Mineral Resources (Sustainable Development) Amendment Act 2023 (Vic)

Mineral Resources (Sustainable Development) Amendment Act 2023

No. 23 of 2023

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Principal Act

Part 2—Name, purpose and objectives of the Principal Act

4Change of name of Principal Act

5Purpose

6Objectives

Part 3—Minor variations of approved work plans

7Application for variation of work plan

8New section 41AAA inserted

9Department Head may direct licensee to lodge application for variation of work plan

10Application for variation of work plan

11New section 77HAA inserted

12Department Head may direct holder to lodge application for variation of work plan

Part 4—Duty to eliminate or minimise risk of harm

13Definitions

14New Part 1A inserted

15New Division 10 of Part 2 inserted

16Commencement of work under mining licence or prospecting licence

17Commencement of work under exploration licence or retention licence

18New sections 43AB to 43AF inserted

19Extractive industry work authorities

20New sections 77IA and 77IB inserted

21New sections 77KAA to 77KAAE inserted

22Variation of an extractive industry work authority

23Regulations

Part 5—Rehabilitation plans

24Section 40 substituted

25Work plan—approval

26Application for variation of work plan

27Section 41AAA repealed

28Department Head may direct licensee to lodge application for variation of work plan

29Approval of variation of work plan

30New sections 41AAC and 41AAD inserted

31Variation application must be made if mine is declared

32Planning permits not required for some work variations

33Heading to Division 2 of Part 6A amended

34Section 77G substituted

35Application for variation of work plan

36Section 77HAA repealed

37Department Head may direct holder to lodge application for variation of work plan

38Approval of variation of work plan

39New sections 77HBA and 77HBB inserted

40Variation application must be made if quarry is declared

Part 6—Duty to rehabilitate land

41Licensee must rehabilitate land

42Holder of extractive industry work authority must rehabilitate land

Part 7—Amendments to Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020

43Definitions

44Meaning of excluded event

45Meaning of excluded subdivision of land

46Application of Subordinate Legislation Act 1994 to levy area declarations

47Imposition of environment mitigation levy

48Amount of environment mitigation levy

49Who must pay the environment mitigation levy and by when

50Liability for levy taken not to have arisen in certain cases

51Application

52Assessment of levy liability

53Excluded event certificate

54New Part 9 inserted

Part 8—Consequential amendments

Division 1—Minor and consequential amendments to Principal Act

55Definitions

56Section 7B repealed

57Offence to search for minerals or do work without authority

58Offence to carry on extractive industry without authority

59Application for a licence

60Grant or refusal of licence

61Transfer of consents and approvals to undertake work

62Grant of licence

63Statement of economic significance if agricultural land covered by licence

64Renewals of licences

65Transfer of licence

66Variation of licence

67Cancellation of licence

68Work must be approved

69Minister may require impact statement

70Section 41AD repealed

71Commencement of work under exploration licence or retention licence

72Effect of contraventions

73Prohibition of work near dwellings and certain places and sites

74Certain exploration and mining work complies with section 45

75New consent or authorisation for certain work plan variations

76Miner's right

77Tourist fossicking authority

78Functions of Department Head regarding mining register

79Disclosure of registered information

80Planning permits not required for some work variations

81Extractive industry work authorities

82Conditions of extractive industry work authorities

83Transfer of an extractive industry work authority

84Cancellation of an extractive industry work authority

85Part 6B repealed

86Review by Tribunal

87Application for review

88What compensation is payable for

89What compensation is payable for—Crown land

90Compensation agreement

91Enforceable undertakings

92Notice requiring authority holder to take action or stop work

93Surveys, searches and drilling operations

94Licensee must supply information

95Holder of extractive industry work authority or consent to supply information

96State liability

97Regulations

98Schedule 4A repealed

Division 2—Consequential amendments to Aboriginal Heritage Act 2006

99Amendment of Aboriginal Heritage Act 2006

Division 3—Consequential amendments to other Acts

100Aboriginal Land (Northcote Land) Act 1989

101Aboriginal Lands (Aborigines' Advancement League) (Watt Street, Northcote) Act 1982

102Catchment and Land Protection Act 1994

103Conservation, Forests and Lands Act 1987

104Criminal Procedure Act 2009

105Crown Land (Reserves) Act 1978

106Dangerous Goods Act 1985

107EastLink Project Act 2004

108Electricity Industry Act 2000

109Environment Protection Act 2017

110Equipment (Public Safety) Act 1994

111Fences Act 1968

112Forests Act 1958

113Geothermal Energy Resources Act 2005

114Greenhouse Gas Geological Sequestration Act 2008

115Land Acquisition and Compensation Act 1986

116Land Act 1958

117Land Tax Act 2005

118Marine and Coastal Act 2018

119Melbourne City Link Act 1995

120National Parks Act 1975

121Nuclear Activities (Prohibitions) Act 1983

122Occupational Health and Safety Act 2004

123Petroleum Act 1998

124Safety on Public Land Act 2004

125Summary Offences Act 1966

126Sustainable Forests (Timber) Act 2004

127Traditional Owner Settlement Act 2010

128Transfer of Land Act 1958

129Underseas Mineral Resources Act 1963

130Victorian Civil and Administrative Tribunal Act 1998

131Victorian Plantations Corporation Act 1993

132Wildlife Act 1975

Part 9—Transitional and savings provisions

133New sections 143 and 144 inserted

134New Schedule 10 inserted

Part 10—Repeal of this Act

135Repeal of this Act

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Endnotes

1      General information

Mineral Resources (Sustainable Development) Amendment Act 2023

No. 23 of 2023

[Assented to 29 August 2023]

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 remove the requirement for holders and applicants of certain licences and extractive industry work authorities to lodge a work plan for the licence or authority; and

(ii)to create a duty requiring a person to eliminate or minimise the risk of harm to the environment, public, land, property and infrastructure of particular work or rehabilitation carried out by the person; and

(iii)to provide for a system of risk levels for authorities that determines the obligations with which an authority holder must comply in relation to the duty to eliminate or minimise risk; and

(iv)to remove the requirement to lodge work plans, while retaining the requirements relating to rehabilitation plans; and

(v)to require the regular review of rehabilitation plans; and

(vi)to change the title to that Act to the Mineral Resources and Extractive Industries Act 1990; and

(b)to amend the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 to reflect the removal of the requirement to lodge work plans.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 July 2027, 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—NAME, PURPOSE AND OBJECTIVES OF THE PRINCIPAL ACT

4Change of name of Principal Act

For the title to the Principal Act substitute "Mineral Resources and Extractive Industries Act 1990".

5Purpose

In section 1 of the Principal Act, after "Act is to" insert "regulate mineral and extractive industries and to".

6Objectives

In section 2(1) of the Principal Act—

(a)in paragraph (a), for "foster the establishment and continuation of mining" substitute "the search for stone and to foster the establishment and continuation of mining and extraction";

(b)in paragraph (a)(i), after "licences" insert ", authorities";

(c)after paragraph (b)(i) insert—

"(ia)obligations to eliminate or minimise risks are established; and";

(d)after paragraph (b)(ii) insert—

"(iia)community interests are considered in the administration of this Act; and";

(e)for paragraph (b)(iv) substitute—

"(iv)just compensation is paid for the use of and access to private land for exploration or mining or the search for stone; and";

(f)in paragraph (b)(v), for "conditions in licences and approvals" substitute "licences, authorities, approvals and duties under this Act";

(g)after paragraph (b) insert—

"(ba)to provide for the collection, management and public delivery of geoscientific data, information and knowledge; and".

PART 3—MINOR VARIATIONS OF APPROVED WORK PLANS

7Application for variation of work plan

In section 41(1)(a) of the Principal Act, before "proposes" insert "subject to section 41AAA,".

8New section 41AAA inserted

After section 41 of the Principal Act insert—

"41AAA   Minor variation of approved work plan

(1)Subject to subsection (2), the holder of a licence may vary an approved work plan without lodging an application for approval of the proposed variation under section 41(1) if—

(a)the holder gives the Department Head notice of the proposed variation; and

(b)the Department Head determines under subsection (3) that the proposed variation is a minor variation.

(2)Subsection (1) does not apply to the holder of a mining licence or prospecting licence if any part of the land relating to the proposed variation of the work plan is Crown land.

(3)Within 28 days after receiving a notice under subsection (1)(a), the Department Head must—

(a)determine whether or not the proposed variation is a minor variation; and

(b)give the holder of the licence written notice of that determination and the reasons for it.

(4)If the Department Head determines that a proposed variation is a minor variation, the proposed variation is taken to come into effect either—

(a)on the day on which the determination is made; or

(b)on any later day specified in the determination.

(5)If the Department Head does not comply with subsection (3) within the prescribed period after receiving the notice under subsection (1)(a), the Department Head is taken to have determined that the proposed variation is not a minor variation.

(6)In this section—

minor variation, in relation to an approved work plan, means a variation to any part of that approved work plan that—

(a)does not significantly increase the risk that the work set out in the approved work plan poses—

(i)to the environment; or

(ii)to any member of the public; or

(iii)to land, property or infrastructure in the vicinity of that work; and

(b)is not a specified variation.".

9Department Head may direct licensee to lodge application for variation of work plan

(1)For the heading to section 41AA of the Principal Act substitute—

"Department Head may direct holder to give notice of or lodge application for variation of work plan".

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

"(3)After considering any comments made by the licensee, the Department Head may direct the licensee—

(a)if the variation is a minor variation, to give notice of the variation under section 41AAA(1)(a); or

(b)in any other case, to lodge an application for approval of the variation.

(4)In this section—

minor variation has the same meaning as in section 41AAA.".

10Application for variation of work plan

In section 77H(1)(a) of the Principal Act, before "proposes" insert "subject to section 77HAA,".

11New section 77HAA inserted

After section 77H of the Principal Act insert—

"77HAA   Minor variation of work plan

(1)The holder of an extractive industry work authority may vary an approved work plan without lodging an application for approval of the proposed variation under section 77H(1) if—

(a)the holder gives the Department Head notice of the proposed variation; and

(b)the Department Head determines under subsection (2) that the proposed variation is a minor variation.

(2)Within 28 days after receiving a notice under subsection (1)(a), the Department Head must—

(a)determine whether or not the proposed variation is a minor variation; and

(b)give the holder of the extractive industry work authority written notice of that determination and the reasons for it.

(3)If the Department Head determines that a proposed variation is a minor variation, the proposed variation is taken to come into effect either—

(a)on the day on which the determination is made; or

(b)on any later day specified in the determination.

(4)If the Department Head does not comply with subsection (2) within the prescribed period after receiving the notice under subsection (1)(a), the Department Head is taken to have determined that the proposed variation is not a minor variation.

(5)In this section—

minor variation, in relation to an approved work plan, means a variation to any part of that approved work plan that—

(a)does not significantly increase the risk that the work set out in the approved work plan poses—

(i)to the environment; or

(ii)to any member of the public; or

(iii)to land, property or infrastructure in the vicinity of that work; and

(b)is not a specified variation; and

(c)does not affect any liability to pay the environment mitigation levy within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020.".

12Department Head may direct holder to lodge application for variation of work plan

(1)For the heading to section 77HA of the Principal Act substitute—

"Department Head may direct holder to give notice of or lodge application for variation of work plan".

(2)For section 77HA(3) of the Principal Act substitute—

"(3)After considering any comments made by the holder of the extractive industry work authority, the Department Head may direct the holder—

(a)if the variation is a minor variation, to give notice of the variation under section 77HAA(1)(a); or

(b)in any other case, to lodge an application for approval of the variation.

(4)In this section—

minor variation has the same meaning as in section 77HAA.".

PART 4—DUTY TO ELIMINATE OR MINIMISE RISK OF HARM

13Definitions

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

"Code of Compliance means a Code issued under section 12H;

higher risk, in relation to a licence or an extractive industry work authority, means a licence or an authority that is determined to be higher risk under section 38AAG, 43AF, 77IB or 77KAAE;

lower risk, in relation to a licence or an extractive industry work authority, means a licence or an authority that is determined to be lower risk under section 38AAG, 43AF, 77IB or 77KAAE;

moderate risk, in relation to a licence or an extractive industry work authority, means a licence or an authority that is determined to be moderate risk under section 38AAG, 43AF, 77IB or 77KAAE;

risk level, in relation to a licence or an extractive industry work authority, means—

(a)if the risk level for the licence or authority has been reviewed under section 43AF or 77KAAE, the risk level determined under that section; or

(b)in any other case, the risk level determined under section 33AAG or 77IB;

self-assessed risk level, in relation to a licence or an extractive industry work authority, means the risk level assessed by the holder or former holder under section 38AAF or 77IA for that licence or authority;".

(2)In section 4(1) of the Principal Act, in the definition of search, after "minerals" insert "or stone".

(3)In section 4(1) of the Principal Act, in the definition of Department, for "State Development, Business and Innovation" substitute "Energy, Environment and Climate Action".

(4)Section 4(2) of the Principal Act is repealed.

14New Part 1A inserted

After Part 1 of the Principal Act insert—

"PART 1A—DUTY TO ELIMINATE OR MINIMISE RISK OF HARM

Division 1—Preliminary

12BDefinitions

In this Part—

authority means―

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

(b)an extractive industry work authority;

duty holder means—

(a)a holder of an authority carrying out exploration, extractive industry or mining under the authority; or

(b)a holder or former holder of an authority rehabilitating land in accordance with the authority, whether or not the authority has ceased to apply to the land; or

(c)a person carrying out exploration, extractive industry or mining other than in accordance with an authority; or

(d)a person rehabilitating land other than in accordance with an authority;

duty to eliminate or minimise risk means the duty under section 12C;

work includes the rehabilitation of land under an authority that has ceased to apply to the land.

Division 2—Duty to eliminate or minimise risk

12CDuty to eliminate or minimise risk

(1)A duty holder must, as far as reasonably practicable, eliminate or minimise any risk posed to the environment, to any member of the public or to land, property or infrastructure by exploration, extractive industry, mining or rehabilitation of land or any related activity carried out by or on behalf of the duty holder.

(2)The duty imposed under subsection (1) requires the duty holder—

(a)to eliminate risks of harm as far as reasonably practicable; and

(b)if it is not reasonably practicable to eliminate risks of harm, to reduce those risks so far as reasonably practicable.

(3)To determine what is (or was at a particular time) reasonably practicable in relation to the minimisation of risks of harm posed to the environment, to any member of the public or to land, property or infrastructure, regard must be had to the following matters—

(a)the likelihood of the risk eventuating;

(b)the severity of the harm that may result if the risk eventuates;

(c)what the duty holder of the authority knows, or ought reasonably to know, about the risk and any methods of eliminating or minimising the risk;

(d)the availability and suitability of any methods of eliminating or minimising the risk;

(e)the cost of eliminating or minimising the risk.

(4)Without limiting subsection (1), a duty holder contravenes that subsection if the duty holder fails to do any of the following in the course of carrying out exploration, extractive industry or mining or rehabilitating land, so far as reasonably practicable—

(a)use and maintain plant, equipment, processes and systems in a manner that eliminates or minimises any risk posed by that activity or any related activity;

(b)use and maintain systems to identify, assess and control risks that may arise in connection with the activity and to evaluate the effectiveness of those systems on an ongoing basis;

(c)use and maintain adequate systems to ensure that if a risk eventuates, its harmful effects are minimised;

(d)ensure that all substances related to the activity (including minerals, stone and waste such as tailings) are handled, stored, used and transported in a manner that minimises the risk posed by those substances;

(e)provide persons engaging in the activity with the information, instruction, supervision and training necessary to enable those persons to eliminate or minimise the risk posed by the activity.

(5)Without limiting subsection (1), a duty holder carrying out exploration, extractive industry, mining or the rehabilitation of land under an authority contravenes the duty under subsection (1) if the exploration, extractive industry, mining or rehabilitation is not carried out in accordance with—

(a)any Code of Compliance or prescribed standard that applies to that work under the authority; or

(b)any condition imposed on the authority to eliminate and minimise the risks that work under the authority may pose to the environment, to any member of the public or to land, property or infrastructure in the vicinity of the work.

12DOffence to fail to comply with duty to eliminate or minimise risk

(1)A duty holder must not contravene the duty to eliminate or minimise risk.

Penalty:In the case of a corporation, 10 000 penalty units;

In any other case, 2000 penalty units.

(2)An offence under subsection (1) is an indictable offence.

Note

This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

12EMultiple contraventions of duty to eliminate or minimise risk

(1)Subject to any contrary court order, 2 or more contraventions of the duty to eliminate or minimise risk may be charged as a single offence if the contraventions arise out of the same factual circumstances.

(2)If 2 or more contraventions are charged as a single offence, a single penalty only may be imposed in respect of the contraventions.

12FAggravated breach of duty to eliminate or minimise risk

(1)A duty holder commits an offence if—

(a)the duty holder intentionally or recklessly contravenes the duty to eliminate or minimise risk; and

(b)the contravention results in material harm or is likely to result in material harm to the environment, to any member of the public or to land, property or infrastructure; and

(c)the duty holder knew or reasonably should have known that the contravention would result in material harm or would be likely to result in material harm to the environment, to any member of the public or to land, property or infrastructure.

Penalty:In the case of a corporation, 20 000 penalty units;

In any other case, 4000 penalty units or 5 years imprisonment or both.

(2)An offence under subsection (1) is an indictable offence.

Note

This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

(3)In this section—

material harm means harm caused by or arising from the carrying out of exploration, extractive industry or mining or the rehabilitation of land that—

(a)involves an actual adverse effect on the environment, any member of the public, land, property or infrastructure that is not negligible; or

(b)results in, or is likely to result in, costs in excess of $10 000 or any higher prescribed amount being incurred in order to take appropriate action to prevent or minimise the harm or to rehabilitate or restore the environment, land, property or infrastructure to the state it was in before the harm.

(4)For the purposes of this section, harm may become material harm regardless of the period of time in which the harm occurs and as a result of—

(a)a single occurrence of harm arising from an activity; or

(b)multiple occurrences of harm arising from the same activity; or

(c)the cumulative effect of harm arising from an activity combined with harm arising from other activities or factors.

12GPresumption of compliance with duty to eliminate or minimise risk—lower risk authorities

(1)The holder or former holder of a lower risk authority is taken to comply with the duty to eliminate or minimise risk in relation to work under the authority if the holder or former holder of the authority complies with each Code of Compliance that applies to the work.

(2)Nothing in subsection (1) prevents the holder or a former holder of the lower risk authority from demonstrating that they have, as far as reasonably practicable, eliminated or minimised the risk that the work may pose to the environment, to any member of the public or to land, property or infrastructure in the vicinity of the work other than by complying with a Code of Compliance.

Division 3—Compliance with duty by authority holders

12HCodes of Compliance

(1)The Minister may issue a Code of Compliance that specifies how a person carrying out work under a lower risk authority must comply with the duty to eliminate or minimise the risks posed by that work.

(2)A Code of Compliance must set out—

(a)the type of authority to which the Code applies; and

(b)any actions a person carrying out work under a lower risk authority must take in order to comply with the duty to eliminate or minimise risk when carrying out work to which the Code applies; and

(c)any standards or requirements a person must meet in order to comply with the duty to eliminate or minimise risk when carrying out work under a lower risk authority.

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

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

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

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

(4)A Code of Compliance takes effect on the day it is published in the Government Gazette or on any later day specified in the Code.

(5)The Minister may vary or revoke a Code of Compliance at any time.

(6)A variation or revocation of a Code of Compliance takes effect on the day it is published in the Government Gazette or on any specified later day.

12IHolder or former holder of lower risk authority must comply with Code of Compliance

(1)The holder of a lower risk authority must comply with a Code of Compliance that applies to work under that authority.

(2)If a lower risk authority ceases to apply to the land before rehabilitation under the authority is completed, the former holder of the authority, when completing the rehabilitation under the authority, must as far as reasonably practicable eliminate and minimise the risks that the rehabilitation may pose to the environment, to any member of the public or to land, property or infrastructure in the vicinity of the rehabilitation.

Note

Failure to comply with a Code of Compliance may result in a notice requiring the holder or former holder of the authority to take action or stop work (see section 110) or the cancellation of the authority (see sections 38 and 77O).

12JHolder or former holder of moderate risk authority must comply with standards

(1)The holder of a moderate risk authority must comply with any prescribed standard that applies to work under that authority.

(2)If a moderate risk authority ceases to apply to the land before rehabilitation under the authority is completed, the former holder of the authority, when completing the rehabilitation under the authority, must comply with any prescribed standard that applies to work under the authority.

Note

Failure to comply with a prescribed standard may result in a notice requiring the holder or former holder of the authority to take action or stop work (see section 110) or the cancellation of the authority (see sections 38 and 77O).

12KHolder or former holder of higher risk authority must comply with standards and authority conditions

(1)The holder of a higher risk authority must comply with—

(a)any prescribed standard that applies to work under that authority; or

(b)any condition imposed on the authority to eliminate and minimise the risks that work under the authority may pose to the environment, to any member of the public or to land, property or infrastructure in the vicinity of the work.

(2)If a higher risk authority ceases to apply to the land before rehabilitation under the authority is completed, the former holder of the authority, when completing the rehabilitation under the authority, must comply with—

(a)any prescribed standard that applies to work under that authority; or

(b)any condition imposed on the authority to eliminate and minimise the risks that work under the authority may pose to the environment, to any member of the public or to land, property or infrastructure in the vicinity of the work.

Note

Failure to comply with a prescribed standard or condition imposed on an authority may result in a notice requiring the holder or former holder of the authority to take action or stop work (see section 110) or the cancellation of the authority (see sections 38 and 77O).".

15New Division 10 of Part 2 inserted

After Division 9 of Part 2 of the Principal Act insert—

"Division 10—Risk level—licences

38AAFSelf-assessment of risk level for a licence

(1)Before making an application under section 38AAG, the holder or former holder of a licence must assess whether the licence is—

(a)lower risk; or

(b)moderate risk; or

(c)higher risk.

(2)When making an assessment under subsection (1), the holder or former holder of a licence must take into account—

(a)any guidelines made under section 120A that apply to the licence; and

(b)any prescribed factors.

38AAGDetermination of risk level for licence

(1)The holder or former holder of a licence must, before carrying out any work under the licence, apply to the Department Head for a determination of the risk level for that licence.

(2)An application under subsection (1) must—

(a)be made in the prescribed form and manner; and

(b)describe the work to be done under the licence; and

(c)state the self-assessed risk level for the licence; and

(d)include any prescribed information required for that self-assessed risk level.

(3)On receiving an application under subsection (1), the Department Head must determine, within the prescribed period, whether the licence is—

(a)lower risk; or

(b)moderate risk; or

(c)higher risk.

Note

For the determination of the risk level for an extractive industry work authority, see section 77IB.

(4)When making a determination under subsection (3), the Department Head—

(a)may require the applicant to provide any further information that the Department Head reasonably considers necessary to make the determination; and

(b)in the case of a mining licence or prospecting licence, if any work is proposed to be carried out on or relates to Crown land, must as soon as practicable lodge the prescribed information with the Crown land Minister; and

(c)if exploration work is proposed to be carried out under the licence—

(i)may request the Minister to require the licensee to submit a statement under section 41A; and

(ii)if a statement is submitted under that section, must take that statement into account; and

(d)may consult with a public sector body within the meaning of section 84AB; and

(e)must take into account any guidelines made under section 120A that apply to the licence; and

(f)must take into account any prescribed factors; and

(g)must follow any process prescribed for making the determination.

(5)Subsection (4)(b) does not apply if the only work that is proposed to be done on the Crown land is exploration work.

(6)Within 28 days after the prescribed information is lodged with the Crown land Minister under subsection (4)(b), or any longer period allowed by the Minister, the Crown land Minister—

(a)must give comments to the Department Head on the work proposed to be carried out under the licence; and

(b)may recommend variations to be made to the licence; or

(c)may recommend conditions to be imposed on the licence.

(7)If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7), the Department Head must, at least 10 days before determining that a licence is moderate risk or higher risk under subsection (3)—

(a)if a rehabilitation plan is approved for the land covered by the licence, give a copy of the rehabilitation plan to that Minister; and

(b)notify that Minister of the proposed determination for the licence; and

(c)notify that Minister of any condition imposed on the licence.

(8)Within the prescribed period, the Department Head must—

(a)notify the applicant of the result of the determination; and

(b)give the applicant a statement of reasons for the determination.".

16Commencement of work under mining licence or prospecting licence

For section 42(1)(a) of the Principal Act substitute—

"(a)the Department Head has determined the risk level for the licence under section 38AAG; and

(ab)if the risk level for the licence is moderate risk or higher risk, the licensee has an approved rehabilitation plan; and

Note

Section 40 contains the requirements for a rehabilitation plan.".

17Commencement of work under exploration licence or retention licence

For section 43(1)(a) of the Principal Act substitute—

"(a)the Department Head has determined the risk level for the licence under section 38AAG; and".

18New sections 43AB to 43AF inserted

After section 43A of the Principal Act insert—

"43AB   Licence holder must notify Department Head of change in work or increase in risk under licence

(1)The holder or former holder of a licence must notify the Department Head—

(a)of any material change, or proposed material change, to work under the licence; or

(b)of any change, or foreseeable change, in circumstances that is likely to materially increase the risk posed by work under the licence.

Penalty:In the case of a corporation, 10 000 penalty units;

In any other case, 2000 penalty units.

(2)An offence under subsection (1) is an indictable offence.

Note

This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

(3)A notification under subsection (1) must—

(a)include details of—

(i)in the case of a notification under subsection (1)(a), the change or proposed change to work under the licence; or

(ii)in the case of a notification under subsection (1)(b), the change or foreseeable change in circumstances that is likely to increase the risk posed by work under the licence; and

(b)include any prescribed information; and

(c)comply with the regulations.

(4)On receiving a notification under subsection (1), the Department Head may, if the Department Head considers it appropriate to do so, disclose information relating to the change, proposed change or foreseeable change—

(a)a public sector body within the meaning of section 84AB; or

(b)a prescribed person or body.

(5)On receiving a notification under subsection (1) from the holder or former holder of a mining licence or prospecting licence, if the change or proposed change to the work, or the change or foreseeable change in circumstances, relates to or affects Crown land, the Department Head must without delay lodge a copy of the notification with the Crown land Minister.

(6)Subsection (5) does not apply if the only work that is proposed to be done on the Crown land is exploration work.

(7)Within 28 days after the notification is lodged with the Crown land Minister under subsection (5), or any longer period allowed by the Minister, the Crown land Minister—

(a)must give comments to the Department Head on the change or proposed change to the work or the change or foreseeable change in circumstances; and

(b)may recommend variations to be made to the licence; or

(c)may recommend conditions to be imposed on the licence.

(8)In this section—

work includes the rehabilitation of land under a licence that has ceased to apply to the land.

43ACDepartment Head may direct holder to give notification of change in work or increase in risk under licence

The Department Head may at any time direct the holder or former holder of a licence to notify the Department Head under section 43AB(1) if—

(a)the Department Head believes on reasonable grounds that there has been, or is likely to be—

(i)a material change to work under the licence; or

(ii)a change in circumstances that is likely to materially increase the risk posed by work under the licence; and

(b)the Department Head believes on reasonable grounds that the holder or former holder is unlikely to notify the Department Head of that change.

43ADPrivilege against self-incrimination does not apply

(1)A person is not excused from notifying the Department Head under section 43AB(1) on the grounds that the information provided by the person as part of a notification might tend to incriminate the person or make the person liable to a penalty.

(2)A notification or any information given by a person as part of a notification under section 43AB(1) is not admissible in evidence against the person in a proceeding for an offence or for the imposition of a penalty, other than a proceeding that relates to false or misleading information that is provided by the person in relation to a notification.

43AEApplication for review of risk level for licence

(1)The holder or former holder of a licence may apply to the Department Head for a review of the risk level for the licence if the holder or former holder reasonably considers that a change or foreseeable change in circumstances has or will materially affect the risk posed by the work under the licence.

(2)An application under subsection (1) must—

(a)be made in the prescribed form and manner; and

(b)specify the risk level determined for the licence at the time of the application; and

(c)describe the change in circumstances that the holder or former holder considers has or will materially affect the risk posed by the work under the licence; and

(d)include any prescribed information.

43AFReview of risk level for licence

(1)On receiving a notification under section 43AB(1) or an application under section 43AE from the holder or former holder of a licence, the Department Head may, within the prescribed period, review the risk level for the licence.

(2)When carrying out a review under subsection (1), the Department Head—

(a)may require the holder or former holder of the licence to provide any further information that the Department Head reasonably considers necessary to carry out the review; and

(b)must consider whether to impose conditions on the licence, or vary the existing conditions of the licence, taking into account any comments or recommendations made by the Crown land Minister under section 43AB(7); and

(c)in the case of a change or foreseeable change relating to exploration work that is, or is proposed to be, carried out under the licence—

(i)may request the Minister to require the licensee to submit a statement under section 41A; and

(ii)if a statement is submitted under that section, must take that statement into account; and

(d)must take into account any prescribed factors; and

(e)must follow any prescribed review process.

(3)After carrying out a review under subsection (1), the Department Head must determine the risk level for the licence.

(4)The Department Head must, as soon as reasonably practicable—

(a)notify the holder or former holder of the licence of the determination under subsection (3); and

(b)give the holder or former holder a statement of reasons for the determination.".

19Extractive industry work authorities

(1)After section 77I(1) of the Principal Act insert—

"(1A)An application under subsection (1) must—

(a)specify the self-assessed risk level for the proposed extractive industry work authority; and

(b)include any prescribed information for the self-assessed risk level for the proposed extractive industry work authority.".

(2)After section 77I(2) of the Principal Act insert—

"(2A)On receiving an application under subsection (1), the Minister must provide the Department Head with the information contained in the application so that the Department Head may determine the risk level for the proposed extractive industry work authority.".

(3)At the end of section 77I of the Principal Act insert—

"(7)If the Minister grants an extractive industry work authority under subsection (2) that permits the carrying out of extractive industry on land that is wholly or partly within the levy area, the Department Head, within 7 days of the grant of that authority, must give the Secretary within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020—

(a)written notice of the grant of that authority; and

(b)a copy of any prescribed information provided with the application for that authority.

(8)In this section—

levy area has the same meaning as in section 3 of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020.".

20New sections 77IA and 77IB inserted

After section 77I of the Principal Act insert—

"77IA Self-assessment of risk level for an extractive industry work authority

(1)Before making an application under section 77I, a person must assess whether the proposed extractive industry work authority is—

(a)lower risk; or

(b)moderate risk; or

(c)higher risk.

(2)When making an assessment under subsection (1), the applicant must take into account—

(a)any guidelines made under section 120A that apply to the extractive industry work authority; and

(b)any prescribed factors.

77IBDetermination of risk level for extractive industry work authority

(1)On receiving information under section 77I(2A), the Department Head must determine, within the prescribed period, whether the proposed extractive industry work authority is—

(a)lower risk; or

(b)moderate risk; or

(c)higher risk.

Note

For the determination of the risk level for a licence, see section 38AAG.

(2)When making a determination under subsection (1), the Department Head—

(a)may require the applicant to provide any further information that the Department Head reasonably considers necessary to make the determination; and

(b)may consult with a public sector body within the meaning of section 84AB; and

(c)must take into account any guidelines made under section 120A that apply to the extractive industry work authority; and

(d)must take into account any prescribed factors; and

(e)must follow any process prescribed for making the determination.

(3)Within the prescribed period, the Department Head must—

(a)notify the Minister of the result of the determination; and

(b)give the Minister a statement of reasons for the determination.

(4)Within the prescribed period, the Minister must—

(a)notify the applicant of the result of the determination; and

(b)give the applicant the Department Head's statement of reasons for the determination.".

21New sections 77KAA to 77KAAE inserted

After section 77K of the Principal Act insert—

"77KAA   Extractive industry work authority holder must notify Department Head of change in work or increase in risk under authority

(1)The holder or former holder of an extractive industry work authority must notify the Department Head—

(a)of any material change, or proposed material change, to work under the authority; or

(b)of any change, or foreseeable change, in circumstances that is likely to materially increase the risk posed by work under the authority.

Penalty:In the case of a corporation, 10 000 penalty units;

In any other case, 2000 penalty units.

(2)An offence under subsection (1) is an indictable offence.

Note

This offence may be heard and determined summarily (see section 28 of the Criminal Procedure Act 2009).

(3)A notification under subsection (1) must—

(a)include details of—

(i)in the case of a notification under subsection (1)(a), the change or proposed change to work under the extractive industry work authority; or

(ii)in the case of a notification under subsection (1)(b), the change or foreseeable change in circumstances that is likely to increase the risk level for the authority; and

(b)include any prescribed information; and

(c)in the case of a notification under subsection (1)(a) that relates to a moderate risk or higher risk extractive industry work authority that relates to the carrying out of extractive industry on land that is wholly or partly within the levy area, specify whether the change or proposed change to the work under the authority changes or is likely to change—

(i)the amount or location of the land in the levy area affected by the carrying out of extractive industry under the authority; or

(ii)the buffer zone of that land; and

(d)comply with the regulations.

(4)On receiving a notification under subsection (1), the Department Head may, if the Department Head considers it appropriate to do so, disclose information relating to the change, proposed change or foreseeable change to—

(a)a public sector body within the meaning of section 84AB; or

(b)a prescribed person or body.

(5)On receiving a notification under subsection (1) that contains information described in subsection (3)(c), the Department Head must either—

(a)determine that the change or proposed change to the work under the extractive industry work authority changes or is likely to change—

(i)the amount or location of the land in the levy area affected by the carrying out of the extractive industry under the authority; or

(ii)the buffer zone of that land; or

(b)determine that the change or proposed change to the work under the authority does not change or is not likely to change—

(i)the amount or location of the land in the levy area affected by the carrying out of the extractive industry under the authority; or

(ii)the buffer zone of that land.

(6)If the Department Head makes a determination under subsection (5)(a), the Department Head must give the Secretary within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020—

(a)written notice of the change or proposed change to the work under the extractive industry work authority; and

(b)a copy of the notification provided by the holder or former holder of the authority under subsection (1); and

(c)a copy of any information provided with that notification; and

(d)a copy of any information the Department Head used to make the determination.

(7)In this section—

buffer zone has the same meaning as in section 7(2) of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020;

levy area has the same meaning as in the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020;

work includes the rehabilitation of land under an extractive industry work authority that has ceased to apply to the land.

77KAABDepartment Head may direct holder to give notification of change in work or increase in risk under authority

The Department Head may at any time direct the holder or former holder of an extractive industry work authority to notify the Department Head under section 77KAA(1) if—

(a)the Department Head believes on reasonable grounds that there has been, or is likely to be—

(i)a material change to work under the authority; or

(ii)a change in circumstances that is likely to materially increase the risk posed by work under the authority; and

(b)the Department Head believes on reasonable grounds that the holder or former holder is unlikely to notify the Department Head of that change.

77KAACPrivilege against self-incrimination does not apply

(1)A person is not excused from notifying the Department Head under section 77KAA(1) on the grounds that the information provided by the person as part of a notification might tend to incriminate the person or make the person liable to a penalty.

(2)A notification or any information given by a person as part of a notification under section 77KAA(1) is not admissible in evidence against the person in a proceeding for an offence or for the imposition of a penalty, other than a proceeding that relates to false or misleading information that is provided by the person in relation to a notification.

77KAADApplication for review of risk level for extractive industry work authority

(1)The holder or former holder of an extractive industry work authority may apply to the Department Head for a review of the risk level for the authority if the holder or former holder reasonably considers that there has been a change in circumstances that materially affects the risk posed by the work under the authority.

(2)An application under subsection (1) must—

(a)be made in the prescribed form and manner; and

(b)specify the risk level determined for the extractive industry work authority at the time of the application; and

(c)describe the change in circumstances that the holder or former holder considers materially affects the risk posed by the work under the authority; and

(d)include any prescribed information.

77KAAEReview of risk level for extractive industry work authority

(1)On receiving a notification under section 77KAA(1) or an application under section 77KAAD from the holder or former holder of an extractive industry work authority, the Department Head may, within the prescribed period, review the risk level for the authority.

(2)When carrying out a review under subsection (1), the Department Head—

(a)may require the holder or former holder of the extractive industry work authority to provide any further information that the Department Head reasonably considers necessary to carry out the review; and

(b)must consider whether to impose conditions on the authority, or vary the existing conditions of the authority; and

(c)must take into account any prescribed factors; and

(d)must follow any prescribed review process.

(3)After carrying out a review under subsection (1), the Department Head must either—

(a)determine a new risk level for the extractive industry work authority; or

(b)determine that the risk level for the authority has not changed.

(4)The Department Head must, as soon as reasonably practicable—

(a)notify the holder or former holder of the extractive industry work authority of the determination under subsection (3); and

(b)give the holder or former holder a statement of reasons for the determination.".

22Variation of an extractive industry work authority

After section 77M(3) of the Principal Act insert—

"(4)If the Minister varies a moderate risk or higher risk extractive industry work authority that relates to the carrying out of extractive industry on land that is wholly or partly within the levy area, or varies, suspends, adds or revokes a condition of such an extractive industry work authority, the Department Head must notify the Secretary within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 if the variation, suspension, addition or revocation changes or is likely to change—

(a)the amount or location of the land in the levy area affected by the carrying out of extractive industry under the authority; or

(b)the buffer zone of that land.

(5)A notification under subsection (4) must—

(a)be made in writing; and

(b)contain a copy of any prescribed information or document.

(6)In this section—

buffer zone has the same meaning as in section 7(2) of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020;

levy area has the same meaning as in the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020.".

23Regulations

(1)After section 124(1)(d) of the Principal Act insert—

"(e)notifications by the holder or former holder of a licence or an extractive industry work authority of changes or proposed changes to work under the licence or authority, including any of the following—

(i)the form and content of notifications;

(ii)the processes and timeframes for making notifications;

(iii)circumstances in which notifications must be made; and

(ea)notifications by the holder or former holder of a licence or an extractive industry work authority of a change, or foreseeable change, in circumstances that is likely to materially increase the risk posed by work under the licence or authority, including any of the following—

(i)the form and content of notifications;

(ii)the processes and timeframes for making notifications;

(iii)circumstances in which notifications must be made; and".

(2)After section 124(1)(od) of the Principal Act insert—

"(oe)prescribing standards for the purposes of section 12J for the elimination or minimisation of risk by the holder or former holder of a moderate risk authority when carrying out work or rehabilitation under that authority; and

(of)prescribing standards for the purposes of section 12K for the elimination or minimisation of risk by the holder or former holder of a higher risk authority when carrying out work or rehabilitation under that authority; and

(og)applications for the determination or review of the risk level for a licence or an extractive industry work authority, including but not limited to—

(i)the procedural requirements for applications; and

(ii)information that must be provided with applications; and

(iii)entities with which the Department Head may or must consult when determining an application; and

(iv)when and how the Department Head may or must consult with another entity when determining an application; and

(v)information or documents that the Department Head may or must provide to an entity with which the Department Head is consulting when determining an application; and

(vi)circumstances in which the Department Head must not determine an application inconsistently with comments from an entity that the Department Head has consulted on that application; and

(vii)the period within which the Department Head must make the determination; and

(oh)prescribing factors that determine whether a licence or an extractive industry work authority is lower risk, moderate risk or higher risk; and

(oi)prescribing factors that must be considered when self-assessing, determining or reviewing the risk level for work under a licence or an extractive industry work authority; and

(oj)prohibiting or regulating work that may be carried out under a licence or an extractive industry work authority for which a particular risk level has been determined; and".

PART 5—REHABILITATION PLANS

24Section 40 substituted

For section 40 of the Principal Act substitute—

"40   Lodgement of rehabilitation plan—mining licence and prospecting licence

(1)The holder of a mining licence or a prospecting licence under which mining is proposed to be carried out must lodge a rehabilitation plan with the Department Head if—

(a)the self-assessed risk level for the licence is higher risk or moderate risk; or

(b)the Department Head determines that the licence is a higher risk licence or moderate risk licence under section 38AAG or 43AF.

(2)If a licensee lodges a rehabilitation plan under subsection (1) on the basis that the self-assessed risk level for the licence is moderate risk and the Department Head determines that the licence is a higher risk licence, the licensee must, within the prescribed period—

(a)review the rehabilitation plan; and

(b)either—

(i)notify the Department Head that no changes to the rehabilitation plan are required; or

(ii)lodge a revised rehabilitation plan with the Department Head.

(3)If a licensee lodges a rehabilitation plan under subsection (1) on the basis that the self-assessed risk level for the licence is higher risk and the Department Head determines that the licence is a moderate risk licence, the licensee must, within the prescribed period—

(a)review the rehabilitation plan; and

(b)either—

(i)notify the Department Head that no changes to the rehabilitation plan are required; or

(ii)lodge a revised rehabilitation plan with the Department Head.

(4)If a licensee lodges a rehabilitation plan under subsection (1) on the basis that the self-assessed risk level for the licence is moderate risk or higher risk and the Department Head determines that the licence is a lower risk licence, that rehabilitation plan has no effect.

(5)Without limiting section 79 or 84AZU, a rehabilitation plan lodged under subsection (1) must—

(a)set out details of how the land covered by the licence or affected by work under the licence will be rehabilitated; and

(b)in the case of a mining licence relating to a declared mine, contain the prescribed mine stability requirements and processes; and

(c)include any matters required by the regulations.

(6)If any part of the land affected by the rehabilitation plan is Crown land, the Department Head must without delay lodge a copy of the rehabilitation plan with the Crown land Minister.

(7)Within 28 days after a copy of the rehabilitation plan is lodged with the Crown land Minister under subsection (6), or any longer period allowed by the Minister, the Crown land Minister—

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

(b)may recommend changes to be made to, or conditions to be imposed on, the rehabilitation plan before it is approved.".

25Work plan—approval

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

"Approval of rehabilitation plan".

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

"(1)If a rehabilitation plan is lodged under section 40, the Department Head must, within the prescribed period after the latest relevant event—

(a)approve the rehabilitation plan with or without conditions; or

(b)require the changes to the rehabilitation plan specified in a notice to the licensee to be made before the plan will be approved; or

(c)refuse to approve the rehabilitation plan.".

(3)In section 40A(2) of the Principal Act—

(a)for "the work plan, require changes to the rehabilitation plan or work plan, or refuse to approve the work plan" substitute "the rehabilitation plan, require changes to the rehabilitation plan, or refuse to approve the rehabilitation plan";

(b)in paragraph (f), for "work" substitute "rehabilitation".

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

"(3)If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7), the Department Head must—

(a)give a copy of the rehabilitation plan to that Minister at least 10 days before approving the rehabilitation plan; and

(b)if the Department Head proposes to determine under section 38AAG that the licence is moderate risk or higher risk, notify that Minister, at least 10 days before making that determination—

(i)of the proposed result of the determination; and

(ii)of any condition proposed to be imposed on the licence.".

(5)In section 40A(4)(a) of the Principal Act, for "his or her decision on the work plan" substitute "the Department Head's decision on the rehabilitation plan".

26Application for variation of work plan

(1)In the heading to section 41 of the Principal Act, for "work" substitute "rehabilitation".

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

"(1)The holder or former holder of a licence who is required to rehabilitate land in accordance with a rehabilitation plan must apply to the Department Head for approval to vary the rehabilitation plan if the holder or former holder—

(a)proposes any changes to the rehabilitation plan that may significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure; or

(b)is directed by the Department Head to lodge an application for variation.".

(3)Section 41(3) of the Principal Act is repealed.

(4)For section 41(4) of the Principal Act substitute—

"(4)If any part of the land relating to the proposed variation of the rehabilitation plan is Crown land, the Department Head must without delay lodge a copy of the application with the Crown land Minister.".

(5)In section 41(4A) of the Principal Act, for "work" substitute "rehabilitation".

(6)Section 41(5) of the Principal Act is repealed.

(7)In section 41(6)(a) of the Principal Act omit "included in the work plan if affected by the proposed variation".

(8)For section 41(7)(a) of the Principal Act substitute—

"(a)must give comments to the Minister on the proposed variation; and ".

27Section 41AAA repealed

Section 41AAA of the Principal Act is repealed.

28Department Head may direct licensee to lodge application for variation of work plan

(1)For the heading to section 41AA of the Principal Act substitute—

"Department Head may direct holder to lodge application for variation of rehabilitation plan".

(2)In section 41AA(1) of the Principal Act, for "work" substitute "rehabilitation".

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

"(2)On making a determination, the Department Head must—

(a)give the licence holder or former licence holder to whom the rehabilitation plan relates written notice of the proposed variation, and the reasons for it; and

(b)give the licence holder or former licence holder an opportunity to comment on the proposal.".

(4)For section 41AA(3) of the Principal Act substitute—

"(3)After considering any comments made by the licence holder or former licence holder, the Department Head may direct the licence holder or former licence holder to lodge an application for approval of the variation.".

(5)Section 41AA(4) of the Principal Act is repealed.

29Approval of variation of work plan

(1)In the heading to section 41AAB of the Principal Act, for "work" substitute "rehabilitation".

(2)In section 41AAB(1) of the Principal Act—

(a)for "licensee" (where twice occurring) substitute "licence holder or former licence holder";

(b)for "work" substitute "rehabilitation".

(3)In section 41AAB(2)(a) of the Principal Act, for "licensee" substitute "licence holder or former licence holder".

(4)In section 41AAB(3) of the Principal Act, for "work" (where twice occurring) substitute "rehabilitation".

(5)In section 41AAB(5) of the Principal Act—

(a)in paragraph (a), for "licensee of his or her" substitute "licence holder or former licence holder of the Department Head's";

(b)in paragraph (b), for "licensee" substitute "licence holder or former licence holder".

30New sections 41AAC and 41AAD inserted

After section 41AAB of the Principal Act insert—

"41AAC   Minor updates to rehabilitation plans

(1)The holder or former holder of a licence who is required to rehabilitate land in accordance with a rehabilitation plan may make a minor update to the rehabilitation plan.

(2)The holder or former holder of the licence must, within the prescribed period, notify the Department Head of making any minor update to the rehabilitation plan.

(3)The Department Head may direct the holder or former holder of a licence who is required to rehabilitate land in accordance with a rehabilitation plan to make a minor update to the rehabilitation plan.

(4)In this section—

minor update means a minor or technical change to the rehabilitation plan that does not significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure.

41AADRequirement to review rehabilitation plan

(1)The holder or former holder of a licence who is required to rehabilitate land in accordance with a rehabilitation plan must review the rehabilitation plan—

(a)within any prescribed period; or

(b)at any prescribed intervals; or

(c)if directed to do so by the Department Head under subsection (2).

(2)The Department Head may direct a licence holder or former licence holder to review a rehabilitation plan in the prescribed circumstances.

(3)After reviewing a rehabilitation plan under subsection (1), the licence holder or former licence holder must, within the prescribed period and in the prescribed manner—

(a)notify the Department Head of the outcome of the review; and

(b)provide the details of any changes required to the rehabilitation plan.

(4)If the holder or former holder of the licence determines that changes required to the rehabilitation plan may significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure, the holder or former holder must apply to vary the rehabilitation plan under section 41 in relation to those changes.

(5)If the holder or former holder of the licence determines that changes required to the rehabilitation plan do not significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure, the holder or former holder must notify the Department Head under section 41AAC in relation to those changes.".

31Variation application must be made if mine is declared

In section 41AE(1) of the Principal Act—

(a)for "licensee" substitute "holder of the licence";

(b)for "work plan" substitute "rehabilitation plan under section 41".

32Planning permits not required for some work variations

(1)For section 42A(1)(a) of the Principal Act substitute—

"(a)a licence holder is required to notify the Department Head under section 43AB of—

(i)a change or proposed change to work for which an Environment Effects Statement was prepared and assessed under section 42(7); or

(ii)a change in circumstances that relates to work for which an Environment Effects Statement was prepared and assessed under that section; and".

(2)In section 42A(2) and (3) of the Principal Act, for "licensee" substitute "licence holder".

33Heading to Division 2 of Part 6A amended

In the heading to Division 2 of Part 6A of the Principal Act, for "Work plans" substitute "Rehabilitation plans".

34Section 77G substituted

For section 77G of the Principal Act substitute—

"77G   Lodgement and approval of rehabilitation plan—extractive industry work authority

(1)A person who proposes to apply for an extractive industry work authority to carry out an extractive industry must lodge a rehabilitation plan with the Department Head if—

(a)the self-assessed risk level for the extractive industry work authority is higher risk or moderate risk; or

(b)the Department Head determines that the extractive industry work authority is higher risk or moderate risk under section 77IB.

(2)If a person lodges a rehabilitation plan under subsection (1) on the basis that the self‑assessed risk level for the extractive industry work authority is moderate risk and the Department Head determines that the extractive industry work authority is a higher risk authority, the person must, within the prescribed period—

(a)review the rehabilitation plan; and

(b)either—

(i)notify the Department Head that no changes to the rehabilitation plan are required; or

(ii)lodge a revised rehabilitation plan with the Department Head.

(3)If a person lodges a rehabilitation plan under subsection (1) on the basis that the self‑assessed risk level for the extractive industry work authority is higher risk and the Department Head determines that the extractive industry work authority is a moderate risk authority, the person must, within the prescribed period—

(a)review the rehabilitation plan; and

(b)either—

(i)notify the Department Head that no changes to the rehabilitation plan are required; or

(ii)lodge a revised rehabilitation plan with the Department Head.

(4)If a person lodges a rehabilitation plan under subsection (1) on the basis that the self‑assessed risk level for the extractive industry work authority is moderate risk or higher risk and the Department Head determines that the extractive industry work authority is a lower risk authority, that rehabilitation plan is of no effect.

(5)Without limiting section 79 or 84AZU, a rehabilitation plan lodged under subsection (1) must—

(a)set out details of how the land affected by work under the extractive industry work authority will be rehabilitated; and

(b)in the case of an extractive industry work authority relating to a declared quarry, contain the prescribed mine stability requirements and processes; and

(c)include any matters required by the regulations.

(6)The Department Head must, within the prescribed period after a rehabilitation plan is lodged under subsection (1)—

(a)approve the rehabilitation plan with or without conditions; or

(b)require the changes to the rehabilitation plan specified in a notice to the person who lodged the plan to be made before the plan will be approved; or

(c)refuse to approve the rehabilitation plan.

(7)The Department Head must—

(a)notify the person who lodged the rehabilitation plan of the Department Head's decision under subsection (6); and

(b)give the person who lodged the rehabilitation plan a statement of reasons for the decision.".

35Application for variation of work plan

(1)In the heading to section 77H of the Principal Act, for "work" substitute "rehabilitation".

(2)For section 77H(1) of the Principal Act substitute—

"(1)The holder or former holder of an extractive industry work authority who is required to rehabilitate land in accordance with a rehabilitation plan must apply to the Department Head for approval to vary the rehabilitation plan if the holder or former holder—

(a)proposes any changes to the rehabilitation plan that may significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure; or

(b)is directed by the Department Head to lodge an application for variation.".

(3)Section 77H(3) of the Principal Act is repealed.

36Section 77HAA repealed

Section 77HAA of the Principal Act is repealed.

37Department Head may direct holder to lodge application for variation of work plan

(1)For the heading to section 77HA of the Principal Act substitute—

"Department Head may direct holder to lodge application for variation of rehabilitation plan".

(2)For section 77HA(1) of the Principal Act substitute—

"(1)The Department Head may, on the Department Head's own initiative, determine that an approved rehabilitation plan be varied.".

(3)In section 77HA(2) of the Principal Act, after "holder" (where twice occurring) insert "or former holder".

(4)For section 77HA(3) of the Principal Act substitute—

"(3)After considering any comments made by the holder or former holder of the extractive industry work authority, the Department Head may direct the holder or former holder to lodge an application for approval of the variation.".

(5)Section 77HA(4) of the Principal Act is repealed.

38Approval of variation of work plan

(1)In the heading to section 77HB of the Principal Act, for "work" substitute "rehabilitation".

(2)In section 77HB(1) of the Principal Act—

(a)after "holder" insert "or former holder";

(b)for "work plan" substitute "rehabilitation plan";

(c)for "licensee" substitute "holder or former holder of the extractive industry work authority".

(3)In section 77HB(2) of the Principal Act—

(a)for "work" substitute "rehabilitation";

(b)for "he or she" substitute "the Department Head".

(4)In section 77HB(3) of the Principal Act, for "work plan" (where twice occurring) substitute "rehabilitation plan".

(5)In section 77HB(4) of the Principal Act—

(a)in paragraph (a), for "holder of the work authority of his or her" substitute "holder or former holder of the work authority of the Department Head's";

(b)in paragraph (b), after "holder" insert "or former holder".

(6)In section 77HB(5) of the Principal Act—

(a)for "work" (where twice occurring) substitute "rehabilitation";

(b)for "to the Department of Environment, Land, Water and Planning" substitute "within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020".

39New sections 77HBA and 77HBB inserted

After section 77HB of the Principal Act insert—

"77HBA   Minor updates to rehabilitation plan

(1)The holder or former holder of an extractive industry work authority who is required to rehabilitate land in accordance with a rehabilitation plan may make a minor update to the rehabilitation plan.

(2)The holder or former holder of the extractive industry work authority must, within the prescribed period, notify the Department Head of making any minor update to the rehabilitation plan.

(3)The Department Head may direct the holder or former holder of an extractive industry work authority who is required to rehabilitate land in accordance with a rehabilitation plan to make a minor update to the rehabilitation plan.

(4)In this section—

minor update means a minor or technical change to the rehabilitation plan that does not significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure.

77HBBRequirement to review rehabilitation plan

(1)The holder or former holder of an extractive industry work authority who is required to rehabilitate land in accordance with a rehabilitation plan must review the rehabilitation plan—

(a)within any prescribed period; or

(b)at any prescribed intervals; or

(c)if directed to do so by the Department Head under subsection (2).

(2)The Department Head may direct the holder or former holder of an extractive industry work authority to review a rehabilitation plan in the prescribed circumstances.

(3)After reviewing the rehabilitation plan under subsection (1), the holder or former holder of the extractive industry work authority must, within the prescribed period and in the prescribed manner—

(a)notify the Department Head of the outcome of the review; and

(b)provide details of any changes required to the rehabilitation plan.

(4)If the holder or former holder of the extractive industry work authority determines that changes required to the rehabilitation plan may significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure, the holder or former holder must apply to vary the rehabilitation plan under section 77H in relation to those changes.

(5)If the holder or former holder of the extractive industry work authority determines that changes required to the rehabilitation plan do not significantly increase the risk of harm to the environment, to members of the public or to land, property or infrastructure, the holder or former holder must notify the Department Head under section 77HBA in relation to those changes.".

40Variation application must be made if quarry is declared

(1)In section 77KB(1) of the Principal Act, for "work plan" substitute "rehabilitation plan".

(2)In section 77KB(3) of the Principal Act, for "and (3) apply" substitute "applies".

PART 6—DUTY TO REHABILITATE LAND

41Licensee must rehabilitate land

(1)For section 78(1) of the Principal Act substitute—

"(1)The holder of the following licences must rehabilitate land in accordance with the rehabilitation plan approved by the Department Head—

(a)a higher risk or moderate risk mining licence;

(b)a higher risk or moderate risk prospecting licence.

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

In any other case, 200 penalty units.".

(2)After section 78(1) of the Principal Act insert—

"(1A)The holder of a lower risk mining licence or a lower risk prospecting licence must rehabilitate land in accordance with any requirements set out in a Code of Compliance that applies to the licence.

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

In any other case, 200 penalty units.".

(3)At the foot of section 78(2) of the Principal Act insert—

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

(b)after subparagraph (i)(B) insert—

"(BA)the duty to eliminate or minimise risk under section 12C; or

(BB)any requirement set out in a Code of Compliance or prescribed standard that applies to the licence; or";

(c)subparagraph (v) is repealed.

(2)Section 38(1B)(a) of the Principal Act is repealed.

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

68Work must be approved

(1)Insert the following heading to section 39 of the Principal Act—

"Licensee must have public liability insurance".

(2)Section 39(1) and (2) of the Principal Act are repealed.

69Minister may require impact statement

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

"(1)This section applies if—

(a)the Minister considers that proposed exploration work under a licence that is the subject of an application under section 38AAG(1) or a notification under section 43AB(1) will have a material impact on the environment; and

(b)a determination or review of the risk level for the licence is pending.

(1A)The Minister may, in writing, require the licensee to submit a statement assessing the impact of the proposed exploration work on the environment.".

70Section 41AD repealed

Section 41AD of the Principal Act is repealed.

71Commencement of work under exploration licence or retention licence

(1)Section 43(1)(ab) of the Principal Act is repealed.

(2)Section 43(1A) of the Principal Act is repealed.

72Effect of contraventions

In section 43A of the Principal Act, for "work" substitute "rehabilitation".

73Prohibition of work near dwellings and certain places and sites

In section 45(1) of the Principal Act—

(a)omit "(4), (4A) or (4B)";

(b)in paragraph (a)(i), for "an approved work plan was registered in respect of" substitute "the work was authorised to be carried out under".

74Certain exploration and mining work complies with section 45

In section 45A(1) of the Principal Act—

(a)for paragraph (a) substitute—

"(a)at the commencement date, the carrying out of the work was approved under this Act; and";

(b)in paragraph (b), for "the approved work plan is still registered" substitute "the approval is still in effect";

(c)in paragraph (c), for "approved work plan" substitute "approval".

75New consent or authorisation for certain work plan variations

(1)In the heading to section 47 of the Principal Act, for "work plan variations" substitute "variations to work".

(2)In section 47(1) and (2) of the Principal Act, for "an approved work plan under section 41" substitute "the work to be carried out under the licence".

76Miner's right

(1)In section 55(1) of the Principal Act, after "following land" insert "(other than prescribed excluded land)".

(2)After section 55(1A) of the Principal Act insert—

"(1B)A miner's right does not entitle the holder to search for minerals on any land that is prescribed excluded land.".

77Tourist fossicking authority

(1)In section 59(1) of the Principal Act, after "in the authority" (where secondly occurring) insert "(other than prescribed excluded land)".

(2)After section 59(1A) of the Principal Act insert—

"(1B)A tourist fossicking authority does not entitle the holder, or any employee or agent of the holder, to search for minerals on any land that is prescribed excluded land.".

78Functions of Department Head regarding mining register

In section 69(2)(a)(iv) of the Principal Act, for "work" substitute "rehabilitation".

79Disclosure of registered information

In section 74(1)(d) and (e) of the Principal Act, for "work" substitute "rehabilitation".

80Planning permits not required for some work variations

For section 77HC(1)(a) of the Principal Act substitute—

"(a)an extractive industry work authority holder is required to notify the Department Head under section 77KAA of—

(i)a change or proposed change to work for which an Environment Effects Statement was prepared and assessed under section 77T; or

(ii)a change in circumstances that relates to work for which an Environment Effects Statement was prepared and assessed under section 77T; and".

81Extractive industry work authorities

In section 77I(3)(a) of the Principal Act, for "work" substitute "rehabilitation".

82Conditions of extractive industry work authorities

Section 77J(2) of the Principal Act is repealed.

83Transfer of an extractive industry work authority

(1)For section 77N(2)(b) of the Principal Act substitute—

"(b)subject to subsection (3), in the case of an existing extractive industry work authority holder who has a rehabilitation plan and a determination under section 77IB of the risk level for the extractive industry work authority, the Minister is satisfied that the rehabilitation plan and determination are adequate.".

(2)For section 77N(3) of the Principal Act substitute—

"(3)If the existing extractive industry work authority holder has a rehabilitation plan and a determination of the risk level for the authority and the Minister is not satisfied that the rehabilitation plan or determination is adequate, the Minister may consent to the transfer of the authority subject to the person to whom the authority is to be transferred being required to do one or both of the following within the time specified by the Minister—

(a)to submit a new rehabilitation plan for approval by the Department Head;

(b)to apply for a review of the risk level for the authority under section 77KAAD.".

84Cancellation of an extractive industry work authority

In section 77O(1) of the Principal Act—

(a)for paragraph (a)(iii) and (iv) substitute—

"(iii)any prescribed standard that applies to the authority; or

(iv)any requirement set out in a Code of Compliance that applies to the authority; or";

(b)in paragraph (b), for "applies; or" substitute "applies.";

(c)paragraph (c) is repealed.

85Part 6B repealed

Part 6B of the Principal Act is repealed.

86Review by Tribunal

(1)In section 77TI(1) of the Principal Act, for "work plan" (wherever occurring) substitute "rehabilitation plan".

(2)Section 77TI(3) of the Principal Act is repealed.

(3)In section 77TI(5) of the Principal Act—

(a)for "Subsections (1) and (3) do not" substitute "Subsection (1) does not";

(b)for "work plan" (where twice occurring) substitute "rehabilitation plan".

(4)After section 77TI(5) of the Principal Act insert—

"(6)The holder of a licence may apply to the Tribunal for a review of—

(a)a decision of the Department Head under section 38AAG(3) to determine the risk level for the licence; or

(b)a decision of the Department Head under section 43AF to determine the risk level for the licence after review; or

(c)a decision of the Department Head under clause 2 of Schedule 10 to determine the risk level for the licence.

(7)The holder of an extractive industry work authority may apply to the Tribunal for a review of—

(a)a decision of the Department Head under section 77IB(1) to determine the risk level for the authority; or

(b)a decision of the Department Head under section 77KAAE to determine the risk level for the authority after review; or

(c)a decision of the Department Head under clause 2 of Schedule 10 to determine the risk level for the authority.

(8)In subsections (6) and (7)—

holder, in relation to a licence or an extractive industry work authority, includes any former holder of a licence or an authority that has ceased to apply to land who is required to rehabilitate the land in accordance with a rehabilitation plan.".

87Application for review

In section 77TJ(b)(i) of the Principal Act, for "77G, 77HB or 77TD" substitute "77G or 77HB".

88What compensation is payable for

In section 85(1), (1A) and (2)(b) of the Principal Act, for "of the work plan" substitute "to carry out".

89What compensation is payable for—Crown land

In section 85A(1) of the Principal Act—

(a)for "the approval of a work plan," substitute "an approval to carry out work,";

(b)for "the approval of the plan," substitute "the approval of the work".

90Compensation agreement

In section 87(1) of the Principal Act, for "of the work plan" substitute "to carry out the work".

91Enforceable undertakings

In section 107(1)(a) of the Principal Act—

(a)after "that the holder" insert "or former holder";

(b)after subparagraph (i) insert—

"(ia)has not complied with the duty to eliminate or minimise risk under section 12C when carrying out work or rehabilitation under the authority; or

(ib)if the authority has ceased to apply to the land, has not complied with the duty to eliminate or minimise risk under section 12C when carrying out rehabilitation under the authority; or

(ic)has not complied with any prescribed standard that applies to the authority; or

(id)has not complied with any requirement set out in a Code of Compliance that applies to the authority; or";

(c)in subparagraphs (iii) and (iv), for "work plan under the authority" substitute "rehabilitation plan".

92Notice requiring authority holder to take action or stop work

In section 110(1)(b) of the Principal Act—

(a)after subparagraph (i) insert—

"(ia)has not complied with the duty to eliminate or minimise risk under section 12C when carrying out work or rehabilitation under the authority; or

(ib)if the authority has ceased to apply to the land, has not complied with the duty to eliminate or minimise risk under section 12C when carrying out rehabilitation under the authority; or

(ic)has not complied with any prescribed standard that applies to the authority; or

(id)has not complied with any requirement set out in a Code of Compliance that applies to the authority; or";

(b)in subparagraphs (iv) and (v), for "work plan under the authority" substitute "rehabilitation plan";

(c)subparagraph (vi) is repealed.

93Surveys, searches and drilling operations

(1)In section 112(1) of the Principal Act, before "stone" insert "minerals or".

(2)In section 112(2) of the Principal Act, after "minerals" insert "or stone".

(3)In section 112(4)(b) of the Principal Act omit "the work plan or".

94Licensee must supply information

(1)Insert the following heading to section 116 of the Principal Act—

"Licensee must supply documents or information".

(2)In section 116(2) of the Principal Act, after "document" insert "or information".

(3)In section 116(3) of the Principal Act—

(a)after "document" insert "or information";

(b)in paragraph (b), before "information" insert "document or".

95Holder of extractive industry work authority or consent to supply information

(1)In the heading to section 116A of the Principal Act, after "supply" insert "documents or".

(2)In section 116A(3) of the Principal Act, after "document" insert "or information".

(3)After section 116A(3) of the Principal Act insert—

"(4)   The Minister may also make a document or information furnished under subsection (1) or (2) available for inspection by the public—

(a)if the holder of the extractive industry work authority or holder of the consent under section 77A consents to the Minister doing so; or

(b)if the holder refuses to consent to the Minister doing so, but the Minister is satisfied that the holder is acting unreasonably in refusing to consent and that it is in the public interest that the document or information should be released while the extractive industry work authority or consent is still in force.".

96State liability

In section 121A(1) of the Principal Act—

(a) for paragraph (f) substitute—

"(f)the refusal to grant any consent or approval under which the exploration for, or the mining of, coal seam gas is to be carried out; or";

(b)for paragraph (g) substitute—

"(g)the refusal to grant any consent or approval under which hydraulic fracturing is proposed to be carried out; or".

97Regulations

(1)In section 124(1) of the Principal Act—

(a)in paragraph (f), for "work" (where twice occurring) substitute "rehabilitation";

(b)after paragraph (f) insert—

"(fa)the review of rehabilitation plans, including the intervals at which a review must be undertaken, the factors that must be considered during a review and the time period within which a review must be completed; and

(fb)the notification of the Department Head of the outcome of a review of a rehabilitation plan, including the time period and manner of the notification and the details that the notification must contain; and";

(c)in paragraph (g), after "right" insert ", including prescribing land to be excluded land for the purposes of miner's rights";

(d)in paragraph (h), after "authority" insert ", including prescribing land to be excluded land for the purposes of tourist fossicking authorities";

(e)after paragraph (s) insert—

"(sa)the information to be furnished to the Minister under section 116A(1) and (2) and the times at which it must be furnished; and".

(2)For section 124(3)(c) of the Principal Act substitute—

"(c)so as to apply, adopt or incorporate any matter contained in any document whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as in force at a particular time or as amended from time to time; and".

98Schedule 4A repealed

Schedule 4A to the Principal Act is repealed.

Division 2—Consequential amendments to Aboriginal Heritage Act 2006

99Amendment of Aboriginal Heritage Act 2006

(1)In section 50 of the Aboriginal Heritage Act 2006, in the definition of earth resource authorisation—

(a)for paragraph (a) substitute—

"(a)a determination under section 38AAG of the Mineral Resources and Extractive Industries Act 1990 that a licence is moderate risk or higher risk;";

(b)after paragraph (a) insert—

"(ab)a determination under section 43AF(3) of the Mineral Resources and Extractive Industries Act 1990 that a licence that was previously lower risk is moderate risk or higher risk;";

(c)in paragraph (b), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 50 of the Aboriginal Heritage Act 2006, in paragraph (a) of the definition of earth resource law, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 50 of the Aboriginal Heritage Act 2006, in the definition of statutory authorisation—

(a)in paragraph (c) omit "other than an authorisation approving an area work plan within the meaning of section 41AD(4) of the Mineral Resources (Sustainable Development) Act 1990";

(b)in paragraph (d) omit "(other than an amendment to an authorisation that approves a variation to an area work plan within the meaning of section 41AD(4) of the Mineral Resources (Sustainable Development) Act 1990)".

Division 3—Consequential amendments to other Acts

100Aboriginal Land (Northcote Land) Act 1989

In section 5(4) of the Aboriginal Land (Northcote Land) Act 1989, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

101Aboriginal Lands (Aborigines' Advancement League) (Watt Street, Northcote) Act 1982

In section 3(4) of the Aboriginal Lands (Aborigines' Advancement League) (Watt Street, Northcote) Act 1982, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

102Catchment and Land Protection Act 1994

(1)In section 3(1) of the Catchment and Land Protection Act 1994, in the definition of land, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 33(4)(a), (b) and (c) of the Catchment and Land Protection Act 1994, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 50(c) of the Catchment and Land Protection Act 1994, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(4)In section 93(1) of the Catchment and Land Protection Act 1994, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

103Conservation, Forests and Lands Act 1987

In section 66(2)(a) of the Conservation, Forests and Lands Act 1987, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

104Criminal Procedure Act 2009

In Schedule 2 to the Criminal Procedure Act 2009—

(a)in the heading to clause 19B, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990";

(b)in clause 19B.1, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

105Crown Land (Reserves) Act 1978

In section 7(1) and (3) of the Crown Land (Reserves) Act 1978, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

106Dangerous Goods Act 1985

(1)In section 10B(2)(b) and (3)(b) of the Dangerous Goods Act 1985, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 11(2)(a) of the Dangerous Goods Act 1985, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 37(4) of the Dangerous Goods Act 1985, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

107EastLink Project Act 2004

In section 131(1) of the EastLink Project Act 2004, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

108Electricity Industry Act 2000

In section 87(1), (2)(b) and (3) of the Electricity Industry Act 2000, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

109Environment Protection Act 2017

In section 275(4) of the Environment Protection Act 2017, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

110Equipment (Public Safety) Act 1994

In section 5(c)(ii) of the Equipment (Public Safety) Act 1994, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

111Fences Act 1968

In section 4(1)(c) and (2)(a) of the Fences Act 1968, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

112Forests Act 1958

(1)In section 6 of the Forests Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 7(1), (2) and (3) of the Forests Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 42(4) and (6) of the Forests Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(4)In section 45(2) of the Forests Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(5)In section 49(1) of the Forests Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(6)In section 50(5A) of the Forests Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

113Geothermal Energy Resources Act 2005

(1)In section 4(1) of the Geothermal Energy Resources Act 2005, in the definition of unrestricted Crown land, in paragraph (c), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 81 of the Geothermal Energy Resources Act 2005, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

114Greenhouse Gas Geological Sequestration Act 2008

(1)In section 3 of the Greenhouse Gas Geological Sequestration Act 2008—

(a)in the definition of resource authority, in paragraph (c), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990";

(b)in the definition of restricted Crown land, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 194 of the Greenhouse Gas Geological Sequestration Act 2008, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

115Land Acquisition and Compensation Act 1986

In section 38(1) and (3) of the Land Acquisition and Compensation Act 1986, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

116Land Act 1958

(1)In section 171 of the Land Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 190 of the Land Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 204 of the Land Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(4)In section 205(2) of the Land Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(5)In section 217 of the Land Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(6)In section 340 of the Land Act 1958, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

117Land Tax Act 2005

In section 86(3)(a) of the Land Tax Act 2005, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

118Marine and Coastal Act 2018

In section 3 of the Marine and Coastal Act 2018, in the definition of applicable Act, in paragraph (m), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

119Melbourne City Link Act 1995

(1)In section 20F(1)(d) of the Melbourne City Link Act 1995, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 41(1) of the Melbourne City Link Act 1995, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 64(1)(e) of the Melbourne City Link Act 1995, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

120National Parks Act 1975

(1)In section 3(1) of the National Parks Act 1975—

(a)in the definition of exploration licence, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990";

(b)in the definition of miner's right, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990";

(c)in the definition of mining licence, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990";

(d)in the definition of search, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990";

(e)in the definition of tourist fossicking authority, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 40 of the National Parks Act 1975, for "Mineral Resources (Sustainable Development) Act 1990" (wherever occurring) substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 43(2)(b) of the National Parks Act 1975, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

121Nuclear Activities (Prohibitions) Act 1983

(1)In section 2 of the Nuclear Activities (Prohibitions) Act 1983, in the definition of mining title, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 9(1)(i) of the Nuclear Activities (Prohibitions) Act 1983, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

122Occupational Health and Safety Act 2004

(1)In section 37(4) of the Occupational Health and Safety Act 2004, in the definition of mine, in paragraph (a), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 95(1)(b) of the Occupational Health and Safety Act 2004, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

123Petroleum Act 1998

In section 4 of the Petroleum Act 1998, in the definition of restricted Crown land, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

124Safety on Public Land Act 2004

In section 16 of the Safety on Public Land Act 2004, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

125Summary Offences Act 1966

In section 50(4) of the Summary Offences Act 1966, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

126Sustainable Forests (Timber) Act 2004

In item 14 of Schedule 2 to the Sustainable Forests (Timber) Act 2004, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

127Traditional Owner Settlement Act 2010

(1)In section 27(1) of the Traditional Owner Settlement Act 2010, in the definition of earth resource or infrastructure authorisation, in paragraphs (a) and (b), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 31(3A) of the Traditional Owner Settlement Act 2010, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 73(4)(a) of the Traditional Owner Settlement Act 2010, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

128Transfer of Land Act 1958

In section 4(1) of the Transfer of Land Act 1958, in the definition of land, in paragraph (a), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

129Underseas Mineral Resources Act 1963

In section 2(1), (2) and (3) of the Underseas Mineral Resources Act 1963, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

130Victorian Civil and Administrative Tribunal Act 1998

(1)In section 52(4) of the Victorian Civil and Administrative Tribunal Act 1998, in the definition of planning enactment, in paragraph (c), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In Schedule 1 to the Victorian Civil and Administrative Tribunal Act 1998—

(a)in clause 2, in the definition of planning enactment, in paragraph (c), for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990";

(b)in the heading to Part 15, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990";

(c)in clause 51, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

131Victorian Plantations Corporation Act 1993

(1)In section 3 of the Victorian Plantations Corporation Act 1993, in the definition of forest produce, for "Mineral Resources (Sustainable Development) Act 1990" (where twice occurring) substitute "Mineral Resources and Extractive Industries Act 1990".

(2)In section 9(2)(b) of the Victorian Plantations Corporation Act 1993, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

(3)In section 26(1) of the Victorian Plantations Corporation Act 1993, for "Mineral Resources (Sustainable Development) Act 1990" substitute "Mineral Resources and Extractive Industries Act 1990".

132Wildlife Act 1975

In section 19(1) of the Wildlife Act 1975, for "Mineral Resources (Sustainable Development) Act 1990" (where twice occurring) substitute "Mineral Resources and Extractive Industries Act 1990".

PART 9—TRANSITIONAL AND SAVINGS PROVISIONS

133New sections 143 and 144 inserted

After section 142 of the Principal Act insert—

"143   Renaming of Act—savings provision

(1)On and after the commencement of section 4 of the Mineral Resources (Sustainable Development) Amendment Act 2023, any reference in any Act (other than this Act), regulation, subordinate instrument or other document whatsoever to the Mineral Resources (Sustainable Development) Act 1990 is to be construed as a reference to the Mineral Resources and Extractive Industries Act 1990, unless the contrary intention appears.

(2)Except as in this Act expressly or by necessary implication provided, all persons, things and circumstances appointed or created by or under this Act or existing or continuing under this Act immediately before the commencement of section 4 of the Mineral Resources (Sustainable Development) Amendment Act 2023 continue under and subject to this Act to have the same status, operation and effect as they respectively would have had if this Act had not been amended by that section.

(3)Nothing in this section limits or otherwise affects the operation of the Interpretation of Legislation Act 1984.

144Transitional provision—Mineral Resources (Sustainable Development) Amendment Act 2023

Schedule 10 has effect.".

134New Schedule 10 inserted

After Schedule 9 to the Principal Act insert—

"Schedule 10—Transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment Act 2023

1Definitions

In this Schedule—

amending Act means the Mineral Resources (Sustainable Development) Amendment Act 2023;

authority means―

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

(b)an extractive industry work authority;

commencement day means the day on which Part 2 of the amending Act comes into operation;

existing authority means—

(a)an authority that is in force immediately before the commencement day; or

(b)an authority that, immediately before the commencement day—

(i)has ceased to apply to land; and

(ii)requires the former holder of the authority to further rehabilitate land;

work plan means a work plan lodged under section 40 or 77G, or varied under section 41AAB or 77HB, as those sections are in force immediately before the commencement day.

2Determination of risk level for existing authorities

(1)The Department Head must determine, within the prescribed period, whether each existing authority is—

(a)lower risk; or

(b)moderate risk; or

(c)higher risk.

(2)When making a determination under subclause (1), the Department Head—

(a)may require the holder or former holder of the existing authority to provide any further information that the Department Head reasonably considers necessary to make the determination; and

(b)may consult with a public sector body within the meaning of section 84AB or, in relation to Crown land, the Crown land Minister; and

(c)must take into account any prescribed factors; and

(d)must follow any process prescribed for making the determination.

(3)Within the prescribed period, the Department Head must—

(a)notify the holder or former holder of the existing authority of the result of the determination; and

(b)give the holder or former holder a statement of reasons for the determination.

(4)A determination under subclause (1) is taken to be—

(a)in the case of a licence, a determination under section 38AAG; or

(b)in the case of an extractive industry work authority, a determination under section 77IB.

3Pending applications

(1)If an application for an authority made under this Act before the commencement day is not finally determined immediately before that day, that application must be determined in accordance with this Act as in force immediately before the commencement day.

(2)Within the prescribed period, the Department Head must—

(a)notify the applicant of the result of a determination under subclause (1); and

(b)give the applicant a statement of reasons for that determination.

(3)If the Department Head determines under subclause (1) to grant the authority, the Department Head must, within the prescribed period, determine whether that authority is—

(a)lower risk; or

(b)moderate risk; or

(c)higher risk.

(4)When making a determination under subclause (3), the Department Head—

(a)may require the applicant to provide any further information that the Department Head reasonably considers necessary to make the determination; and

(b)may consult with a public sector body within the meaning of section 84AB; and

(c)in the case of a mining licence or a prospecting licence, if any work is proposed to be carried out on or relates to Crown land, must as soon as practicable lodge the prescribed information with the Crown land Minister; and

(d)must take into account any prescribed factors; and

(e)must follow any process prescribed for making the determination.

(5)Subclause (4)(c) does not apply if the only work that is proposed to be done on the Crown land is exploration work.

(6)Within 28 days after the prescribed information is lodged with the Crown land Minister under subclause (4)(c), or any longer period allowed by the Minister, the Crown land Minister—

(a)may give comments to the Department Head on the work proposed to be carried out under the licence; and

(b)may recommend variations to be made to the licence; and

(c)may recommend conditions to be imposed on the licence.

(7)Within the prescribed period, the Department Head must—

(a)notify the holder of the authority of the result of a determination under subclause (3); and

(b)give the applicant a statement of reasons for that determination.

(8)A determination under subclause (3) is taken to be—

(a)in the case of a licence, a determination under section 38AAG; or

(b)in the case of an extractive industry work authority, a determination under section 77IB.

4Disclosure of work plan information

The Minister must provide a copy of the following to any person who pays the prescribed fee—

(a)a work plan that is registered immediately before the commencement day;

(b)a variation to a work plan that is registered immediately before the commencement day.

5Continuation of levy payments

An agreement entered into by the Minister or Department Head and any person as to how that person is to meet the whole or part of a liability payable under this Act that is in force immediately before the commencement day is taken not to be affected by any change made to this Act by the amending Act.

6Existing rehabilitation plans

A rehabilitation plan approved by the Department Head that is included in a work plan for an existing authority is, on and from the commencement day, taken to be—

(a)approved by the Department Head under section 40A or 77G (as appropriate) as amended by the amending Act; and

(b)subject to the same conditions as those to which it was subject immediately before the commencement day.".

PART 10—REPEAL OF THIS ACT

135Repeal of this Act

This Act is repealed on 1 July 2028.

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: 21 June 2023

Legislative Council: 3 August 2023

The long title for the Bill for this Act was "A Bill for an Act to amend the Mineral Resources (Sustainable Development) Act 1990 to change the title of that Act and to remove requirements relating to work plans and to make consequential amendments to the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 and other Acts and for other purposes."