Mineral Resources (Sustainable Development) (Extractive Industries) Amendment Regulations 2014 (Vic)
Mineral Resources (Sustainable Development) (Extractive Industries) Amendment Regulations 2014
S.R. No. 154/2014
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
3Definitions
6Fee for lodging a work plan
7Fee for application to vary a work plan
8Fee for application for work authority
8Fee for application for work authority
9New regulation 8A inserted
8AAnnual fee for work authority granted
10Fee for request to vary a work authority
11Fee for transfer of work authority
12Revocation of regulation 15
13New Schedule 1AA inserted
SCHEDULE 1AA—Fee for Lodging a Work Plan
14New Schedules 1A, 1B and 1C inserted
SCHEDULE 1A—Fee for Application to Vary a Work Plan
SCHEDULE 1B—Fees Relating to Work Authorities
SCHEDULE 1C—Annual Fee for Work Authority Granted
15Schedule 4 amended
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ENDNOTES
STATUTORY RULES 2014
S.R. No. 154/2014
Mineral Resources (Sustainable Development) Act 1990
Mineral Resources (Sustainable Development) (Extractive Industries) Amendment Regulations 2014
The Governor in Council makes the following Regulations:
Dated: 7 October 2014
Responsible Minister:
RUSSELL NORTHE
Minister for Energy and ResourcesYVETTE CARISBROOKE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010 to prescribe fees and charges payable in relation to extractive industries activities.
2Authorising provision
These Regulations are made under section 124 of the Mineral Resources (Sustainable Development) Act 1990.
3Commencement
(1)Subject to subregulation (2), these Regulations come into operation on 1 January 2015.
(2)Regulation 15 comes into operation on 1 November 2014.
4Principal Regulations
In these Regulations, the Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010[1] are called the Principal Regulations.
5Definitions
For regulation 3 of the Principal Regulations substitute—
"3 Definitions
(1)In these Regulations—
EES work plan means a work plan or variation to a work plan for work in respect of which an Environment Effects Statement is prepared under the Environment Effects Act 1978;
SE work plan means a work plan or variation to a work plan for work in respect of which a planning permit is required;
sensitive location, in relation to a quarry, means—
(a)a residence, school, kindergarten, aged care facility, hospital, childcare centre or community facility;
(b)a place or class of places declared under subregulation (2) to be a sensitive location—
but does not include any premises that are owned or occupied by the person who lodges a work plan or applies to vary a work plan in relation to an extractive industry to be carried out in that quarry;
the Act means the Mineral Resources (Sustainable Development) Act 1990.
(2)The Minister, by notice published in the Government Gazette, may declare a place or class of places to be a sensitive location for the purposes of these Regulations.".
6Fee for lodging a work plan
In regulation 4 of the Principal Regulations, for "a fee of 31 fee units" substitute "the fee specified in Schedule 1AA".
7Fee for application to vary a work plan
In regulation 6(1) of the Principal Regulations, for "a fee of 26 fee units" substitute "the fee specified in Schedule 1A".
8Fee for application for work authority
For regulation 8 of the Principal Regulations substitute—
"8 Fee for application for work authority
A person who, under section 77I(1) of the Act, applies for an authority to carry out an extractive industry on land must pay the fee specified in item 1 of Schedule 1B for the date on which the application is made.".
9New regulation 8A inserted
After regulation 8 of the Principal Regulations insert—
"8A Annual fee for work authority granted
(1)A person who, under section 77I(2) of the Act, is granted an extractive industry work authority must, for each financial year in which the authority is in force, pay the fee specified in Schedule 1C for that financial year.
(2)A fee payable under subregulation (1) must be paid no later than 31 July following the end of the financial year for which the fee is payable.".
10Fee for request to vary a work authority
In regulation 9 of the Principal Regulations, for "a fee of 26 fee units" substitute "the fee specified in item 2 of Schedule 1B for the date on which the request is made".
11Fee for transfer of work authority
In regulation 10 of the Principal Regulations, for "a fee of 16 fee units" substitute "the fee specified in item 3 of Schedule 1B for the date on which the consent is sought".
12Revocation of regulation 15
Regulation 15 of the Principal Regulations is revoked.
13New Schedule 1AA inserted
Before Schedule 1 to the Principal Regulations insert—
"SCHEDULE 1AA
Regulation 4
FEE FOR LODGING A WORK PLAN
(1)The fee for lodging a work plan with the Department Head under section 77G(1) of the Act on or after 1 January 2015 and before 1 January 2016 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan 1 Extractive industry work authority granted over an area of less than 5 hectares 42 fee units N/A 2 Quarry with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 104×9 fee units 419×5 fee units 3 Quarry with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 125×8 fee units 419×5 fee units 4 Quarry with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 104×9 fee units 419×5 fee units 5 Quarry with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 251×7 fee units 839 fee units
(2)The fee for lodging a work plan with the Department Head under section 77G(1) of the Act on or after 1 January 2016 and before 1 January 2017 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan 1 Extractive industry work authority granted over an area of less than 5 hectares 82×7 fee units N/A 2 Quarry with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 206×6 fee units 826×6 fee units 3 Quarry with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 248 fee units 826×6 fee units 4 Quarry with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 206×6 fee units 826×6 fee units
Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan 5 Quarry with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 496 fee units 1653×2 fee units (3)The fee for lodging a work plan with the Department Head under section 77G(1) of the Act on or after 1 January 2017 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan 1 Extractive industry work authority granted over an area of less than 5 hectares 123×4 fee units N/A 2 Quarry with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 308×4 fee units 1233×8 fee units 3 Quarry with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 370×1 fee units 1233×8 fee units 4 Quarry with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 308×4 fee units 1233×8 fee units 5 Quarry with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan (excluding any buffer zones) 740×3 fee units 2467×5 fee units
__________________".
14New Schedules 1A, 1B and 1C inserted
After Schedule 1 to the Principal Regulations insert—
"SCHEDULE 1A
Regulation 6
FEE FOR APPLICATION TO VARY A WORK PLAN
(1)The fee for lodging an application under section 77H(3) of the Act for the approval of a variation of a work plan on or after 1 January 2015 and before 1 January 2016 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan Other work plan 1 Extractive industry work authority granted over an area of less than 5 hectares 38×9 fee units N/A 13 fee units
2 Quarry with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) 103×7 fee units 388×9 fee units 32×4 fee units Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan Other work plan 3 Quarry with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) 129×6 fee units 388×9 fee units 38×9 fee units 4 Quarry with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) 103×7 fee units 388×9 fee units 32×4 fee units 5 Quarry with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) 259×3 fee units 777×8 fee units 77×8 fee units
(2)The fee for lodging an application under section 77H(3) of the Act for the approval of a work plan on or after 1 January 2016 and before 1 January 2017 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan Other work plan
1 Extractive industry work authority granted over an area of less than 5 hectares 76×6 fee units N/A 25×5 fee units 2 Quarry with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) 204×4 fee units 766×3 fee units 63×9 fee units 3 Quarry with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) 255×5 fee units 766×3 fee units 76×6 fee units Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan Other work plan 4 Quarry with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) 204×4 fee units 766×3 fee units 63×9 fee units 5 Quarry with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) 510×9 fee units 1532×6 fee units 153×3 fee units (3)The fee for lodging an application under section 77H(3) of the Act for the approval of a work plan on or after 1 January 2017 for an extractive industry to be carried out under a category of extractive industry work authority or in a category of quarry specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan Other work plan 1 Extractive industry work authority granted over an area of less than 5 hectares 114×4 fee units N/A 38×1 fee units 2 Quarry with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) 305 fee units 1143×8 fee units 95×3 fee units 3 Quarry with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application (excluding any buffer zones) 381×3 fee units 1143×8 fee units 114×4 fee units
Column 1 Column 2 Column 3 Item Category Fee
SE work planEES work plan Other work plan 4 Quarry with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) 305 fee units 1143×8 fee units 95×3 fee units 5 Quarry with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application (excluding any buffer zones) 762×5 fee units 2287×5 fee units 228×8 fee units
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SCHEDULE 1B
Regulations 8, 9 and 10
FEES RELATING TO WORK AUTHORITIES
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
| Item No. | Reg. No. | Nature of fee | Fee on or after 1 January 2015 to 31 December 2015 | Fee on or after 1 January 2016 to 31 December 2016 | Fee on or after 1 January 2017 |
| 1 | 8 | Fee for application for work authority | 30×1 fee units | 59×3 fee units | 88×5 fee units |
| 2 | 9 | Fee for request to vary a work authority | 6×8 fee units | 13×4 fee units | 20 fee units |
| 3 | 10 | Fee for transfer of work authority | 4×7 fee units | 9×2 fee units | 13×7 fee units |
__________________
SCHEDULE 1C
Regulation 8A
ANNUAL FEE FOR WORK AUTHORITY GRANTED
(1)The annual fee for an extractive industry work authority under which a total useable quantity of product with a value of total sales at gate specified in column 2 of the following Table is produced during the financial year ending on 30 June 2015 is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Value of total sales at gate of useable quantity produced under work authority Fee 1 $0 to $100 000 4×8 fee units 2 $100 001 to $500 000 9×5 fee units 3 $500 001 to $1 000 000 19 fee units 4 $1 000 001 to $5 000 000 75×9 fee units 5 $5 000 001 to $10 000 000 113×8 fee units 6 More than $10 000 000 142×2 fee units (2)The annual fee for an extractive industry work authority under which a total useable quantity of product with a value of total sales at gate specified in column 2 of the following Table is produced during the financial year ending on 30 June 2016 is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Value of total sales at gate of useable quantity produced under work authority Fee 1 $0 to $100 000 14×1 fee units 2 $100 001 to $500 000 28×2 fee units 3 $500 001 to $1 000 000 56×3 fee units 4 $1 000 001 to $5 000 000 225×4 fee units 5 $5 000 001 to $10 000 000 338 fee units 6 More than $10 000 000 422×5 fee units (3)The annual fee for an extractive industry work authority under which a total useable quantity of product with a value of total sales at gate specified in column 2 of the following Table is produced during the financial year ending on 30 June 2017 is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Value of total sales at gate of useable quantity produced under work authority Fee 1 $0 to $100 000 23×3 fee units 2 $100 001 to $500 000 46×6 fee units 3 $500 001 to $1 000 000 93×1 fee units 4 $1 000 001 to $5 000 000 372×6 fee units 5 $5 000 001 to $10 000 000 558×8 fee units 6 More than $10 000 000 698×6 fee units
(4)From 1 July 2017, the annual fee for an extractive industry work authority for a financial year during which a total useable quantity of product with a value of total sales at gate specified in column 2 of the following Table is produced under that authority is the fee specified in the corresponding entry in column 3 of that Table.
Column 1 Column 2 Column 3 Item Value of total sales at gate of useable quantity produced under work authority Fee 1 $0 to $100 000 27×9 fee units 2 $100 001 to $500 000 55×8 fee units 3 $500 001 to $1 000 000 111×5 fee units 4 $1 000 001 to $5 000 000 446×2 fee units 5 $5 000 001 to $10 000 000 669×2 fee units 6 More than $10 000 000 836×6 fee units
Note
The total useable quantity of product produced under the extractive industry work authority and the value of total sales at gate is reported annually in accordance with section 116A of the Act.
__________________".
15Schedule 4 amended
In the Table in Schedule 4 to the Principal Regulations, after item 3 insert—
| "3A | An offence against section 80(4A) of the Act | Failing to comply with a requirement to enter into a further rehabilitation bond | 25 penalty units in the case of a corporation or 5 penalty units in any other case". |
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ENDNOTES
[1] Reg. 4: S.R. No. 3/2010.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2014 is $13.24. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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