Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2014 (Vic)
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2014
S.R. No. 169/2014
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Advertising of exploration licence or retention licence
application6Advertising of mining licence application
7Advertising of prospecting licence application
8Advertising of exploration licence, mining licence or retention licence application relating to coal on exempted land
9Regulation 38 substituted
38Variation of licence
10New regulation 38A inserted
38AVariation to increase licence area
11Advertising and notice of accepted tenders
12Regulation 41 amended
13Regulation 42 amended
14Fee for lodging an impact statement
15Fees for information and copies
16Schedule 8 amended
17Schedule 9 amended
18Schedule 24 amended
19Schedule 25 amended
20Schedule 27 substituted
SCHEDULE 27—Mining Work Plan Fees for Mining Licences and Prospecting Licences
1Definitions
2Fee for lodgement of work plan
3Fee for varying a work plan
21Schedule 28 substituted
SCHEDULE 28—Fees and Rents
PART 1—FEES
PART 2—RENTS
22Schedule 30 amended
23Schedule 31 amended
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ENDNOTES
STATUTORY RULES 2014
S.R. No. 169/2014
Mineral Resources (Sustainable Development) Act 1990
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2014
The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:
Dated: 21 October 2014
Responsible Minister:
RUSSELL NORTHE
Minister for Energy and Resources
YVETTE CARISBROOKE
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013—
(a)to prescribe matters relating to advertising of exploration, mining and retention licence applications; and
(b)to prescribe circumstances where a licence may be varied by the Minister; and
(c)to remove references to work authority; and
(d)to prescribe section 80(4A) of the Mineral Resources (Sustainable Development) Act 1990 as an infringement offence; and
(e)to clarify fee and rent amounts for matters authorised under the Mineral Resources (Sustainable Development) Act 1990; and
(f)to make other minor and technical amendments.
2Authorising provision
These Regulations are made under section 124 of the Mineral Resources (Sustainable Development) Act 1990.
3Commencement
These Regulations come into operation on 1 November 2014.
4Principal Regulations
In these Regulations, the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013[1] are called the Principal Regulations.
5Advertising of exploration licence or retention licence application
For regulation 20(1)(a) of the Principal Regulations substitute—
"(a)insert a notice of the application containing the information set out in Part 1 of Schedule 8 in—
(i)a Wednesday edition of a newspaper circulating generally in Victoria; and
(ii)one newspaper circulating in each locality of the licence application area; and".
6Advertising of mining licence application
For regulation 21(1)(a) of the Principal Regulations substitute—
"(a)insert a notice of the application containing the information set out in Part 1 of Schedule 9 in—
(i)a Wednesday edition of a newspaper circulating generally in Victoria; and
(ii)one newspaper circulating in each locality of the licence application area; and
(ab)serve a copy of the notice of the application that was advertised under paragraph (a) on the owner and occupier of the land; and".
7Advertising of prospecting licence application
In regulation 22(1)(a) of the Principal Regulations, for "or more newspapers circulating in the" substitute "newspaper circulating in each".
8Advertising of exploration licence, mining licence or retention licence application relating to coal on exempted land
In regulation 23(1)(a) of the Principal Regulations, for "one or more newspapers circulating in the locality" substitute "one newspaper circulating in each locality".
9Regulation 38 substituted
For regulation 38 of the Principal Regulations substitute—
"38 Variation of licence
(1)A licence may be varied by the Minister if it is necessary to provide another licensee with access for conveying minerals or materials across the land covered by the licence.
(2)The variation may be an excision from the licence.
(3)The Minister may vary, suspend or revoke a condition of a licence, or add a new condition, if the Minister decides it is necessary to do so to ensure public safety in relation to work done under the licence.
(4)The circumstances specified in subregulations (1), (2) and (3) are prescribed circumstances for the purposes of section 34(2)(d) of the Act.
(5)An application for the variation of a licence under section 34(2)(a) of the Act must be accompanied by the fee specified in item 12 of Part 1 of Schedule 28 for the date on which the application is made.".
10New regulation 38A inserted
After regulation 38 of the Principal Regulations insert—
"38AVariation to increase licence area
(1)This regulation applies to the holder of an exploration, mining or retention licence (the continuing licence) covering land that surrounds an area of land covered by—
(a)another licence that is a mining licence not exceeding 5 hectares; or
(b)another licence that is a prospecting licence; or
(c)an application for a prospecting licence.
(2)The holder of a continuing licence may, within 28 days of a licence referred to in subregulation (1)(a) or (b) or an application referred to in subregulation (1)(c) ceasing to have effect, request that the Minister vary the licence to include the land covered by that licence or application within the continuing licence.
(3)The continuing licence is taken to surround a licence referred to in subregulation (1)(a) or (b) or an application referred to in subregulation (1)(c) if the land covered by the continuing licence shares at least one common boundary with the land covered by the licence or application for a licence.
(4)A request to vary a licence for the purposes of this regulation is to be treated as an application for a licence for the purposes of section 23 of the Act.
(5)The circumstances specified in subregulation (2) are prescribed circumstances for the purposes of section 34(2)(d) of the Act.
(6)An application for a variation of a licence under section 34(2)(a) of the Act must be accompanied by the fee specified in item 13 of Part 1 of Schedule 28 for the date on which the application is made.".
11Advertising and notice of accepted tenders
In regulation 40(1)(a) of the Principal Regulations, for "or more newspapers circulating in the" substitute "newspaper circulating in each".
12Regulation 41 amended
(1)In regulation 41(a) of the Principal Regulations, for "item 13" substitute "item 14".
(2)In regulation 41(b) of the Principal Regulations, for "item 14" substitute "item 15".
(3)In regulation 41(c) of the Principal Regulations, for "item 15" substitute "item 16".
13Regulation 42 amended
(1)In regulation 42(1) of the Principal Regulations, for "item 16" substitute "item 17".
(2)In regulation 42(2) of the Principal Regulations, for "item 17" substitute "item 18".
14Fee for lodging an impact statement
In regulation 43 of the Principal Regulations, for "item 18" substitute "item 19".
15Fees for information and copies
(1)For regulation 50(1) of the Principal Regulations substitute—
"(1) For the purposes of section 74(1) of the Act—
(a)the prescribed fee for each access allowed to the register is specified in item 20 of Part 1 of Schedule 28; and
(b)the prescribed fee for each instance of information provided or each copy provided is specified in item 21 of Part 1 of Schedule 28.".
(2)In regulation 50(3) of the Principal Regulations, for "is 1∙8 fee units" substitute "specified in item 22 of Part 1 of Schedule 28".
16Schedule 8 amended
In item 6 of Part 1 of Schedule 8 to the Principal Regulations, for "the newspaper circulating in the locality" substitute "one newspaper circulating in each locality".
17Schedule 9 amended
In item 6 of Part 1 of Schedule 9 to the Principal Regulations, for "the newspaper circulating in the locality" substitute "one newspaper circulating in each locality".
18Schedule 24 amended
(1)In item 2(b) of Schedule 24 to the Principal Regulations, for "plan; and" substitute "plan—".
(2)Item 2(c) of Schedule 24 to the Principal Regulations is revoked.
(3)In item 3 of Schedule 24 to the Principal Regulations, for "On receiving a work authority" substitute "On satisfying the requirements of section 42(1) of the Act".
19Schedule 25 amended
(1)In item 1 of Schedule 25 to the Principal Regulations, after "section" insert "15(9) or".
(2)In item 2(b) of Schedule 25 to the Principal Regulations, for "plan; and" substitute "plan—".
(3)Item 2(c) of Schedule 25 to the Principal Regulations is revoked.
(4)In item 3 of Schedule 25 to the Principal Regulations, for "On receiving a work authority" substitute "On satisfying the requirements of section 42(1) of the Act".
20Schedule 27 substituted
For Schedule 27 to the Principal Regulations substitute—
"SCHEDULE 27
Regulation 32
MINING WORK PLAN FEES FOR MINING LICENCES AND PROSPECTING LICENCES
1Definitions
(1)In this Schedule—
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 mine, means—
(a)a residence, school, kindergarten, aged care facility, hospital, childcare centre or community facility; or
(b)a place or class of places declared under subclause (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 the mining to be carried out in that mine.
(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 this Schedule.
(3)In determining the perimeter of the area for the purposes of the Schedule, any buffer zone in or in relation to that area is to be excluded.
2Fee for lodgement of work plan
(1)The fee for lodging a work plan (being a work plan that relates to mining) on or after 1 January 2015 and before 1 January 2016 for a category of mining licence, prospecting licence or mine 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 plan | EES work plan | ||
| 1 | Mining licence that covers an area of 5 hectares or less or prospecting licence | 97×9 fee units | N/A |
| 2 | Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan | 244×7 fee units | 978×8 fee units |
| 3 | Mine (including underground mine) 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 | 293×6 fee units | 978×8 fee units |
| 4 | Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 244×7 fee units | 978×8 fee units |
| 5 | Mine (including underground mine) with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 587×3 fee units | 1957×6 fee units |
(2)The fee for lodging a work plan (being a work plan that relates to mining) on or after 1 January 2016 and before 1 January 2017 for a category of mining licence, prospecting licence or mine 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 plan | EES work plan | ||
| 1 | Mining licence that covers an area of 5 hectares or less or prospecting licence | 110×6 fee units | N/A |
| 2 | Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan | 276×5 fee units | 1106×3 fee units |
| 3 | Mine (including underground mine) 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 | 331×9 fee units | 1106×3 fee units |
| 4 | Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 276×5 fee units | 1106×3 fee units |
| 5 | Mine (including underground mine) with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 663×8 fee units | 2212×5 fee units |
(3)The fee for lodging a work plan (being a work plan that relates to mining) on or after 1 January 2017 for a category of mining licence, prospecting licence or mine 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 plan | EES work plan | ||
| 1 | Mining licence that covers an area of 5 hectares or less or prospecting licence | 123×4 fee units | N/A |
| 2 | Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan | 308×4 fee units | 1233×8 fee units |
| 3 | Mine (including underground mine) 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 | 370×1 fee units | 1233×8 fee units |
| 4 | Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 308×4 fee units | 1233×8 fee units |
| 5 | Mine (including underground mine) with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 740×3 fee units | 2467×5 fee units |
3Fee for varying a work plan
(1)The fee for varying a work plan (being a work plan that relates to mining) on or after 1 January 2015 and before 1 January 2016 for a category of mining licence, prospecting licence or mine 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 plan | EES work plan | Other work plan | ||
| 1 | Mining licence that covers an area of 5 hectares or less or prospecting licence | 90×8 fee units | N/A | 30×2 fee units |
| 2 | Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the application | 242×0 fee units | 907×4 fee units | 75×6 fee units |
| 3 | Mine (including underground mine) with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application | 302×5 fee units | 907×4 fee units | 90×8 fee units |
| 4 | Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the application | 242×0 fee units | 907×4 fee units | 75×6 fee units |
| 5 | Mine (including underground mine) with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application | 604×9 fee units | 1814×8 fee units | 181×5 fee units |
(2)The fee for varying a work plan (being a work plan that relates to mining) on or after 1 January 2016 and before 1 January 2017 for a category of mining licence, prospecting licence or mine 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 plan | EES work plan | Other work plan | ||
| 1 | Mining licence that covers an area of 5 hectares or less or prospecting licence | 102×6 fee units | N/A | 34×2 fee units |
| 2 | Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the application | 273×5 fee units | 1025×6 fee units | 85×5 fee units |
| 3 | Mine (including underground mine) with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application | 341×9 fee units | 1025×6 fee units | 102×6 fee units |
| 4 | Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the application | 273×5 fee units | 1025×6 fee units | 85×5 fee units |
| 5 | Mine (including underground mine) with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application | 683×7 fee units | 2051×1 fee units | 205×2 fee units |
(3)The fee for varying a work plan (being a work plan that relates to mining) on or after 1 January 2017 for a category of mining licence, prospecting licence or mine 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 plan | EES work plan | Other work plan | ||
| 1 | Mining licence that covers an area of 5 hectares or less or prospecting licence | 114×4 fee units | N/A | 38×1 fee units |
| 2 | Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the application | 305×0 fee units | 1143×8 fee units | 95×3 fee units |
| 3 | Mine (including underground mine) with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application | 381×3 fee units | 1143×8 fee units | 114×4 fee units |
| 4 | Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the application | 305×0 fee units | 1143×8 fee units | 95×3 fee units |
| 5 | Mine (including underground mine) with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application | 762×5 fee units | 2287×5 fee units | 228×8 fee units |
__________________".
21Schedule 28 substituted
For Schedule 28 to the Principal Regulations substitute—
"SCHEDULE 28
FEES AND RENTS
PART 1—FEES
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 |
| Item No. | Reg. No. | Nature of fee | Amount before 1 January 2015 | Amount on or after 1 January 2015 and before 1 January 2016 | Amount on or after 1 January 2016 and before 1 January 2017 | Amount on or after 1 January 2017 |
| 1 | 12 | Application fee for an exploration licence | 90 fee units per 500 square kilometres | 115×7 fee units | 130×7 fee units | 145×8 fee units |
| 2 | 13 | Application fee for a mining licence | 135 fee units for every 260 hectares | 208×1 fee units | 235×2 fee units | 262×3 fee units |
| 3 | 14 | Application fee for a prospecting licence | 40 fee units | 39×7 fee units | 44×8 fee units | 50 fee units |
| 4 | 15 | Application fee for a retention licence | 135 fee units per 260 hectares | 115×7 fee units | 130×7 fee units | 145×8 fee units |
| 5 | 16 | Additional fee for a mineralisation report | N/A | 52×4 fee units | 59×2 fee units | 66 fee units |
| 6 | 17 | Additional fee for a native title assessment | N/A | 58×3 fee units | 65×9 fee units | 73×5 fee units |
| 7 | 18 | Application fee for a miner's right | 2×5 fee units (2 years) 7 fee units (10 years) | 1×3 fee units | 1×5 fee units | 1×7 fee units |
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 |
| Item No. | Reg. No. | Nature of fee | Amount before 1 January 2015 | Amount on or after 1 January 2015 and before 1 January 2016 | Amount on or after 1 January 2016 and before 1 January 2017 | Amount on or after 1 January 2017 |
| 8 | 19 | Application fee for a tourist fossicking authority | 30 fee units (2 years) 40×5 fee units (10 years) | 5×1 fee units | 5×7 fee units | 6×4 fee units |
| 9 | 29 | Application fee for renewal of an exploration licence | 90 fee units per 500 square kilometres | 60×5 fee units | 68.4 fee units | 76×3 fee units |
| 10 | 29 | Application fee for renewal of a mining licence | 85 fee units for every 260 hectares | 60×8 fee units | 68×8 fee units | 76×7 fee units |
| 11 | 29 | Application fee for renewal of a retention licence | 85 fee units for every 260 hectares | 60×5 fee units | 68×4 fee units | 76×3 fee units |
| 12 | 38 | Application fee for variation of a licence | 10 fee units | 21×7 fee units | 24×5 fee units | 27×3 fee units |
| 13 | 38A | Application fee for variation to increase licence area | 10 fee units | 21×7 fee units | 24×5 fee units | 27×3 fee units |
| 14 | 41 | Fee for grant of exploration licence (accepted tender) | N/A | 115×7 fee units | 130×7 fee units | 145×8 fee units |
| 15 | 41 | Fee for grant of mining licence (accepted tender) | N/A | 208×1 fee units | 235×2 fee units | 262×3 fee units |
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 |
| Item No. | Reg. No. | Nature of fee | Amount before 1 January 2015 | Amount on or after 1 January 2015 and before 1 January 2016 | Amount on or after 1 January 2016 and before 1 January 2017 | Amount on or after 1 January 2017 |
| 16 | 41 | Fee for grant of retention licence (accepted tender) | N/A | 115×7 fee units | 130×7 fee units | 145×8 fee units |
| 17 | 42 | Application for transfer of a licence | 30 fee units | 11×3 fee units | 12×8 fee units | 14×3 fee units |
| 18 | 42 | Fee for an amalgamation of a licence made at the request of the licensee | 30 fee units | 18×4 fee units | 20×8 fee units | 23×2 fee units |
| 19 | 43 | Fee for lodging an impact statement | N/A | 126×8 fee units | 143×3 fee units | 159×8 fee units |
| 20 | 50 | Fee for access to mining register | N/A | 1×3 fee units | 1×5 fee units | 1×7 fee units |
| 21 | 50 | Fee for the provision of information and copies | N/A | 1×3 fee units | 1×5 fee units | 1×7 fee units |
| 22 | 50 | Fee for certificate of information and copies | N/A | 1×3 fee units | 1×5 fee units | 1×7 fee units |
PART 2—RENTS
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 | Column 8 |
| Item No. | Reg. No. | Rate for assessing rent | Rate before 1 January 2015 | Rate on or after 1 January 2015 and before 1 July 2015 | Rate on or after 1 July 2015 and before 1 July 2016 | Rate on or after 1 July 2016 and before 1 July 2017 | Rate on or after 1 July 2017 |
| 1 | 37 | Rate for assessing rent payable for an exploration licence | N/A | 2×8 fee units per 10 graticules | 5×9 fee units per 10 graticules | 6×6 fee units per 10 graticules | 6×9 fee units per 10 graticules |
| 2 | 37 | Rate for assessing rent payable for a mining licence | 1×5 fee units per hectare | 5×7 fee units per 10 hectares | 12×1 fee units per 10 hectares | 13×6 fee units per 10 hectares | 14×3 fee units per 10 hectares |
| 3 | 37 | Rate for assessing rent payable for a prospecting licence | 1×5 fee units per hectare | 2×8 fee units | 6×0 fee units | 6×8 fee units | 7·1 fee units |
| 4 | 37 | Rate for assessing rent payable for a retention licence | N/A | 1 fee unit per 10 hectares | 2.1 fee units per 10 hectares | 2×3 fee units per 10 hectares | 2×4 fee units per 10 hectares |
__________________".
22Schedule 30 amended
In the Table in Schedule 30 to the Principal Regulations item (v) is revoked.
23Schedule 31 amended
In the Table in Schedule 31 to the Principal Regulations—
(a)in column 2 of item 17, for "section 39(3)" substitute "section 42(1)"; and
(b)in column 3 of item 17, for "a work authority (except as permitted by section 39(4) of the Act)" substitute "satisfying the requirements of section 42(1) of the Act"; and
(c)after item 30 insert—
"30A
An offence under section 80(4A) of the Act
fail to comply with a requirement to enter into a further rehabilitation bond
5 penalty units for an individual or 25 penalty units for a corporation".
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ENDNOTES
[1] Reg. 4: S.R. No. 126/2013.
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