Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013 (Vic)
Version No. 004
Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013
S.R. No. 126/2013
Version incorporating amendments as at
8 December 2015
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Revocation
5Definitions
Part 2—Royalties and production returns
6Calculation of royalties
7Minister may determine net market value in certain circumstances
8Time of payment
9Production and royalty return
10Timing and manner of measurement for calculation of a gigajoule unit of lignite produced
Part 3—Licences
11Meaning of competent person
12Exploration licences
13Mining licences
14Prospecting licences
15Retention licences
16Additional fee for mineralisation report
17Additional fee for native title assessment
18Miner's rights
19Tourist fossicking authorities
20Advertising of exploration licence or retention licence application
21Advertising of mining licence application
22Advertising of prospecting licence application
23Advertising of exploration licence, mining licence or retention licence application relating to coal on exempted land
28Survey of mining, prospecting or retention licence area
29Application for the renewal of a licence
30Notice of application for the renewal of a mining licence
32Work plan
32AApplication for variation of work plan
33Reportable events
34Area work plan schedules
35Annual activity and expenditure return
36Technical report of exploration
37Rent on a licence
38Variation of licence
38AVariation to increase licence area
39Tenders
40Advertising and notice of accepted tenders
41Fee for grant of a licence (accepted tender)
42Fees for licence transaction
43Fee for lodging an impact statement
Part 4—Requirements for declared mines
44Mine stability requirements for declared mines
45Reporting relating to declared mines
46Mine stability levy
47Amount of mine stability levy
48How the mine stability levy is to be paid
Part 5—Mining register
49Information in documents
50Fees for information and copies
51Certificate of information
52Approved form
Part 6—Infringements
53Infringements
Part 7—Disclosure of interests
54Definitions
55Duty of disclosure
56Officer must submit statement of disclosure
57Disclosure of interest register
58Inspection of register
Part 8—General
59Consent for work near dwelling
60Expiry
Schedules
Schedule 1—Revoked Regulations
Schedule 2—Information required in application for exploration licence
Schedule 3—Information required in application for mining licence
Schedule 4—Information required in application for prospecting licence
Schedule 5—Information required in application for retention licence
Schedule 6—Miner's right
Schedule 7—Information required in application for tourist fossicking authority
Schedule 8—Information required in notice of application for an exploration licence or retention licence
Schedule 9—Information required in notice of application for a mining licence or prospecting licence
Schedule 10—Information required in application for renewal of exploration licence
Schedule 11—Information required in application for renewal of mining licence
Schedule 12—Information required in application for renewal of retention licence
Schedule 13—Information required in notice of application for renewal of mining licence to owner and occupier of land
Schedule 14—Required information—exploration work
Schedule 18—Information required in expenditure and activities return—Exploration licence
Schedule 19—Information required in expenditure and activities return—mining licence
Schedule 20—Information required in expenditure and activities return—prospecting licence
Schedule 21—Information required in expenditure and activities return—Retention licence
Schedule 22—Information required in technical report
Schedule 23—Exploration Licence No.
Schedule 24—Mining Licence No.
Schedule 25—Prospecting Licence No.
Schedule 26—Retention Licence No.
Schedule 27—Mining work plan fees for mining licences and prospecting licences
Schedule 28—Fees and rents
Schedule 29—Prescribed coal mines for the purposes of the mine stability levy
Schedule 30—Information in documents required to be recorded in the mining register
Schedule 31—Infringements
Schedule 32—Information required in statement of disclosure
Schedule 33—Landowner's consent under section 45
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Endnotes
1 General information
2 Table of Amendments
3 Amendments Not in Operation
4 Explanatory details
Version No. 004
Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013
S.R. No. 126/2013
Version incorporating amendments as at
8 December 2015
Part 1—Preliminary
1Objectives
The objectives of these Regulations are—
(a)to prescribe various procedures, details, royalties, fees, forms, information required in documents and other matters authorised by the Mineral Resources (Sustainable Development) Act 1990; and
(b)to set out requirements relating to survey of licence areas; and
(c)to prescribe certain offences as infringement offences; and
(d)to set out requirements relating to declared mines; and
(e)to set out the requirements for persons who are required, under the Mineral Resources (Sustainable Development) Act 1990, to disclose any interests.
2Authorising provision
These Regulations are made under section 124 of the Mineral Resources (Sustainable Development) Act 1990.
3Commencement
These Regulations come into operation on 20 October 2013.
4Revocation
The Regulations set out in Schedule 1 are revoked.
5Definitions
In these Regulations—
business day means a day other than a Saturday, Sunday or public holiday appointed under the Public Holidays Act 1993;
exploration hazard means any of the following—
(a)the use of explosives;
(b)the taking of flora listed under section 10 or Schedule 2 of the Flora and Fauna Guarantee Act 1988, unless that flora is taken from private land that is not owned by a public authority;
(c)the taking of flora from a community listed under section 10 or Schedule 2 of the Flora and Fauna Guarantee Act 1988, unless that community is found on private land that is not owned by a public authority;
(d)the taking of fauna listed under section 10 or Schedule 2 of the Flora and Fauna Guarantee Act 1988;
(e)the taking of any taxon or community of flora or fauna from any habitat or parts of habitat determined under section 20 of the Flora and Fauna Guarantee Act 1988;
(f)the removal or damaging of more than 1 ha of native vegetation if that area does not contain any native trees during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first;
(g)the removal or damaging of more than 15 native trees that have a trunk diameter of less than 40 cm at a height of 1∙3 m above ground level during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first;
(h)the removal or damaging of more than 5 native trees that have a trunk diameter of 40 cm or more at a height of 1∙3 m above ground level during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first;
(i)the creation of any road, structure or hardstand area without the consent of the owner or occupier of the land on which it is created;
(j)the use of any closed road without the consent of the owner or occupier of the land on which the road is located or undertaking works on any road without the consent of the owner or occupier of the land on which the road is located;
(k)ground intrusive work that––
(i)is within 200 m of a waterway; or
(ii)is on a slope steeper than 1 vertical : 3 horizontal; or
(iii)is of greater than 2 ha in an area of cultural heritage sensitivity during either the term of the licence or a period of 5 years from the grant of the licence, whichever ends first; or
(iv)involves taking water from an aquifer, hydraulic fracturing, or excavation using heavy earth moving equipment;
(l)any other activity and circumstance that causes the Department Head to declare that a work plan must be lodged under section 40(2) of the Act;
gold means any gold or silver content of ore, concentrates, alloy or metal that is sold as a product from a mine the principal activity of which is the mining of gold;
mining hazard means any mining activity and circumstance that may pose a risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of work carried out at a mine;
net market value, of a mineral, means the market value of the mineral at the time it is first sold, transferred or disposed of, less any costs reasonably, necessarily and directly incurred by the licensee in connection with the sale, transfer or disposal (including insurance, freight and marketing expenses);
the Actmeans the Mineral Resources (Sustainable Development) Act 1990.
Part 2—Royalties and production returns
6Calculation of royalties
(1)For the purposes of section 12(1) of the Act, unless otherwise specified in the licence, royalties for all minerals, other than gold and lignite, are payable by the holder of a mining licence or the holder of a prospecting licence at the rate of 2×75 per cent of the net market value.
(2)For the purposes of section 12(2) of the Act, royalties are payable at the rate of $1.43 per cubic metre for tailings from Crown land disposed of by the holder of––
(a)a mining licence under section 14(2)(b) of the Act; or
(b)a prospecting licence under section 14B(2A) of the Act.
7Minister may determine net market value in certain circumstances
(1)If the Minister is of the opinion that the net market value reported in respect of a particular mineral is not a true or fair net market value of the mineral, the Minister may require the licensee to pay a royalty in relation to that mineral on the basis of the net market value of the mineral as determined by the Minister.
Example
This regulation may apply if the Minister is of the view that the costs reported in relation to the sale of a mineral do not all relate to the sale of that mineral, or are unreasonably high.
This regulation may also apply if the Minister is of the view that the reported sale price of a mineral resulted from a transaction that was not a genuine commercial transaction because the parties to the contract were related bodies corporate.
(2)Before making a determination under this regulation, the Minister—
(a)must give the licensee a written notice—
(i)that states that the Minister is of the opinion that the net market value of the mineral may not be a true or fair net market value of the mineral; and
(ii)that states the reasons for that opinion; and
(iii)that invites the licensee to make a written submission in response to the notice within the time specified by the Minister in the notice; and
(b)must consider any submission that is made by the licensee within the time specified in the notice.
(3)The Minister must not specify a period of less than 7 days for the purposes of subregulation (2)(a)(iii).
(4)If the Minister makes a determination under this regulation, the licensee must pay the difference between the amount of royalty already paid in respect of the mineral and the amount of royalty that is payable on the basis of the determination within 28 days after the date the licensee is given written notice of the determination.
(5)The licensee must also pay interest on the amount of that difference calculated from the date the royalty was payable to the date of the payment of the difference at the rate specified in the notice of the determination.
(6)For the purposes of subregulation (5), the Minister may specify a rate that is up to 5 per cent greater than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983.
8Time of payment
For the purposes of section 12(1)(b) and (2) of the Act—
(a)royalties must be paid for each financial year and are due on 30 June each year; and
(b)payment must be received within 28 days after the due date; and
(c)despite paragraphs (a) and (b), the Minister may by notice to the licensee vary the period for which royalties must be paid and the due date for payment; and
(d)unless payment is received within 28 days after the due date (or any other period set by the Minister under paragraph (c)), the payment is subject to interest at the rate prescribed under the Penalty Interest Rates Act 1983; and
(e)if interest is payable under paragraph (d), the interest is to be calculated from the date the royalty was payable to the date of the payment of the royalty and interest.
9Production and royalty return
(1)The holder of a mining licence or prospecting licence must, within 28 days after 30 June each year (or any other period set by the Minister under regulation 8(c)) send to the Department Head—
(a)in relation to the production of lignite, a statement for the 12 months preceding 30 June (or any other period set by the Minister under regulation 8(c)) in a form approved by the Department Head setting out the quantity of lignite produced and the value of the net wet specific energy content of that coal used for the purpose of the calculation of the royalty;
(b)in relation to tailings from Crown land, a statement for the 12 months preceding 30 June (or any other period set by the Minister under regulation 8(c)) in a form approved by the Department Head setting out the quantity of tailings disposed of;
(c)in relation to all other minerals, a statement for the 12 months preceding 30 June (or any other period set by the Minister under regulation 8(c)) in a form approved by the Department Head setting out full details of the quantity of minerals produced and the net market value, including the costs deducted.
Penalty:20 penalty units.
(2)The Department Head, or an officer of the Department authorised by the Department Head, may inspect the mine and books and records of the whole or any part of the last 5 years of production, disposals, transfers, sales and costs to enable the amount of royalty to be assessed.
(3)The licensee must retain the books and records of production, disposals, transfers, sales and costs for inspection purposes for at least 5 years.
Penalty:10 penalty units.
10Timing and manner of measurement for calculation of a gigajoule unit of lignite produced
(1)On or before 31 December 2013, for the purposes of section 12A(5) of the Act—
(a)the prescribed manner for measuring a gigajoule unit of lignite, in units of tonnes per gigajoule, is by using the following formula—
1/NWSE
where—
NWSEis net wet specific energy measured in accordance with an accepted standard of measurement of net wet specific energy in units of gigajoules per tonne, and calculated on the basis of drillhole data representative of the coal for which the royalty is being paid; and
(b)the prescribed time at which the measurement is made is a time that is suitable for performing the measurement in the prescribed manner.
(2)On or before 31 December 2013, for the purposes of section 12A(3)(a) of the Act, the number of gigajoule units of lignite produced is calculated using the following formula—
NWSE × ρV
where—
NWSEis measured in accordance with subregulation (1); and
ρis the density value of the lignite which is representative of the coal for which the royalty is being paid, in tonnes/m3; and
Vis the volume of the lignite in m3 based on volumetric survey measurements taken for the coal for which the royalty is being paid.
(3)On or after 1 January 2014, for the purposes of section 12A(5) of the Act—
(a)the prescribed manner for measuring a gigajoule unit of lignite, in units of tonnes per gigajoule, is by using the following formula—
1/NWSE
where—
NWSEis net wet specific energy measured in units of gigajoules per tonne, and calculated on the basis of historic drillhole data representative of the lignite for which the royalty is being paid, with gross energy value converted to net energy value using Australian Standard AS 1038.5-1998; and
(b)the prescribed time at which the measurement is made is a time that is suitable for performing the measurement in the prescribed manner.
(4)On or after 1 January 2014, for the purposes of section 12A(3)(a) of the Act, the number of gigajoule units of lignite produced is calculated using the following formula—
NWSE × ρV
where—
NWSEis measured in accordance with subregulation (1); and
ρis the average annual in situ density value of the lignite for which the royalty is being paid, in tonnes/m3, and calculated in accordance with the following formula to three decimal places—
where—
Dis the weighted average true density of composite lignite samples taken each month during the period for which the royalty is being paid, with analysis performed using a method involving helium displacement that accords with industry standard, calculated to three decimal places;
Mis the average in situ moisture of the lignite which is representative of the lignite for which the royalty is being paid, based on historic drillhole data, expressed as a percentage, and calculated to one decimal place; and
Vis the volume of the lignite in m3 based on volumetric survey measurements taken for the lignite for which the royalty is being paid.
Part 3—Licences
11Meaning of competent person
(1)For the purposes of section 15(1BG) of the Act, a competent person is—
(a)a person who—
(i)is a Member or Fellow of The Australasian Institute of Mining and Metallurgy, or of the Australian Institute of Geoscientists, or of a Recognised Professional Organisation with enforceable disciplinary processes including the power to suspend or expel a member; and
(ii)has a minimum of five years' experience which is relevant to the style of mineralisation or type of deposit under consideration and to the activity being undertaken; or
(b)in the case of—
(i)coal seam gas; or
(ii)a mineral deposit that is easily and readily assessed visually at the ground surface—
a person who the Minister has determined, on a case by case basis, has the relevant experience in mining or mineral exploration appropriate to the described mineral resource.
(2)In this regulation, Recognised Professional Organisation means an organisation included
in a list of recognised overseas professional organisations as published on the Australasian Joint Ore Reserves Committee (JORC) website or the Australian Stock Exchange (ASX) website.Note
On the commencement of these Regulations, the website of the Australasian Joint Ore Reserves Committee is and the website of the Australian Stock Exchange is licences
(1)An application for an exploration licence under section 15(1), 26AD(1) or 26AJ(1) of the Act must—
(a)contain the information set out in Schedule 2; and
(b)be submitted in accordance with the procedure approved by the Department Head; and
(c)be accompanied by the fee specified in item 1 of Part 1 of Schedule 28 for the date on which the application is made.
(2)An exploration licence must be in the form set out in Schedule 23.
13Mining licences
(1)An application for a mining licence under section 15(1), 26AD(1) or 26AJ(1) of the Act must—
(a)contain the information set out in Schedule 3; and
(b)be submitted in accordance with the procedure approved by the Department Head; and
(c)be accompanied by the fee specified in item 2 of Part 1 of Schedule 28 for the date on which the application is made; and
(d)be accompanied by a survey of the boundaries of the land proposed to be covered by the licence in accordance with regulation 28(1) and Schedule 3.
(2)A mining licence must be in the form set out in Schedule 24.
14Prospecting licences
(1)An application for a prospecting licence under section 15(1) of the Act must—
(a)contain the information set out in Schedule 4; and
(b)be submitted in accordance with the procedure approved by the Department Head; and
(c)be accompanied by the fee specified in item 3 of Part 1 of Schedule 28 for the date on which the application is made; and
(d)be accompanied by a survey of the boundaries of the land proposed to be covered by the licence, if required by regulation 28(2) and Schedule 4.
(2)A prospecting licence must be in the form set out in Schedule 25.
15Retention licences
(1)An application for a retention licence under section 15(1), 26AD(1) or 26AJ(1) of the Act must—
(a)contain the information set out in Schedule 5; and
(b)be submitted in accordance with the procedure approved by the Department Head; and
(c)be accompanied by the fee specified in item 4 of Part 1 of Schedule 28 for the date on which the application is made; and
(d)be accompanied by a survey of the boundaries of the land proposed to be covered by the licence in accordance with regulation 28(1) and Schedule 5.
(2)A retention licence must be in the form set out in Schedule 26.
16Additional fee for mineralisation report
If an application for a mining licence or retention licence requires a mineralisation report, the application must be accompanied by the additional fee specified in item 5 of Part 1 of Schedule 28.
Note
This fee applies on and from 1 January 2015.
17Additional fee for native title assessment
(1)An application for an exploration licence, mining licence, prospecting licence or retention licence must be accompanied by the additional fee specified in item 6 of Part 1 of Schedule 28 if—
(a)Crown land is included in the licence application area; and
(b)an assessment is required of whether or not the provisions of the Native Title Act 1993 of the Commonwealth apply.
(2)Subregulation (1) does not apply if—
(a)a land use activity agreement under the Traditional Owner Settlement Act 2010 applies in relation to all of the Crown land covered by the application; or
(b)if the applicant chooses to excise all Crown land from the licence application area.
Note
This fee applies on and from 1 January 2015.
18Miner's rights
(1)An application for a miner's right under Part 5 of the Act—
(a)may be made electronically, orally or in writing; and
(b)must contain the name and address of the applicant; and
(c)must be accompanied by the fee specified in item 7 of Part 1 of Schedule 28 for the date on which the application is made.
(2)A miner's right must be in the form set out in Schedule 6.
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Note
A miner's right is current for the time, not exceeding 10 years, specified in the miner's right (see section 55(3) of the Act).
19Tourist fossicking authorities
An application for a tourist fossicking authority under section 60 of the Act must—
(a)contain the information set out in Schedule 7; and
(b)be accompanied by the fee specified in item 8 of Part 1 of Schedule 28 for the date on which the application is made.
Note
A tourist fossicking authority is current for the time, not exceeding 10 years, specified in the authority (see section 59(2) of the Act).
20Advertising of exploration licence or retention licence application
(1)An applicant under section 15(1) of the Act for an exploration licence or a retention licence must, within 14 days after being notified that the application has been given the highest ranking—
(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
(b)make the information set out in Part 2 of Schedule 8 publicly available for at least 21 days after the latest date on which the application was advertised under paragraph (a)—
(i)by publishing the information on an Internet site maintained by the applicant; or
(ii)if an Internet site is not available—
(A)by including the information in each of the notices under paragraph (a); or
(B)by another method approved by the Department Head.
(2)If the approval of the Department Head is required under subregulation (1)(b)(ii)(B)—
(a)the applicant must seek the approval of the Department Head within 3 business days after the applicant has been notified that the application has been given the highest ranking; and
(b)the Department Head must notify the applicant of his or her approval or rejection within 3 business days after receiving the applicant's request for approval.
(3)The Department Head may only approve another method under subregulation (1)(b)(ii)(B) if satisfied that the method will ensure the information will be readily accessible to communities in the locality of the licence application area, for the period during which a person may submit an objection to the licence being granted.
(4)An applicant for an exploration licence or retention licence must lodge a copy of any advertisement under subregulation (1)(a) with the Department Head within 28 days after publication of the advertisement.
(5)If the applicant for an exploration or retention licence makes the information set out in Part 2 of Schedule 8 publicly available by another method approved by the Department Head, the applicant must lodge a copy of the information with the Department Head within 28 days after the information is made publicly available.
21Advertising of mining licence application
(1)An applicant under section 15(1) of the Act for a mining licence must, within 14 days after being notified that the application has been given the highest ranking—
(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
(b)make the information set out in Part 2 of Schedule 9 publicly available for at least 21 days after the latest date on which the application was advertised under paragraph (a)—
(i)by publishing the information on an Internet site maintained by the applicant; or
(ii)if an Internet site is not available—
(A)by including the information in each of the notices under paragraph (a); or
(B)by another method approved by the Department Head.
(2)If the approval of the Department Head is required under subregulation (1)(b)(ii)(B)—
(a)the applicant must seek the approval of the Department Head within 3 business days after the applicant has been notified that the application has been given the highest ranking; and
(b)the Department Head must notify the applicant of his or her approval or rejection within 3 business days after receiving the applicant's request for approval.
(3)The Department Head may only approve another method under subregulation (1)(b)(ii)(B) if satisfied that the method will ensure the information will be readily accessible to communities in the locality of the licence application area, for the period during which a person may submit an objection to the licence being granted.
(4)An applicant for a mining licence must lodge a copy of any advertisement under subregulation (1)(a) with the Department Head within 28 days after publication of the advertisement.
(5)If the applicant for a mining licence makes the information set out in Part 2 of Schedule 9 publicly available by another method approved by the Department Head, the applicant must—
(a)serve a copy of the information to the owner and occupier of the land affected within 14 days after being notified that the application has been given the highest ranking; and
(b)lodge a copy of the information with the Department Head within 28 days after the information is made publicly available.
22Advertising of prospecting licence application
(1)An applicant under section 15(1) of the Act for a prospecting licence must, within 14 days after being notified that the application has been given the highest ranking—
(a)insert in one newspaper circulating in each locality of the licence application area, a notice of the application containing the information set out in Part 1 of Schedule 9; and
(b)serve a copy of the notice on the owner and occupier of the land affected.
(2)An applicant for a prospecting licence must lodge a copy of any advertisement under subregulation (1) with the Department Head within 28 days after publication of the advertisement.
23Advertising of exploration licence, mining licence or retention licence application relating to coal on exempted land
(1)For the purposes of sections 26AD(4)(a) and 26AK(3)(a) of the Act, the advertisement of an application for a licence must—
(a)be published in a daily newspaper circulating generally throughout Victoria and in one newspaper circulating in each locality of the licence application area, containing a notice of the application with—
(i)in the case of an exploration licence or retention licence, the information set out in Part 1 of Schedule 8; and
(ii)in the case of a mining licence, the information set out in Part 1 of Schedule 9; and
(b)be made publicly available for at least 21 days after the latest date on which the application was advertised under paragraph (a) by publishing on an Internet site maintained by the applicant—
(i)in the case of an exploration licence or retention licence, the information set out in Part 2 of Schedule 8; or
(ii)in the case of a mining licence, the information set out in Part 2 of Schedule 9.
(2)For the purposes of sections 26AD(4)(b) and 26AK(3)(b) of the Act, the applicant for a mining licence must give notice by serving a copy of the notice specified in subregulation (1)(a)(ii) on the owner or occupier of the land affected by the licence.
* * * * *
* * * * *
* * * * *
* * * * *
28Survey of mining, prospecting or retention licence area
(1)A person who intends to apply for a mining licence or retention licence must survey the boundaries of the land proposed to be covered by the licence and provide the survey as part of the licence application.
(2)The Department Head may require a person who intends to apply for a prospecting licence to survey the boundaries of the land proposed to be covered by the licence and to provide the survey as part of the licence application, if the Department Head is satisfied that a survey is required––
(a)to ensure that the location of the application area is specified accurately; or
(b)to avoid the possibility of a boundary dispute with a nearby licence.
(3)If the Department Head considers it necessary, the Department Head may direct a licensee of a mining, prospecting or retention licence to complete a survey of an existing licence area in order to clarify the boundaries of the licence area.
(4)A licensee of a mining, prospecting or retention licence who is required to survey the boundaries of land which are covered by or proposed to be covered by a licence must comply with the surveying requirements and standards stipulated in the Surveying (Cadastral Surveys) Regulations 2015.
29Application for the renewal of a licence
An application under section 29(1) of the Act for the renewal of a licence must—
(a)for an exploration licence—
(i)contain the information set out in Schedule 10; and
(ii)be accompanied by the fee specified in item 9 of Part 1 of Schedule 28 for the date on which the application is made;
(b)for a mining licence—
(i)contain the information set out in Schedule 11; and
(ii)be accompanied by the fee specified in item 10 of Part 1 of Schedule 28 for the date on which the application is made;
(c)for a retention licence—
(i)contain the information set out in Schedule 12; and
(ii)be accompanied by the fee specified in item 11 of Part 1 of Schedule 28 for the date on which the application is made.
30Notice of application for the renewal of a mining licence
The applicant for the renewal of a mining licence must, within 14 days after lodging an application under section 29(1) of the Act, give notice of the application containing the information set out in Schedule 13 to the owner and occupier of the land affected.
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32Work plan
(1)A work plan must contain the following—
(a)in the case of an exploration licence or retention licence––the information set out in Schedule 14;
(b)in the case of a mining licence or prospecting licence––
(i)if the work proposed to be carried out under the licence is exploration work, the information set out in Schedule 14; or
(ii)if the work proposed to be carried out under the licence is mining work, the information set out in Part 1 of Schedule 15; or
(iii)if the work proposed to be carried out under the licence is mining work that is the mining of coal, the information set out in Parts 1 and 3 of Schedule 15.
(2)In the case of a mining licence or prospecting licence, a work plan lodged under section 40 of the Act (being a work plan that relates to mining) must be accompanied by the relevant fee specified in Schedule 27.
32AApplication for variation of work plan
(1)For the purposes of section 41(2) of the Act, if the work proposed to be carried out under the licence is mining work, the prescribed information is—
(a)a description of any new or changed mining hazard arising from the proposed changes to the work set out in the work plan that significantly increases the risks posed to the environment, to any member of the public, or to land, property and infrastructure in the vicinity of the relevant work; and
(b)the information that relates to, and is applicable to, the proposed changes to the work that is set out in items 3.1 and 4.1 of Part 1 of Schedule 15 in relation to any new or changed mining hazard described under paragraph (a); and
(c)the information that relates to, and is applicable to, the proposed changes to the rehabilitation plan that is set out in item 5.1 of Part 1 of Schedule 15 (as is relevant); and
(d)the information that relates to, and is applicable to, the proposed changes to the community engagement plan that is set out in items 6.1 and 6.2 of Part 1 of Schedule 15 (as is relevant); and
(e)in the case of work proposed to be carried out at a declared mine, the information that relates to, and is applicable to, the proposed changes to the work that may affect mine stability that is set out in Part 2 of Schedule 15; and
(f)in the case of mining work that is the mining of coal, the information that relates to, and is applicable to, the proposed variation to the work that is set out in Part 3 of Schedule 15; and
(g)a description of how the proposed variation to the work plan relates to the current approved work plan.
(2)For the purposes of section 41(2) of the Act, if the work proposed to be carried out under the licence is exploration work, the prescribed information is—
(a)a description of any new or changed exploration hazard arising from the proposed changes to the work set out in the work plan that significantly increases the risks posed to the environment, to any member of the public, or to land, property and infrastructure in the vicinity of the relevant work; and
(b)the information that relates to, and is applicable to, the proposed changes to the work that is set out in items 2.1 and 3.1 of Schedule 14 in relation to any new or changed exploration hazard described under paragraph (a); and
(c)the information that relates to, and is applicable to, the proposed changes to rehabilitation that is set out in item 4 of Schedule 14; and
(d)the information that relates to, and is applicable to, the proposed changes to consultation that is set out in item 5 of Schedule 14; and
(e)a description of how the proposed variation to the work plan relates to the current approved work plan.
(3)In the case of a mining licence or prospecting licence, an application under section 41 of the Act for a variation of an approved work plan (being a work plan that relates to mining) must be accompanied by the relevant fee specified in Schedule 27.
33Reportable events
(1)For the purpose of section 41AC(1) of the Act—
(a)a report of a reportable event notifying the Chief Inspector of the event must be made either orally or in writing as soon as practicable after the event and must include—
(i)the date, time and place of the event;
(ii)a description of the event;
(iii)the steps taken to minimise the impact of the event;
(b)if the Chief Inspector so requests, a written report of a reportable event must be given to the Chief Inspector as soon as practicable after the event occurs and must include—
(i)the date, time and place of the event;
(ii)the details of the event, including the impact, or likely impact of the event on public safety, the environment or infrastructure;
(iii)any known or suspected causes of the event;
(iv)details of the actions taken to minimise the impact of the event; and
(v)details of actions taken or to be taken to prevent a recurrence of the event.
(2)For the purpose of section 41AC(2) of the Act, the following are reportable events—
(a)an event, abnormal to expected, or usual operations that results, or may result, in significant impacts on public safety, the environment or infrastructure;
(b)an explosion or major outbreak of fire;
(c)slope failure, unexpected creep, progressive slope collapse or failure of slope stability control measures;
(d)an injury to a member of the public caused by the carrying out of mining or associated operations;
(e)an uncontrolled outburst of gas;
(f)an unexpected or abnormal inrush of groundwater, other water or other fluid;
(g)an ejection of fly rock, outside the approved work plan area, from blasting;
(h)an escape, spillage or leakage of a harmful or potentially harmful—
(i)substance; or
(ii)slurry; or
(iii)tailings;
(i)a breach of a condition of a licence that results or is likely to result in a risk to the environment, to any member of the public, or to property, land or infrastructure in the vicinity of the work;
(j)an occurrence that results in non-compliance with the work plan or work plan conditions relating to the licence that results or is likely to result in a risk to the environment, to any member of the public, or to property, land or infrastructure in the vicinity of the work.
34Area work plan schedules
For the purposes of section 41AD(1) of the Act, the prescribed information to be contained in an area work plan schedule is—
(a)a description of the activities to be undertaken for the exploration works;
(b)accurate site plans that show—
(i)the location of the exploration works; and
(ii)access routes in relation to identifiable geographic features, including but not limited to tracks, buildings and fences, waterways and vegetation;
(c)the location and conservation status of native vegetation and the presence of threatened flora and fauna;
(d)any other relevant site-specific information about impacts and proposed control or mitigation measures and rehabilitation.
35Annual activity and expenditure return
(1)The holder of a licence must keep a record of the exploration and mining activities undertaken under the licence.
Penalty:20 penalty units.
(2)The holder of a licence must submit to the Minister an annual return of expenditure and activities containing—
(a)for an exploration licence—the information set out in Schedule 18;
(b)for a mining licence—the information set out in Schedule 19;
(c)for a prospecting licence—the information set out in Schedule 20;
(d)for a retention licence—the information set out in Schedule 21.
(3)The holder, or former holder, of a licence must submit the annual return—
(a)within 28 days after the reporting date specified in subregulation (4) or within the period extended under subregulation (6); and
(b)within 28 days after the licence ceases to have effect.
Penalty:20 penalty units.
(4)For the purposes of subregulation (3), the reporting date is—
(a)for mining licences and prospecting licences—30 June;
(b)for exploration licences and retention licences—the date that is specified in the licence or licence renewal as the reporting date.
(5)For the purposes of subregulation (4)(b), one of the following dates must be specified as the reporting date—
(a)30 June;
(b)30 September;
(c)31 December;
(d)31 March.
(6)The Minister may, on a request from the holder, or former holder, of a licence received within the period of 28 days under subregulation (3)(a), extend the period for the submission of the return.
36Technical report of exploration
(1)The holder of an exploration, mining or retention licence must submit an annual technical report to the Minister in relation to the exploration activities undertaken under the licence containing the information set out in Schedule 22.
(2)The holder, or former holder, of the licence must submit the annual report—
(a)within 28 days after the reporting date specified in subregulation (3) or within the period extended under subregulation (6); and
(b)within 28 days after the licence ceases to have effect.
Penalty:20 penalty units.
(3)For the purposes of subregulation (2), the reporting date is—
(a)for mining licences—30 June;
(b)for exploration licences and retention licences—the date that is specified in the licence or licence renewal as the reporting date.
(4)For the purposes of subregulation (3)(b), one of the following dates must be specified as the reporting date—
(a)30 June;
(b)30 September;
(c)31 December;
(d)31 March.
(5)A technical report may encompass the activities occurring in relation to more than one licence if the licences are held by the same licensee, are over adjoining areas and have the same reporting date.
(6)The Minister may, on a request from the holder, or former holder, of a licence received within the period of 28 days under subregulation (2)(a), extend the period for the submission of the report.
(7)Subregulation (1) does not apply to the holder of a mining licence that covers an area of 5 hectares or less that was granted before 1 February 2012.
37Rent on a licence
(1)This regulation applies for the purposes of section 26(4) of the Act.
(2)The holder of a mining or prospecting licence must pay rent in relation to the land covered by the licence as at 31 December 2013, 30 June 2014 and 31 December 2014—
(a)for a mining licence—at the rate specified in column 4 of item 2 of Part 2 of Schedule 28;
(b)for a prospecting licence—at the rate specified in column 4 of item 3 of Part 2 of Schedule 28.
(3)Rent must be paid under subregulation (2) within 28 days after 31 December 2013, 30 June 2014 and 31 December 2014.
(4)The holder of a licence must pay rent in relation to the land covered by the licence as at 30 June 2015—
(a)for an exploration licence—at the rate specified in column 5 of item 1 of Part 2 of Schedule 28;
(b)for a mining licence—at the rate specified in column 5 of item 2 of Part 2 of Schedule 28;
(c)for a prospecting licence—at the rate specified in column 5 of item 3 of Part 2 of Schedule 28;
(d)for a retention licence—at the rate specified in column 5 of item 4 of Part 2 of Schedule 28.
(5)Rent must be paid under subregulation (4) on or before 28 July 2015.
(6)The holder of a licence must pay rent in relation to the land covered by the licence as at 30 June 2016—
(a)for an exploration licence—at the rate specified in column 6 of item 1 of Part 2 of Schedule 28;
(b)for a mining licence—at the rate specified in column 6 of item 2 of Part 2 of Schedule 28;
(c)for a prospecting licence—at the rate specified in column 6 of item 3 of Part 2 of Schedule 28;
(d)for a retention licence—at the rate specified in column 6 of item 4 of Part 2 of Schedule 28.
(7)Rent must be paid under subregulation (6) on or before 28 July 2016.
(8)The holder of a licence must pay rent in relation to the land covered by the licence as at 30 June 2017—
(a)for an exploration licence—at the rate specified in column 7 of item 1 of Part 2 of Schedule 28;
(b)for a mining licence—at the rate specified in column 7 of item 2 of Part 2 of Schedule 28;
(c)for a prospecting licence—at the rate specified in column 7 of item 3 of Part 2 of Schedule 28;
(d)for a retention licence—at the rate specified in column 7 of item 4 of Part 2 of Schedule 28.
(9)Rent must be paid under subregulation (8) on or before 28 July 2017.
(10)The holder of a licence must pay rent in relation to the land covered by the licence as at 30 June 2018 and 30 June of each subsequent year—
(a)for an exploration licence—at the rate specified in column 8 of item 1 of Part 2 of Schedule 28;
(b)for a mining licence—at the rate specified in column 8 of item 2 of Part 2 of Schedule 28;
(c)for a prospecting licence—at the rate specified in column 8 of item 3 of Part 2 of Schedule 28;
(d)for a retention licence—at the rate specified in column 8 of item 4 of Part 2 of Schedule 28.
(11)Rent must be paid each year under subregulation (10) on or before 28 July of that year.
(12)The holder of a licence is not required to pay rent in relation to any land covered by the licence once a notice of surrender is submitted to the Minister in relation to the land.
(13)Despite subregulation (11), the Minister may set a later date, no more than 28 days after a date specified, by which rent must be paid where a holder of a licence can demonstrate that there are special circumstances preventing the payment of rent by the date specified in this subregulation.
Note
Rent is payable by the holder of an exploration licence or retention licence on and from 1 January 2015—see Part 2 of Schedule 28.
38Variation 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.
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.
(4A)Unless the Department Head directs that the boundaries of the licence area be clarified by a survey, a survey of the boundaries of land proposed to be covered by the continuing licence is not required in an application for a variation of a licence.
(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.
39Tenders
For the purposes of section 27(2) of the Act, the information required to be contained in a tender is—
(a)in the case of a tender for an exploration licence, all the items specified in Schedule 2; and
(b)in the case of a tender for a mining licence, all the items specified in Schedule 3; and
(c)in the case of a tender for a retention licence, all the items specified in Schedule 5.
40Advertising and notice of accepted tenders
(1)For the purposes of section 27B(1)(a) of the Act, the advertisement of the acceptance of a tender must—
(a)be published in a daily newspaper circulating generally throughout Victoria and in one newspaper circulating in each locality of the accepted tender licence area, containing a notice with—
(i)in the case of an exploration licence or retention licence, the information set out in Part 1 of Schedule 8; or
(ii)in the case of a mining licence, the information set out in Part 1 of Schedule 9; and
(b)be made publicly available for at least 21 days after the latest date on which the acceptance of a tender was advertised under paragraph (a) by publishing on an Internet site maintained by the successful tenderer—
(i)in the case of an exploration or retention licence, the information set out in Part 2 of Schedule 8; or
(ii)in the case of a mining licence, the information set out in Part 2 of Schedule 9.
(2)For the purposes of section 27B(1)(b) of the Act, the successful tenderer for a mining licence must give notice by serving a copy of the notice specified in subregulation (1)(a)(ii) on the owner or occupier of the land to be affected by the licence.
41Fee for grant of a licence (accepted tender)
Before the Minister may grant a licence following the acceptance of a tender, the successful tenderer must pay—
(a)for an exploration licence, the fee specified in item 14 of Part 1 of Schedule 28 for the date on which the payment is made; or
(b)for a mining licence, the fee specified in item 15 of Part 1 of Schedule 28 for the date on which the payment is made; or
(c)for a retention licence, the fee specified in item 16 of Part 1 of Schedule 28 for the date on which the payment is made.
Note
This fee applies on and from 1 January 2015—see Part 1 of Schedule 28.
42Fees for licence transaction
(1)An application for the transfer of a licence under section 33, 33A or 33B of the Act must be accompanied by the relevant fee specified in item 17 of Part 1 of Schedule 28.
(2)An application for the amalgamation of a licence under section 36 of the Act made at the request of the licensee must be accompanied by the fee specified in item 18 of Part 1 of Schedule 28.
43Fee for lodging an impact statement
An impact statement submitted to the Minister under section 41A(1) of the Act must be accompanied by the fee specified in item 19 of Part 1 of Schedule 28 for the date on which the statement is submitted.
Note
This fee applies on and from 1 January 2015—see Part 1 of Schedule 28.
Part 4—Requirements for declared mines
44Mine stability requirements for declared mines
For the purposes of sections 40(3)(f) and 41AE of the Act, the prescribed mine stability requirements and processes are the requirements and processes set out in Part 2 of Schedule 15.
45Reporting relating to declared mines
(1)The holder of a mining licence that relates to a declared mine must report in writing to the Department Head in respect of each period of 6 months—
(a)ending on 30 June or 31 December; or
(b)if the Department Head nominates other dates in writing to the holder, ending on a date so nominated—
and must provide the report to the Department Head within 3 months after the end of the period to which it relates.
(2)A report under subregulation (1) must include—
(a)the outcomes of reviews of the assessment, plan and controls for the management of geotechnical and hydrogeological risks for the declared mine, taking into account the results of monitoring carried out under the monitoring plan, and details of—
(i)the implementation of control measures;
(ii)any stability modelling undertaken;
(iii)any significant changes in the operation of the declared mine;
(iv)implications for the mine design components;
(b)the results of the monitoring plan set out in the work plan;
(c)a description of activities taken to implement the declared mine stability controls and the groundwater control system set out in Part 2 of Schedule 15 and any recommended changes to the work plan.
46Mine stability levy
For the purposes of section 38AAA of the Act, the mines set out in Schedule 29 are prescribed for the purposes of the mine stability levy.
47Amount of mine stability levy
For the purposes of section 38AAD of the Act, the total amount of the mine stability levy is 34 868 fee units.
48How the mine stability levy is to be paid
(1)For the purposes of section 38AAE of the Act—
(a)the mine stability levy must be paid in respect of each financial year;
(b)a licence holder in respect of a prescribed mine must pay the mine stability levy within 28 days of—
(i)30 June in respect of a financial year ending on that day; or
(ii)any alternative due date specified by the Minister under subregulation (2).
(2)The Minister may, by notice to the licensee, vary the period for which the mine stability levy must be paid and the due date on which the mine stability levy is payable.
(3)The amount of any mine stability levy that is not paid by the due date is subject to interest at the rate prescribed under the Penalty Interest Rates Act 1983.
(4)Any interest payable under subregulation (3) is to be calculated from the due date to the date of the payment of the mine stability levy and interest.
(5)In this regulation, due date means the date by which the mine stability levy is payable under subregulation (1)(b).
Part 5—Mining register
49Information in documents
(1)For the purposes of section 69(2)(b) of the Act, the information to be recorded in relation to a document listed in column 2 of Schedule 30 is the information set out in relation to that document in column 3 of that Schedule.
(2)The Department Head must register documents accepted for registration as soon as is practicable.
50Fees for information and copies
(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)Despite anything to the contrary in this regulation, no fee is payable for accessing the register via the Internet or for downloading information from the register via the Internet.
(3)The fee for a certificate of information issued by the Department Head under section 76 of the Act specified in item 22 of Part 1 of Schedule 28.
51Certificate of information
A certificate of information is in the prescribed form under section 76 of the Act if it states that it is a certificate of information issued under section 76 by the Department Head.
52Approved form
For the purposes of sections 71 and 72 of the Act, an instrument is in an approved form if it is in a form approved by the Department Head.
Part 6—Infringements
53Infringements
(1)An offence specified in column 2 of Schedule 31 is prescribed for the purposes of Part 12 of the Act.
(2)For the purposes of section 106(3) of the Act, the penalty prescribed for an infringement offence is the infringement penalty in column 4 of Schedule 31 set out opposite the infringement offence.
(3)A summary of an infringement offence in column 3 of Schedule 31 is not to be taken to affect the nature or elements of an offence to which the summary refers or the operation of these Regulations.
Part 7—Disclosure of interests
54Definitions
In this Part—
domestic partner of a person means a person with whom the person is in a domestic relationship within the meaning of section 35(1) of the Relationships
Act 2008;family, in relation to an officer, means—
(a)a spouse or domestic partner of that officer; or
(b)a relative of the officer who is under the age of 18 years and who normally resides with the officer;
officer means a person to whom section 118 of the Act applies;
spouse of a person means a person to whom the person is married.
55Duty of disclosure
(1)An officer—
(a)who has an interest exceeding $1000 in value derived from exploration or mining operations in Victoria; or
(b)who has an interest, or who experiences a change in an interest (whether of a pecuniary nature or not) which might appear to raise a conflict with the officer's responsibilities as an officer engaged in the administration of the Act—
must disclose the interest or income source in accordance with these Regulations.
(2)An officer to whom subregulation (1) applies must not perform or exercise any function or power under the Act in relation to the matter to which the interest relates unless the Minister authorises him or her to do so.
(3)Subregulation (1) does not apply to any remuneration or allowance received by an officer under the Act or the Public Administration Act 2004.
Note
Under section 118(2) of the Act, a person who contravenes this regulation is liable to a penalty not exceeding 50 penalty units.
56Officer must submit statement of disclosure
An officer must submit to the Minister a statement of disclosure which contains the information specified in Schedule 32—
(a)within 30 days after becoming an officer; and
(b)when notifying any change in an interest.
57Disclosure of interest register
The Minister must maintain an interest register containing completed statements of disclosure.
58Inspection of register
The register must be kept at a place nominated by the Minister and must be open for inspection by any person who has the consent of the Minister.
Part 8—General
59Consent for work near dwelling
For the purposes of section 45(3)(a) of the Act, the prescribed form of consent is the form in Schedule 33.
60Expiry
These Regulations expire on 19 October 2018.
Schedules
Schedule 1—Revoked Regulations
Regulation 4
| S.R. No. | Title |
| 99/2002 | Mineral Resources Development Regulations 2002 |
| 11/2005 | Mineral Resources Development (Amendment) Regulations 2005 |
| 8/2006 | Mineral Resources Development (Amendment) Regulations 2006 |
| 110/2006 | Mineral Resources Development (Further Amendment) Regulations 2006 |
| 131/2007 | Mineral Resources Development (Amendment) Regulations 2007 |
| 56/2010 | Mineral Resources Development (Mining) Amendment Regulations 2010 |
| 108/2010 | Mineral Resources Development Amendment (Miner's Right and Other Amendments) Regulations 2010 |
| 154/2011 | Mineral Resources Development Amendment Regulations 2011 |
Schedule 2—Information required in application for exploration licence
Regulations 12 and 39
1.Name and address of applicant/s (if the applicant is a company, the registered address of the company).
2.A contact name, telephone number, email address and postal address.
3.If the applicant is a company—
(a)a list of the directors and company secretary of the company; and
(b)a copy of the certificate of registration of the company or certificate of registration on change of name.
4.Area of land applied for in km2.
5.An attached map of 1:100 000 scale indicating the land applied for (the map must show graticular sections).
6.If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 (where applicable and if required)—
(a)excision of all Crown land as advised by the Department;
(b)compliance with the right to negotiate provisions of the Native Title Act 1993 of the Commonwealth;
(c)the entering into of an indigenous land use agreement under the Native Title Act 1993 of the Commonwealth;
(d)compliance with a relevant land use activity agreement under the Traditional Owner Settlement Act 2010.
7.The term required (in years).
8.The estimated annual expenditure for each year of the licence.
9.Evidence of financial capability to fund the estimated expenditure to undertake the proposed program of work (refer item 13).
10.The names and qualifications of technical advisers who will be assisting in the exploration program (if the advisers are not employees of the applicant, include evidence that the advisers have agreed to assist in the exploration).
11.Details of the applicant's experience in exploration or mining activities or both.
12.For the purpose of showing that the applicant is a fit and proper person—
(a)if the Minister has taken action under section 83 of the Act to rehabilitate land because the applicant or an associate of the applicant has not complied with Part 7 of the Act, provide details regarding—
(i)the circumstances which led to the taking of that Ministerial action; and
(ii)when those circumstances arose;
(b)if a licence held by the applicant or an associate of the applicant has been cancelled, provide details regarding—
(i)the circumstances which led to that cancellation; and
(ii)when those circumstances arose;
(c)if the applicant or an associate of the applicant has been convicted of an offence against the Act, provide details regarding—
(i)the nature of the offence; and
(ii)when the offence was committed; and
(iii)the penalty imposed;
(d)if the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty provide details regarding—
(i)the nature of the offence; and
(ii)when the offence was committed; and
(iii)the penalty imposed;
(e)provide an indication of whether the applicant or an associate of the applicant is an insolvent under administration.
13.Details of the proposed program of work for each year of the licence including—
(a)the nature of the work to be undertaken in the following areas—
(i)office-based activities;
(ii)on-ground exploration activities (including, for example, geological mapping, rock and soil sampling (and related geochemistry and mineralogy), ground and airborne geophysical surveys, and remote sensing); and
(iii)sub-surface evaluation activities (including, for example, drilling, trenching, bulk sampling, underground development, and related geochemistry, mineralogy and metallurgy);
(b)as far as is practicable, an indication of the location and focus of the proposed activities with location maps;
(c)a description of the nature of the targets that the program seeks to delineate;
(d)a description of the geological rationale behind the proposed program;
(e)a proposed timing schedule of the exploration program.
* * * * *
15.Preferred annual reporting date.
16.Signature of the applicant/s (see notes 5 and 6).
17.Date of application.
Notes
1.See section 4(1) of the Act for the definition of graticular section.
2.An application for an exploration licence under section 15(1) of the Act must specify the mineral or minerals to which the licence will relate (see further section 15(1BA) of the Act).
3.See section 16(4) of the Act for the definition of associate.
* * * * *
5.Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application.
6.If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application.
7.The Department will advise the applicant on addressing any native title requirements.
Schedule 3—Information required in application for mining licence
Regulations 13 and 39
1.Name and address of applicant/s (if the applicant is a company, the registered address of the company).
2.A contact name, telephone number, email address and postal address.
3.If the applicant is a company—
(a)a list of the directors of the company; and
(b)a copy of the certificate of registration of the company.
4.Area of land applied for (in hectares).
5.An attached map of 1:25 000 scale or larger indicating the land applied for. The map must clearly show—
(a)any boundaries of private and Crown land;
(b)the extent of land used as agricultural land.
5A. A survey of the boundaries of land applied for.
6.The names and addresses of the owner/occupier of any private land covered by the application.
7.If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 (where applicable and if required)—
(a)excision of all Crown land as advised by the Department;
(b)compliance with the right to negotiate provisions of the Native Title Act 1993 of the Commonwealth;
(c)the entering into of an indigenous land use agreement under the Native Title Act 1993 of the Commonwealth;
(d)compliance with a relevant land use activity agreement under the Traditional Owner Settlement Act 2010.
8.If the application includes land which is covered by an exploration licence, a prospecting licence or a retention licence, indicate which of the following is the case—
(a)the applicant is the holder of the exploration licence, prospecting licence or retention licence;
(b)a letter of consent to the application from the holder of the exploration licence, prospecting licence or retention licence is attached to the application.
9.Term required (in years).
10.The estimated annual expenditure for the first 5 years of the licence.
11.Evidence of financial capability to fund the estimated expenditure to undertake the proposed program of work (refer item 16).
12.The names and qualifications of technical advisers who will be assisting in the mining program (if the advisers are not employees of the applicant, include evidence that the advisers have agreed to assist in the mining program).
13.Details of the applicant's experience in mining activities.
14.For the purpose of showing that the applicant is a fit and proper person—
(a)if the Minister has taken action under section 83 of the Act to rehabilitate land because the applicant or an associate of the applicant has not complied with Part 7 of the Act, provide details regarding—
(i)the circumstances which led to the taking of that Ministerial action; and
(ii)when those circumstances arose;
(b)if a licence held by the applicant or an associate of the applicant has been cancelled, provide details regarding—
(i)the circumstances which led to that cancellation; and
(ii)when those circumstances arose;
(c)if the applicant or an associate of the applicant has been convicted of an offence against the Act, provide details regarding—
(i)the nature of the offence; and
(ii)when the offence was committed; and
(iii)the penalty imposed;
(d)if the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty provide details regarding—
(i)the nature of the offence; and
(ii)when the offence was committed; and
(iii)the penalty imposed;
(e)provide an indication of whether the applicant or an associate of the applicant is an insolvent under administration.
15.If a mineralisation report is required under section 15(1BE) of the Act (see note 4), include the following details about the competent person who prepared the report—
(a)contact details;
(b)relevant professional organisation membership/s;
(c)relevant experience.
16.Details of the proposed program of work including:
(a)a map of the location of the proposed mining works in relation to the boundaries of the land included in the application; and
(b)a brief description of the proposed type of works, including—
(i)a description of the mining activities to be undertaken, including the proposed scale of mining;
(ii)where relevant, a statement outlining any studies to be undertaken to further establish the economic viability of mining the mineral resource;
(iii)where relevant, a description of any further geological work to upgrade the mineral resource;
(c)a proposed schedule for—
(i)obtaining any other necessary permits, approvals or authorisations required before mining can commence;
(ii)construction and commissioning for mining;
(iii)commencement of mining.
17.Signature of the applicant/s (see notes 7 and 8).
18.Date of application.
Notes
1.See section 4(1) of the Act for the definition of agricultural land.
2.An application for a mining licence under section 15(1) of the Act must specify the mineral or minerals to which the licence will relate (see further section 15(1BA) of the Act).
3.An application for a mining licence, other than an infrastructure mining licence, must describe a mineral resource in accordance with the guidelines issued by the Minister (see further section 15(1BB) of the Act).
4.If the mineral resource described in an application for a mining licence is not being mined from the land that will be covered by the licence, the application must also include a mineralisation report prepared by a competent person (see further section 15(1BE) and (1BF) of the Act).
5.See section 16(4) of the Act for the definition of associate.
* * * * *
7.Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application.
8.If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application.
9.The Department will advise the applicant on addressing any native title requirements.
Schedule 4—Information required in application for prospecting licence
Regulation 14
1.Name and address of applicant/s (if the applicant is a company, the registered address of the company).
2.A contact name, telephone number, email address and postal address.
3.If the applicant is a company—
(a)a list of the directors of the company; and
(b)a copy of the certificate of registration of the company.
4.Area of land applied for (in hectares) (see note 1).
5.An attached map of 1:25 000 scale indicating the land applied for. The map must clearly show—
(a)any boundaries of private and Crown land;
(b)the extent of land used as agricultural land.
5A. Where required, a survey of the boundaries of land applied for.
6.The names and addresses of the owner/occupier of any private land covered by the application.
7.If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 (where applicable and if required)—
(a)excision of all Crown land as advised by the Department;
(b)compliance with the right to negotiate provisions of the Native Title Act 1993 of the Commonwealth;
(c)the entering into of an indigenous land use agreement under the Native Title Act 1993 of the Commonwealth;
(d)compliance with a relevant land use activity agreement under the Traditional Owner Settlement Act 2010.
8.If the application includes land that is covered by an exploration licence or that is the subject of an application for an exploration licence, indicate which of the following is the case—
(a)the applicant is the holder of, or the applicant for, the exploration licence; or
(b)a letter of consent to the application from the holder of, or the applicant for, the exploration licence is attached to the application; or
(c)the exploration licence was first registered more than 2 years before the application was lodged and the written consent of the holder of this exploration licence to the granting of the prospecting licence is unable to be obtained by the applicant so a request for waiver of the need for consent is attached to the application.
9.If the application includes land that is covered by a retention licence or that is the subject of an application for a retention licence, indicate which of the following is the case—
(a)the applicant is the holder of, or the applicant for, the retention licence; or
(b)a letter of consent to the application from the holder of, or the applicant for, the retention licence is attached to the application.
10.Term required (in years) (see note 5).
11.The estimated annual expenditure for the first 2 years of the licence and the estimated total expenditure for the term of the licence.
12.Evidence of financial capability to fund the estimated expenditure to undertake the proposed program of work (refer item 15).
13.Details of the applicant's experience in exploration or mining activities.
14.For the purpose of showing that the applicant is a fit and proper person—
(a)if the Minister has taken action under section 83 of the Act to rehabilitate land because the applicant or an associate of the applicant has not complied with Part 7 of the Act, provide details regarding—
(i)the circumstances which led to the taking of that Ministerial action; and
(ii)when those circumstances arose;
(b)if a licence held by the applicant or an associate of the applicant has been cancelled, provide details regarding—
(i)the circumstances which led to that cancellation;
(ii)when those circumstances arose;
(c)If the applicant or an associate of the applicant has been convicted of an offence against the Act, provide details regarding—
(i)the nature of the offence;
(ii)when the offence was committed;
(iii)the penalty imposed;
(d)if the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty, provide details regarding—
(i)the nature of the offence;
(ii)when the offence was committed;
(iii)the penalty imposed;
(e)provide an indication of whether the applicant or an associate of the applicant is an insolvent under administration.
15.Details of the proposed program of work including—
(a)a map of the location of the proposed works in relation to the boundaries of the land included in the application; and
(b)a brief description of the proposed type of works.
16.Signature of the applicant/s (see notes 6 and 7).
17.Date of application.
| Column 1 Subparagraph S. 69(2)(a) | Column 2
| Column 3
|
| (xva) | Instrument (including mortgages) for the termination or cancellation of interests in, or conferred by, licence | Licence type/number, Name/s of licensee/s, Area (ha/km2), Name/s of other parties involved, Address/es of parties involved, General nature and purpose of instrument, Stratum of land (if relevant) |
| (xvi) | Determination of the Tribunal or the Supreme Court as to the amount of compensation payable | Licence type/number, Name/s of licensee/s, Address/es of parties involved, Title description of land covered by agreement, Names of parties to agreement |
Schedule 31—Infringements
Regulation 53
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| 1 | An offence under section 8 of the Act | as a person, other than the Crown, prospect, fossick or otherwise search for minerals, or carry out any exploration or mining, on any land other than in accordance with section 8(1)(a) or (b) of the Act | 5 penalty units for an individual or 25 penalty units for a corporation |
| * * * * * | |||
| 3 | An offence under section 26AV of the Act | enter any land, or carry out any surveying, without the required insurance in the required amount | 5 penalty units for an individual or 25 penalty units for a corporation |
| 4 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is done in an area or at a location not authorised in the licence or work plan | do work outside the area or at a location other than authorised by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| 5 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is done outside of the hours authorised by the licence or work plan | do work outside the hours authorised by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| 6 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is done in buffer zones not authorised by the licence or work plan | do work in buffer zones other than authorised by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| 7 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is blasting work not authorised by the licence or work plan | do blasting work other than authorised by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| 8 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it exceeds blasting limits specified in the licence or work plan | do work which exceeds blasting limits specified by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| 9 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved | do work which discharges water other than authorised by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| work plan because it discharges water other than authorised by the licence or work plan | |||
| 10 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it exceeds noise limits specified in the licence or work plan | do work which exceeds noise limits specified in the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| 11 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it is drilling work not authorised by the licence or approved work plan | do drilling work other than authorised by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| 12 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it exceeds dust limits specified in the licence or work plan | do work which exceeds dust limits specified in the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| 13 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it removes native vegetation other than authorised by the licence or work plan | do work which removes native vegetation other than authorised by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| 14 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or | do work to construct a fence which is not in accordance with the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| the approved work plan because it constructs a fence not in accordance with the licence or work plan | |||
| 15 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it rehabilitates a drill-hole, including but not limited to failing to plug a drill-hole, that is not authorised in the licence or work plan | do work to rehabilitate a drill-hole other than in accordance with the licence or approved work plan, including but not limited to failing to plug a drill-hole as required | 12 penalty units for an individual or 60 penalty units for a corporation |
| 16 | An offence under section 39(1) of the Act constituted by doing work under a licence that is not in accordance with the licence or the approved work plan because it | do work which involves storing, handling, transporting, using, disposing or discharging of a chemical other than authorised by the licence or approved work plan | 12 penalty units for an individual or 60 penalty units for a corporation |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| involves the storing, handling, transporting, using, disposing or discharging of a chemical other than authorised by the licence or work plan | |||
| 17 | An offence under section 42(1) of the Act | as a holder of a mining licence or prospecting licence, do work under a licence without satisfying the requirements of section 42(1) of the Act | 12 penalty units for an individual or 60 penalty units for a corporation |
| 18 | An offence under section 39(5) of the Act | do work under a licence without the required public liability insurance in the required amount | 12 penalty units for an individual or 60 penalty units for a corporation |
| 19 | An offence under section 43(1) of the Act | as the holder of an exploration licence or retention licence, carry out any work (other than low impact exploration) on the land covered by the licence other than in accordance with section 43(1) of the Act | 12 penalty units for an individual or 60 penalty units for a corporation |
| 20 | An offence under section 58(1)(a) of the Act | as a holder of a miner's right, use any equipment for the purposes of excavation on the land, other than non-mechanical hand tools | 10 penalty units |
| 21 | An offence under section 58(1)(b) of the Act | as a holder of a miner's right, use explosives on the land | 10 penalty units |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| 22 | An offence under section 58(1)(c) of the Act | as a holder of a miner's right, remove or damage any tree or shrub on the land | 10 penalty units |
| 23 | An offence under section 58(1)(d) of the Act | as a holder of a miner's right, disturb any Aboriginal place or Aboriginal object on the land | 10 penalty units |
| 24 | An offence under section 58(2) of the Act | as a holder of a miner's right, fail to repair any damage to the land arising out of the search | 5 penalty units |
| 25 | An offence under section 62(1)(a) of the Act | as a holder of a tourist fossicking authority, use any equipment for the purposes of excavation on the land, other than non-mechanical hand tools | 10 penalty units |
| 26 | An offence under section 62(1)(b) of the Act | as a holder of a tourist fossicking authority, use explosives on the land | 10 penalty units |
| 27 | An offence under section 62(1)(c) of the Act | as a holder of a tourist fossicking authority, remove or damage any tree or shrub on the land | 10 penalty units |
| 28 | An offence under section 62(1)(d) of the Act | as a holder of a tourist fossicking authority, disturb any Aboriginal place or Aboriginal object on the land | 10 penalty units |
| 29 | An offence under section 62(2) of the Act | as a holder of a tourist fossicking authority, fail to ensure that a person who searches for minerals under that authority does not do anything specified in section 62(1) of the Act | 10 penalty units |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| 30 | An offence under section 62(3) of the Act | as a holder of a tourist fossicking authority, fail to repair any damage to the land arising out of the searching for minerals under that authority by any person | 5 penalty units |
| 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 |
| 31 | An offence under section 80(6) of the Act | fail to comply with a notice under section 80(5) of the Act | 12 penalty units for an individual or 60 penalty units for a corporation |
| 32 | An offence under regulation 9(1) of these Regulations | fail to send a production and royalty return to the Department Head by the due date | 5 penalty units |
| * * * * * | |||
| * * * * * | |||
| 35 | An offence under regulation 35(1) of these Regulations | as the holder of a licence, fail to keep a record of exploration or mining activities undertaken under the licence | 5 penalty units |
| 36 | An offence under regulation 35(3) of these Regulations | as the holder of a licence, fail to submit an annual return within 28 days after the due date or within the extended period of time for submission | 5 penalty units |
| Item | Infringement offence | Summary of infringement | Infringement penalty |
| 37 | An offence under regulation 36(2) of these Regulations | as the holder of an exploration, mining or retention licence, fail to submit an annual technical report of exploration within 28 days after the due date or within the extended period of time for submission | 5 penalty units |
Schedule 32—Information required in statement of disclosure
Regulation 56
1.Name of officer.
2.Position and classification of officer.
3.Indicate whether this is the first statement or a statement following a change in an interest.
4.Details of any shares, stocks, bonds, money or any other interest you hold or receive or are entitled to hold or receive to the value of $1000 or more in or from a company or organisation engaged in exploration or mining in Victoria.
5.Details of any benefit, income or entitlement to the value of $1000 or more received or entitled to be received by you or anyone in your family which might appear to raise a material conflict with your duties or responsibilities under the Act.
6.Details of any office or position you hold with any company or organisation engaged in exploration or mining in Victoria.
7.Details of any other information which you need to, or wish to, disclose.
8.Signature of officer.
9.Date.
Schedule 33—Landowner's consent under section 45
Regulation 59
Part 1
IMPORTANT NOTICE TO LANDOWNER—PLEASE READ BEFORE SIGNING
The licensee is prohibited by section 45(1) of the Mineral Resources (Sustainable Development) Act 1990 (the Act) from doing any work within 100 metres laterally of a dwelling house that existed before an approved work plan was registered in respect of the licence or within 100 metres below that area, unless the licensee has the written consent of the owners of the land on which that dwelling house is located or an authority from the Minister.
Note
Work is defined in section 45(7) of the Mineral Resources (Sustainable Development) Act 1990 and covers a range of mining related activities. The licensee proposes to do work in accordance with the description or work plan attached to this form.
By signing this form, you give your written consent to the licensee doing work within 100 metres laterally of a dwelling house situated on your land or within 100 metres below that area.
What happens if I give consent?
Your consent is voluntary. You are not required to sign this form.
If you do give consent:
1.You cannot withdraw your consent, nor can any subsequent owner withdraw your consent.
2.Your consent binds all subsequent owners and occupiers of the land.
3.If the land is owned by 2 or more people, all the owners must give their consent by signing this form and each owner's signature will need to be witnessed.
4.You may specify depth or distance restrictions.
Before you sign this form:
You may wish to seek advice before you decide whether to give consent.
Part 2
LANDOWNER'S CONSENT UNDER SECTION 45
Office Use only: |
LICENSEE:
Name of Licensee:
Address of Licensee:
Licence Number and Type:
LANDOWNER(S):
Name:
Address:
Name:
Address:
PARTICULARS OF LAND:
Address/description:
Title Particulars:
*I am/we are the owner(s) of the land set out above. *I/we understand that the licensee is prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Mineral Resources (Sustainable Development) Act 1990 from doing work within 100 metres laterally of a dwelling house situated on the land or within 100 metres below that area, unless *I/we give written consent.
*I/we consent to the licensee doing work within and below the area otherwise prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Act in accordance with the description or work plan attached to this consent.
*This consent is given subject to the following condition(s) as to distance or depth:
OR
*This consent is not subject to any conditions.
*I/We have read the notice to landowners, above, and understand that:
·*My/our consent is voluntary; and
·*I/we cannot withdraw this consent; and
·this consent binds all subsequent owners and occupiers of the land.
Signature of landowner:
Name of landowner:
Witnessed by:
Signature of witness:
Name of witness:
Date:
*cross out if not applicable
═══════════════
Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
The Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013, S.R. No. 126/2013 were made on 15 October 2013 by the Lieutenant-Governor, as the Governor's Deputy, with the advice of the Executive Council under section 124 of the Mineral Resources (Sustainable Development) Act 1990, No. 92/1990 and came into operation on 20 October 2013: regulation 3.
The Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013 will expire on 19 October 2018: see regulation 60.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2014, S.R. No. 169/2014
Date of Making: 21.10.14 Date of Commencement: 1.11.14: reg. 3
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2015, S.R. No. 98/2015
Date of Making: 25.08.15 Date of Commencement: Regs 5–30 on 1.9.15: reg. 3
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment (Risk-Based Work Plans) Regulations 2015, S.R. No. 149/2015
Date of Making: 8.12.15 Date of Commencement: 8.12.15: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
4 Explanatory details
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 2015 is $13.60. 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.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2015 is $151.67.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty 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 penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 10 | Australian Standard AS 1038.5-1998 Standards for Coal and coke - Analysis and testing - Gross calorific value, published by Standards Australia on 5 June 1998 | The whole |
| Regulation 11(2) | List of recognised overseas professional organisations as published by the Australasian Joint Ore Reserves Committee on its website from time to time | The whole list of recognised overseas professional organisations |
| Regulation 11(2) | List of recognised overseas professional organisations as published by the Australian Stock Exchange on its website from time to time | The whole list of recognised overseas professional organisations |
0
0
0