown Land (Reserves) Act 1978;
(ii)the Environment Protection Act 1970;
(iii)the Forests Act 1958;
(iv)the Land Act 1958;
(v)the National Parks Act 1975;
(vi)the Planning and Environment Act 1987;
(vii)the Water Act 1989;
(viii)the Wildlife Act 1975; and
(c)take into account any other prescribed matter; and
(d)follow any other prescribed process.
(2)The Department Head may, after considering the plan under subsection (1)—
(a)approve the plan; or
(b)require the changes to the plan specified in a notice to the declared mine licensee to be made before the plan will be approved; or
(c)refuse to approve the plan.
(3)After considering the plan, the Department Head must as soon as practicable—
(a)notify the declared mine licensee of the decision under subsection (2); and
(b)if the Department Head refuses to approve the plan under subsection (2)(c), provide reasons for the decision.
84AZWApplication for variation of declared mine rehabilitation plan
(1)A declared mine licensee may from time to time apply to the Department Head to vary a declared mine rehabilitation plan.
(2)On receiving an application under subsection (1), the Department Head must in considering the application—
(a)consult with the Crown land Minister and the Minister responsible for administering the following Acts—
(i)the Crown Land (Reserves) Act 1978;
(ii)the Environment Protection Act 1970;
(iii)the Forests Act 1958;
(iv)the Land Act 1958;
(v)the National Parks Act 1975;
(vi)the Planning and Environment Act 1987;
(vii)the Water Act 1989;
(viii)the Wildlife Act 1975; and
(b)take into account any other prescribed matter; and
(c)follow any other prescribed process.
(3)The Department Head may, after considering the variation—
(a)approve the variation of the declared mine rehabilitation plan; or
(b)require the changes to the variation of the declared mine rehabilitation plan specified in a notice to the declared mine licensee to be made before the plan will be approved; or
(c)refuse to approve the variation of the declared mine rehabilitation plan.
(4)After considering the variation, the Department Head must as soon as practicable—
(a)notify the declared mine licensee of the decision under subsection (3); and
(b)if the Department Head refuses to approve the variation under subsection (3)(c), provide reasons for the decision.
84AZXDepartment Head may direct declared mine licensee to apply for variation of declared mine rehabilitation plan
(1)The Department Head may, on the Department Head's own initiative, determine that a declared mine rehabilitation plan be varied.
(2)On making a determination, the Department Head must give the declared mine licensee written notice of the proposed variation, and the reasons for it, and give the declared mine licensee an opportunity to comment on the proposal.
(3)After considering any comments made by the declared mine licensee, the Department Head may direct the declared mine licensee to make an application for approval of the variation under section 84AZW.
Division 3—Closure of mine, registration of declared mine land and post-closure plan
84AZYApplication for determination that closure criteria have been met
(1)A declared mine licensee may apply to the Minister for a determination that the closure criteria for the declared mine land covered by the licence of the licensee have been met.
(2)An application made under subsection (1) must—
(a)be accompanied by the prescribed information (if any); and
(b)be accompanied by any other document or information reasonably required by the Minister.
84AZZConsideration of application that closure criteria have been met
(1)On receiving an application made under section 84AZY, the Minister must—
(a)request advice from the Rehabilitation Authority on the application; and
(b)consult on the application with the Crown land Minister and the Minister responsible for administering the following Acts—
(i)the Crown Land (Reserves) Act 1978;
(ii)the Environment Protection Act 1970;
(iii)the Forests Act 1958;
(iv)the Land Act 1958;
(v)the National Parks Act 1975;
(vi)the Planning and Environment Act 1987;
(vii)the Water Act 1989;
(viii)the Wildlife Act 1975; and
(c)take into account any other prescribed matter; and
(d)follow any other prescribed process.
(2)The Minister must provide a copy of an application under section 84AZY and any accompanying documents to the Rehabilitation Authority and each Minister referred to in subsection (1)(b).
84AZZADetermination of application—closure criteria
(1)After considering an application and any advice or consultations carried out under section 84AZZ, the Minister must determine the application.
(2)The Minister may determine—
(a)that the declared mine licensee has met the closure criteria for that declared mine land; or
(b)that the declared mine licensee has not met the closure criteria for that declared mine land.
(3)After determining the application the Minister must as soon as practicable—
(a)notify the declared mine licensee of the decision under subsection (2); and
(b)if the Minister made a determination under subsection (2)(b), provide reasons for the decision.
84AZZBClosure criteria for declared mine land met
(1)The Minister may, if a declared mine licensee has met the closure criteria for the declared mine land covered by the licensee's licence—
(a)return the balance of the rehabilitation bond or any further rehabilitation bond entered into by the declared mine licensee; and
(b)consent to the surrender of the declared mine licence; and
(c)direct the Rehabilitation Authority to register in the declared mine land register—
(i)the declared mine land; and
(ii)the post-closure plan for that declared mine land.
(2)The Minister must cause a copy of a registration direction to be published in the Government Gazette.
(3)A registration direction may require—
(a)the Rehabilitation Authority to register the post-closure plan and the declared mine land with any specified conditions and in accordance with the prescribed procedure (if any); and
(b)the declared mine licensee to give to the Rehabilitation Authority the prescribed records and information; and
(c)the declared mine licensee to pay the Minister the specified registration amount.
Note
See section 83A for payment of any rehabilitation bond in respect of declared mine land into the Declared Mine Fund on cancellation of the mining licence.
84AZZCRegistration of declared mine land
The Rehabilitation Authority must register any land or part of land that is declared mine land by entering the prescribed matters in the declared mine land register if—
(a)the Minister gives a registration direction to the Rehabilitation Authority to register any land or part of the land that is declared mine land; or
(b)the Minister pays any rehabilitation bond into the Declared Mine Fund under section 83A on the cancellation of a mining licence in respect of any land or part of the land that is declared mine land.
Division 4—Registered post-closure plans recorded and transfer of registered mine land
84AZZDRegistered post-closure plan recorded on title
(1)On the registration of a post-closure plan in the declared mine land register, the Rehabilitation Authority must as soon as practicable lodge with the Registrar notice of any land, other than unalienated Crown land, affected by the registered post-closure plan.
(2)On receipt of a notice under this section, the Registrar must make any recordings in the Register of land that are necessary or convenient for the purpose of giving effect to the notice.
(3)The Registrar may require any evidence of the identity of any land affected by a notice lodged under this section that the Registrar considers fit.
(4)If a Crown grant is issued in respect of registered mine land that is unalienated Crown land, any registered post-closure plan affecting the land must be specified in a notice to the Registrar accompanying the Crown grant.
(5)A notice under this section must be in a form approved by the Registrar.
84AZZERemoval of registered post-closure plan from title
(1)On the removal of a registered post-closure plan under section 84AZZM(2)(b) from the declared mine land register, the Rehabilitation Authority must as soon as practicable lodge with the Registrar notice of any land affected by the removal.
(2)On receipt of the notice under this section the Registrar must make any recording in the Register of land that is necessary or convenient for the purpose of giving effect to the notice.
84AZZFTransfer of registered mine land to Rehabilitation Authority
The owner of registered mine land may transfer the land in accordance with the Transfer of Land Act 1958 to the Rehabilitation Authority, whether or not for valuable consideration.
Division 5—Declared Mine Fund
84AZZGDeclared Mine Fund
There must be established in the Public Account as part of the Trust Fund an account to be known as the Declared Mine Fund.
84AZZHPayments into the Fund
There must be paid into the Declared Mine Fund—
(a)all money that is appropriated by the Parliament for the purposes of the Fund; and
(b)all money that is received from the investment of money in the Fund; and
(c)all money directed or authorised to be paid into the Fund by or under this or any other Act.
84AZZIPayments out of the Fund
(1)There must be paid out of the Declared Mine Fund—
(a)amounts authorised by the Minister to fund the cost of all or any part of the monitoring, maintenance and rehabilitation of registered mine land; and
(b)amounts authorised by the Minister to fund the cost of unforeseen events in relation to registered mine land.
(2)There must be paid out of the Declared Mine Fund amounts authorised by the Minister for the payment of costs and expenses incurred in—
(a)administering this Part; and
(b)monitoring and reporting on the financial operations and financial position of the Fund.
84AZZJDelegation of power to authorise payments
The Minister may, by instrument, delegate the Minister's power to authorise payments under section 84AZZI to the Department Head.
Division 6—Monitoring and maintenance of registered mine land
84AZZKFunctions and powers of the Rehabilitation Authority—registered mine land
In relation to any requirement in a registered post-closure plan for registered mine land not owned by the Rehabilitation Authority that the Rehabilitation Authority carry out ongoing monitoring and maintenance of the land, the Rehabilitation Authority may exercise any function or power under Part 7A, other than a function or power under Division 4 of that Part.
Division 7—Register of declared mine land
84AZZLRegister of declared mine land
(1)The Rehabilitation Authority must establish and maintain a register of declared mine land registered under this Part.
(2)The register of declared mine land may—
(a)be kept in electronic form; and
(b)be inspected by any person.
(3)The Rehabilitation Authority must for each registration of declared mine land—
(a)register the following documents in the register of declared mine land—
(i)any licence (whether or not in force) that covers the land;
(ii)the post-closure plan for the land;
(iii)any prescribed records or information that relate to the land; and
(b)record in the register of declared mine land—
(i)the declared mine land; and
(ii)any conditions that apply to the recording of the land; and
(iii)any prescribed matters.
84AZZMRemoval of registered mine land from the Register
(1)The Minister may direct the Rehabilitation Authority to remove registered mine land or a part of that land from the declared mine land register, if the Minister is satisfied that the geotechnical, water quality or hydrogeological factors that posed a significant risk to public safety, the environment or infrastructure that existed on the registration of the declared mine land are no longer present.
(2)On receipt of a direction referred to in subsection (1), the Rehabilitation Authority must amend the declared mine land register—
(a)by removing the registered mine land or a part of that land that is the subject of the direction; and
(b)by removing the registered post-closure plan for that land if the whole of the land is removed.".
45Notice requiring authority holder to take action or stop work
(1)After section 110(1)(b)(v) of the Principal Act insert—
"(vi)has not complied with a declared mine rehabilitation plan; or".
(2)After section 110(1)(b) of the Principal Act insert—
"(ba)a former licensee or former holder of a mining licence for declared mine land has not complied with a declared mine rehabilitation plan; or".
46New sections 110B and 110C inserted
After section 110A of the Principal Act insert—
"110B Notice requiring owner of registered mine land to take action or stop work
(1)This section applies if the Minister believes on reasonable grounds that—
(a)an act or omission of an owner of registered mine land is likely to result in a risk to public safety, the environment, land, property or infrastructure; or
(b)an owner of registered mine land has contravened the owner's obligations under the registered post-closure plan; or
(c)an owner of registered mine land has contravened or is likely to contravene this Act.
(2)The Minister may, by notice served on the owner of registered mine land, require the taking within a specified period of any of the actions set out in subsection (3) in order to—
(a)remedy the contravention or non-compliance; or
(b)avoid the likely contravention or non-compliance; or
(c)avoid, minimise or remove the risk to public safety, the environment, land, property or infrastructure.
(3)The actions the Minister may require in a notice under subsection (2) are as follows—
(a)prohibit the doing of any activity or class of activity by the owner of registered mine land for a specified period or until the occurrence of a specified event;
(b)require the owner of registered mine land to supply any plans or other information specified in the notice;
(c)require the owner of registered mine land to do any of the following—
(i)to provide monitoring equipment;
(ii)to carry out any monitoring or surveys specified in the notice;
(iii)to have any audit or assessment specified in the notice carried out by an appropriately qualified person or body;
(iv)to give the Minister a report detailing the results of the monitoring surveys, audit or assessment.
(4)The Minister may, by notice served on the owner of registered mine land, vary or cancel a notice under subsection (2).
(5)The owner of registered mine land must comply with a notice under subsection (2) or as varied under subsection (4).
Penalty:In the case of a corporation, 2500 penalty units;
In any other case, 500 penalty units.
Default penalty:
In the case of a corporation, 300 penalty units;
In any other case, 60 penalty units.
110CReview of decision to issue notice to owner of registered mine land
(1)A person whose interests are affected by a decision of the Minister to serve a notice under section 110B(2) or vary a notice under section 110B(4) may apply to the Tribunal for review of the decision.
(2)An application for review must be made within 28 days after the later of the following—
(a)the day on which the notice, or notice of the variation, is served;
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision to serve or vary the notice—
(i)the day on which the statement of reasons is given to the person; or
(ii)the day on which the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
(3)A person cannot apply under subsection (1) for review of the variation of a notice if the purpose of the variation is limited to—
(a)correcting a minor or technical error in the notice; or
(b)extending the period within which an action required by the notice must be taken; or
(c)reducing the period during which the doing of any activity or class of activity is prohibited.".
47Regulations
(1)After section 124(1)(ob) of the Principal Act insert—
"(oc)prescribing in relation to the rehabilitation and closure of mines on declared mine land and the rehabilitation, management and monitoring of registered mine land—
(i)the matters to be included in and requirements of declared mine rehabilitation plans; and
(ii)the matters to be included in and the process for determining the closure criteria for the closure of a mine on declared mine land; and
(iii)the risks to public safety, the environment and infrastructure to be taken into account in determining the closure criteria for the closure of a declared mine including the risks posed by geotechnical, hydrogeological, water quality or hydrological matters; and
(iv)the criteria and process for assessing the rehabilitation of declared mine land; and
(v)the process for registering declared mine land in the declared mine land register; and
(vi)the process and method for determining the amount to be paid to the Minister by a declared mine licensee or for determining payment into the Declared Mine Fund under section 83A; and
(od)the carrying out of a function or power by the Rehabilitation Authority; and".
(2)After section 124(8) of the Principal Act insert—
"(9)The Governor in Council may make regulations containing provisions of a transitional nature, including—
(a)provisions of an application and savings nature, arising as a result of the enactment of the Mineral Resources (Sustainable Development) Amendment Act 2019; and
(b)provisions amending or repealing regulations made under this Act which are required by or necessary as a result of the enactment of that Act.
(10)Regulations made under subsection (9) may have a retrospective effect to a day on or after the commencement of this section.
(11)To the extent that regulations made under subsection (9) have a retrospective effect, the regulations do not operate so as—
(a)to affect, in a manner prejudicial to any person, the rights of that person existing before the date of the regulations coming into operation; or
(b)to impose liabilities on any person in respect of anything done or omitted to be done before the date of the regulations coming into operation.
(12)Regulations made under subsection (9) have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and ResponsibilitiesAct 2006) or in any subordinate instrument.".
48Repeal of transitional regulation-making powers
Section 124(9), (10), (11) and (12) of the Principal Act are repealed on the first anniversary of the commencement of section 44.
49New section 142 inserted
At the end of Part 14 of the Principal Act insert—
"142 Transitional provisions—Mineral Resources (Sustainable Development) Amendment Act 2019
(1)The Rehabilitation Authority must prepare or continue and complete the annual report of the Commissioner for a period of time prior to 30 September 2020, if this has not been completed by the Commissioner before the commencement of section 15 of the Mineral Resources (Sustainable Development) Amendment Act 2019.
(2)The Rehabilitation Authority must complete any review of a Latrobe Valley licensee commenced by the Commissioner under section 84AZK before the commencement of section 42 of the Mineral Resources (Sustainable Development) Amendment Act 2019 if it is not complete on that commencement.
(3)The Rehabilitation Authority must complete the investigation of a matter referred to the Commissioner by the Minister under section 84AQ before the commencement of section 22 of the Mineral Resources (Sustainable Development) Amendment Act 2019 that is incomplete immediately before that commencement.
(4)Any notice issued by the Commissioner under Division 6 of Part 7A before the commencement of sections 32 and 33 of the Mineral Resources (Sustainable Development) Amendment Act 2019 is taken on and from that commencement to be a notice issued by the Rehabilitation Authority.
(5)On and from the commencement of section 15 of the Mineral Resources (Sustainable Development) Amendment Act 2019 any records of the Commissioner are taken to be records of the Rehabilitation Authority.".
Division 2—Amendment of Mineral Resources (Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation Commissioner) Act 2017
50Definitions
Section 6(2) of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017 is repealed.
51Functions and powers of the Commissioner
In the heading to section 7 of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, for "Commissioner" substitute "Rehabilitation Authority".
52Amendments to new Division 7 of Part 7A
(1)In section 8 of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, in the heading to proposed section 84AZC of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(2)In section 8 of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, in proposed section 84AZC(1) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(3)In section 8 of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, in proposed section 84AZC(3) of the Principal Act—
(a)for "Commissioner" substitute "Rehabilitation Authority";
(b)in paragraph (c), for "licensees." substitute "licensees; and";
(c)after paragraph (c) insert—
"(d)the declared mine licensees.".
(4)In section 8 of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, in proposed section 84AZD of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(5)In section 8 of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, in proposed section 84AZE of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(6)In section 8 of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, in proposed section 84AZF(1) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
(7)In section 8 of the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017, in proposed section 84AZF(2) of the Principal Act, for "Commissioner" substitute "Rehabilitation Authority".
Division 3—Amendment of other Acts
53Schedule 2 to the Criminal Procedure Act 2009 amended
After item 19A of Schedule 2 to the Criminal Procedure Act 2009 insert—
"19B Mineral Resources (Sustainable Development) Act 1990
19B.1Indictable offences under the Mineral Resources (Sustainable Development) Act 1990.".
Part 3—Further amendment of Mineral Resources (Sustainable Development) Act 1990
54Prospecting licences
In section 14B(3)(a) of the Principal Act, for "5 years" substitute "7 years".
55New section 24A inserted
After section 24 of the Principal Act insert—
"24A Comments on licence
(1)Any person may comment on a licence being granted.
(2)A person who comments must—
(a)put the comments in writing; and
(b)include the basis on which the comments are made; and
(c)send the comments to the Minister within 21 days after the latest date on which the application was advertised.
(3)The Department Head must make sure that a copy of each set of comments received by the Minister is available to be inspected at the principal office of the Department by any person, on request and free of charge, during office hours until the application is granted or refused.".
56Grant or refusal of licence
In section 25(2) of the Principal Act, after "section 24" insert "and any comments made under section 24A".
57Application of Act to licence application
In section 26AE(1) of the Principal Act, for "and 24" substitute ", 24 and 24A".
58Grant or refusal of licence
In section 26AF(2) of the Principal Act, for "section 24" substitute "section 24 and any comments made under section 24A".
59Grant or refusal of licence
In section 26AM(3) of the Principal Act, for "section 24" substitute "section 24 and any comments made under section 24A".
60Statute law revision
In the heading to section 40 of the Principal Act, for "Plan" substitute "plan".
61Compensation agreement
In section 87(3) of the Principal Act, after "may include" insert ", in relation to the amount or kind of compensation payable or any other agreed matter".
62New section 141 inserted
After section 140 of the Principal Act insert—
"141 Transitional provision—Mineral Resources (Sustainable Development) Amendment Act 2019
(1)A prospecting licence that was in force immediately before the commencement of section 54 of the Mineral Resources (Sustainable Development) Amendment Act 2019 is taken, on and after that commencement, to be in force for the period beginning on the date the prospecting licence is registered and ending on the seventh anniversary of that date, unless sooner surrendered or cancelled.
(2)Section 14B as in force on or after the commencement of section 54 of the Mineral Resources (Sustainable Development) Amendment Act 2019 applies to an application that is in existence but not decided immediately before that commencement.".
Part 4—Repeal of this Act
63Repeal of this Act
This Act is repealed on 1 July 2021.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 5 June 2019
Legislative Council: 29 August 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the Criminal Procedure Act 2009, the Mineral Resources (Sustainable Development) Act 1990, the Mineral Resources (Sustainable Development) Amendment (Latrobe Valley Mine Rehabilitation Commissioner) Act 2017 and for other purposes."
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