Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 (Vic)
Version No. 005
Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019
S.R. No. 48/2019
Version incorporating amendments as at
20 October 2025
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary
1Objectives
2Authorising provision
3Commencement
4Definitions
Part 2—Royalties and production returns
5Period for which royalties are payable
6Calculation of royalties
7Minister may determine net market value in certain circumstances
8Production and royalty return
9Time of payment
10Records relating to royalties
11Timing and manner of measurement for calculation of a gigajoule unit of lignite produced
Part 3—Licences
Division 1—Licence applications
12Meaning of competent person
13Information requirements—all licence applications
14Additional information requirements—exploration licence applications
15Additional information requirements—mining licence applications
16Additional information requirements—prospecting licence applications
17Additional information requirements—retention licence applications
18Form of licence applications
19Fees for licence applications
20Additional fee for mineralisation report
21Additional fee for native title assessment
22Advertising a licence application
23Notice of mining licence or prospecting licence application to be given to owner and occupier of land affected
24Surveys
Division 2—Tenders
25Information requirements for tenders
26Advertising and notice of accepted tenders
27Fee for grant of a licence (accepted tender)
Division 3—Grant of licence
28Form of licence
29Rent on a licence
Division 4—Licence renewal
30Information requirements for renewal of exploration licences
31Information requirements for renewal of mining licences
32Information requirements for renewal of retention licences
33Form of application for renewal of a licence
34Fee for application for renewal of a licence
35Notice of application for the renewal of a mining licence
Division 5—Changes to licences
36Fee for transfer of licence
37Fee for variation of licence
38Prescribed circumstances for variation of licence
39Fee for amalgamation of licence
Division 6—Work plans
40Information required in work plans
41Information required in work plans—exploration work and related rehabilitation
42Information required in work plans—mining work
43Information required in work plans—rehabilitation plans
44Information required in work plans—identification of hazards and risks
45Information required in work plans—risk management plan
46Information required in work plans—community consultation
47Fees for work plans
48Information required in application for variation of work plan
49Fees for work plan variations
50Fee for submitting an impact statement
Division 7—Reporting
51Reportable events
52Recording of activities undertaken under a licence
53Annual reporting requirements
54Information requirements for the annual return of expenditure and activities
55Additional information requirements for the annual return of expenditure and activities—exploration licences and retention licences
56Additional information requirements for the annual return of expenditure and activities—mining licences and prospecting licences
57Requirements for annual technical report on exploration activity
57ARequirements for annual reports for declared mine rehabilitation plans
Part 4—Other authorities
58Miner's rights
59Tourist fossicking authorities
Part 5—Requirements for declared mines
Division 1—Mine stability levy
60Mine stability levy
61Amount of mine stability levy
62How the mine stability levy is to be paid
63Mine stability requirements and processes for declared mines
Division 2—Reporting
64Reporting requirements for declared mines
Division 3—Declared mine rehabilitation
64APrescribed period for preparation of declared mine rehabilitation plan
64BMinister may approve a longer period to prepare a declared mine rehabilitation plan
64CClosure criteria
64DPost-closure plan
64EForm and procedure for undertaking to pay registration amount
64FMatters required in a declared mine rehabilitation plan
64GDeclared mine licensee consultations with prescribed persons or class of persons
64HDuty for declared mine licensee to give notice of consultations
64IApproved form of declared mine rehabilitation plan
64JMatters to be included in a declared mine rehabilitation plan or a variation to a plan for consideration of the Department Head
Division 4—Approval and variation of declared mine rehabilitation plans
64KDepartment Head to consider plan for rehabilitation of declared mine land
64LPrescribed process—consideration of plan for rehabilitation of declared mine land by Department Head
64MPrescribed process—consideration of variation of declared mine rehabilitation plan by Department Head
Part 5A—Closure determinations and Declared Mine Fund
Division 1—Closure determinations
64NApplication for closure determination
64OMatters to be taken into account by the Minister
64PPrescribed process—consultation by the Minister on an application for closure determination
Division 2—Declared Mine Fund
64QDetermining the amount to be paid into the Declared Mine Fund
Part 5B—Register of declared mine land
64RRegistration of declared mine land
Part 6—Mining register
64SDocuments required to be recorded in the mining register
65Information in documents
66Fees for information and copies
67Certificate of information
Part 7—Infringements
68Infringements
Part 8—Disclosure of interests
69Duty of disclosure
Part 9—General
70Consent for work near dwelling
Part 10—Transitional provisions
71Saving of production and royalty return—financial year 2018–19
72Saving of annual return of expenditure and activities for the year ending 30 June 2019
73Saving of annual technical report for the year ending 30 June 2019
74Royalties for gold—gold produced before 1 January 2020
Schedule 1—Information required in notice of licence application
Schedule 2—Information required in notice of acceptance of a tender for a licence
Schedule 3—Exploration licence
Schedule 4—Mining licence
Schedule 5—Prospecting licence
Schedule 6—Retention licence
Schedule 7—Information required in notice of application for renewal of mining licence to owner and occupier of land
Schedule 8—Fire risk management plan for coal mines
Schedule 9—Work plan fees for mining licences and prospecting licences
Schedule 10—Miner's right
Schedule 11—Tourist Fossicking Authority
Schedule 12—Stability requirements and processes for declared mines
Schedule 13—Information in documents required to be recorded in the mining register
Schedule 14—Infringements
Schedule 15—Landowner's consent under section 45
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 005
Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019
S.R. No. 48/2019
Version incorporating amendments as at
20 October 2025
PART 1—PRELIMINARY
1Objectives
The objectives of these Regulations are—
(a)to prescribe various procedures, details, royalties, fees, forms, rents, information required in documents and other matters authorised by the Mineral Resources (Sustainable Development) Act 1990; and
(b)to prescribe certain offences as infringement offences; and
(c)to set out requirements relating to declared mines; and
(d)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 1 July 2019.
4Definitions
In these Regulations—
Environment Protection Authority has the same meaning as Authority has in the Environment Protection Act 2017;
exploration hazard means any exploration 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 under a licence;
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);
rehabilitation hazard means any rehabilitation 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 the rehabilitation activity;
rehabilitation milestone means a measurable, significant event or step in the process of rehabilitation;
rehabilitation or closure milestone, in relation to a declared mine rehabilitation plan, means a rehabilitation or closure milestone included in that plan in accordance with regulation 64F(2)(c);
relevant period means—
(a)a financial year for which royalties must be paid; or
(b)if the Minister varies the period for which royalties must be paid under regulation 5(2), the varied period;
safe, stable and sustainable means—
(a)is not likely to cause injury or illness; and
(b)structurally, geotechnically and hydrogeologically sound; and
(c)non-polluting; and
(d)aligns with the principles of sustainable development;
the Actmeans the Mineral Resources (Sustainable Development) Act 1990;
work plan area means the area where work described in the work plan is, or is proposed to be, carried out;
work plan minor variation, in relation to an approved work plan, means a variation to the work plan that the Department Head determines to be a minor variation under section 41AAA of the Act.
PART 2—ROYALTIES AND PRODUCTION RETURNS
5Period for which royalties are payable
(1)For the purposes of section 12(1)(b) and (2) of the Act––
(a)royalties are payable in respect of each financial year; or
(b)if the Minister, under subregulation (2), varies the period in respect of which royalties are payable, royalties are payable in respect of the varied period.
(2)The Minister, by notice in writing to the licence holder, may vary the period in respect of which royalties are payable.
6Calculation of royalties
(1)For the purposes of section 12(1)(b) of the Act, royalties for any mineral, other than gold or 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 of the mineral produced under the licence.
(1A)For the purposes of section 12(1)(b) of the Act, royalties for gold are payable by the holder of a mining licence at the rate of 2·75 per cent of the net market value of the gold produced under the licence.
(1B)Despite subregulation (1A), no royalties for gold are payable in respect of the first 2500 ounces of gold produced under a mining licence during—
(a)the period beginning on 1 January 2020 and ending on 30 June 2020; or
(b)any relevant period beginning on or after 1 July 2020.
(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 resulting from work under a licence over 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.
Examples
1 The holder of a mining licence gives the Department Head a production and royalty return under regulation 8. The Minister is of the view that the costs reported in relation to the sale of a mineral are unreasonably high. The Minister makes a determination under this regulation.
2 The holder of a mining licence gives the Department Head a production and royalty return under regulation 8. The Minister is of the view that the reported sale price of a mineral resulted from a transaction between related bodies corporate that was not a genuine commercial transaction. The Minister makes a determination under this regulation.
(2)Before making a determination under subregulation (1), the Minister—
(a)must give the licensee a written notice that—
(i)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)states the reasons for that opinion; and
(iii)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 written submission that is made by the licensee within the time specified in the notice.
(3)For the purposes of subregulation (2)(a)(iii), the Minister must not specify a period of less than 7 days.
(4)If the Minister makes a determination under subregulation (1), 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 on which the licensee is given written notice of the determination.
8Production and royalty return
(1)This regulation applies to production and royalty returns for relevant periods commencing on or after 1 July 2019.
(2)Within 30 days after the end of each relevant period, the holder of a mining licence or prospecting licence must give the Department Head a production and royalty return for the relevant period that—
(a)contains the information specified in subregulation (3); and
(b)is in the form approved by the Department Head.
Penalty:20 penalty units.
(3)For the purposes of subregulation (2), the information is—
(a)the quantity of lignite produced under the licence during the relevant period and the value of the net wet specific energy content of that lignite used for the purpose of the calculation of the royalty; and
(b)if the licence area includes Crown land, the quantity of tailings resulting from work under the licence on Crown land that were disposed of during the relevant period; and
(c)the following details for each other mineral produced under the licence (if any)—
(i)the type and quantity of the mineral produced under the licence during the relevant period;
(ii)the net market value of the mineral;
(iii)the costs taken into account in calculating the net market value;
(iv)any other information used in the calculation of the net market value.
* * * * *
9Time of payment
(1)This regulation applies to payment of royalties for a period commencing on or after 1 July 2019.
(2)For the purposes of section 12(1)(b) and (2) of the Act, the time by which royalties are to be paid is—
(a)within 30 days after the date on which the Department Head receives the production and royalty return under regulation 8 for the period for which royalties are to be paid; or
(b)a later date determined by the Minister under subregulation (3).
(3)The Minister, by notice in writing to the licence holder, may determine a date by which royalties are to be paid, which must be later than the date by which royalties otherwise are to be paid in accordance with subregulation (2)(a).
10Records relating to royalties
(1)For the purposes of assessing or verifying the amount of royalties payable, a licensee must retain the books and records of production, disposals, transfers, sales and costs under the licence for at least 5 years.
Penalty:10 penalty units.
(2)For the purposes of assessing or verifying the amount of royalties payable by a licensee, the Department Head, or an officer of the Department authorised by the Department Head, may inspect the whole or any part of the books and records retained under subregulation (1).
11Timing and manner of measurement for calculation of a gigajoule unit of lignite produced
(1)For the purposes of the definition of gigajoule unit of lignite in 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 International Organization for Standardization standard ISO 1928:2009(E); 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)For the purposes of section 12A(2) 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);
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 3 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;
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
Division 1—Licence applications
12Meaning of competent person
(1)For the purposes of section 15(1BG) of the Act, a person is a competent person to prepare a mineralisation report under section 15(1BE) of the Act if—
(a)the person has—
(i)membership of an organisation approved by the Department Head that is of a class approved by the Department Head; and
(ii)a minimum of 5 years' experience which is relevant to the style of mineralisation or type of deposit and to the activity that is the subject of the report; or
(b)in the case of a report relating to a mineral deposit that is easily and readily assessed visually at the ground surface, the Minister has determined, on a case-by-case basis, that the person has the relevant experience in mining or mineral exploration to prepare the report.
(2)For the purposes of subregulation (1), the Department Head may, by notice published in the Government Gazette, approve organisations and classes of membership.
13Information requirements—all licence applications
An application for a licence under section 15(1), 26AD(1) or 26AJ(1) of the Act must contain—
(a)the name, address, contact phone number and email address of the applicant; and
(b)if the applicant is a corporation—
(i)a list of the directors and company secretary of the company; and
(ii)a copy of the certificate of registration of the company or certificate of registration on change of name; and
(c)if the application includes Crown land, how the applicant proposes to comply with the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010; and
(d)the requested term of the licence (in years); and
(e)whether the applicant or an associate of the applicant is an insolvent under administration; and
(f)if any circumstance set out in section 16(1) of the Act applies to the applicant or an associate of the applicant, details of the surrounding circumstances; and
(g)any other information that may be relevant for determining whether the applicant is a fit and proper person to hold the licence, having regard to any guidance issued by the Department Head.
Note
In addition to information prescribed in this regulation, an application for a licence under section 15(1) of the Act must, under section 15(1BA) of the Act, specify the mineral or minerals to which the licence will relate.
14Additional information requirements—exploration licence applications
An application for an exploration licence under section 15(1), 26AD(1) or 26AJ(1) of the Act must contain the following additional information—
(a)the area, in graticular sections, of land that is the subject of the licence application;
(b)a map of 1:100 000 scale that indicates the land applied for and shows graticular sections;
(c)details of the proposed program of work for each year of the licence including—
(i)the nature of the work to be undertaken; and
(ii)the location and focus of the proposed exploration activities, as far as is practicable; and
(iii)the nature of the targets that the program seeks to delineate; and
(iv)the geological rationale behind the proposed program; and
(v)the proposed timing schedule for the exploration program;
(d)the estimated annual expenditure, for each year of the licence, to undertake the proposed program of work and rehabilitation;
(e)evidence of the applicant's financial capability to fund the estimated expenditure;
(f)the name, address, contact phone number, email address and qualifications of each technical advisor who will assist in the proposed program of work;
(g)for each technical advisor (if any) who is not an employee of the applicant, evidence that the technical advisor has consented to assist in the proposed program of work;
(h)details of the applicant's experience in exploration and mining activities and associated rehabilitation;
(i)a preferred annual reporting date for the purposes of regulation 53, being one of 30 June, 30 September, 31 December or 31 March.
15Additional information requirements—mining licence applications
(1)An application for a mining licence under section 15(1) of the Act must contain the following additional information—
(a)the area, in hectares, of the land that is the subject of the licence application;
(b)a map of the land applied for that—
(i)is of 1:25 000 scale or of a scale that provides more detail; and
(ii)shows the boundaries of private and Crown land; and
(iii)shows the extent of land used as agricultural land;
(c)the names and addresses of all owners and occupiers of any private land covered by the application;
(d)details of the proposed program of work for each year of the licence including—
(i)a map of the location of the proposed mining works in relation to the boundaries of the land included in the application; and
(ii)a brief description of the proposed types of works; and
(iii)if studies and geological work on the mineral resource and its viability for mining are proposed, details of the proposed studies and geological work; and
(iv)the proposed schedule for the commencement of mining, including any activities that must be undertaken before mining can commence, such as the obtaining of any necessary permit, approval or authorisation, construction or commissioning for mining;
(e)the estimated annual expenditure, for the first 5 years of the licence, to undertake the proposed program of work and rehabilitation;
(f)evidence of the applicant's financial capability to fund the estimated expenditure;
(g)the name, address, contact phone number, email address and qualifications of each technical advisor who will assist in the proposed program of work;
(h)for each technical advisor (if any) who is not an employee of the applicant, evidence that the technical advisor has consented to assist in the proposed program of work;
(i)details of the applicant's experience in exploration and mining activities and associated rehabilitation;
(j)if the application is required to include a mineralisation report under section 15(1BE) of the Act—
(i)the name, address, contact phone number and email address of the person who prepared the report; and
(ii)how the person meets requirements to be a competent person under regulation 12;
(k)if the application includes land covered by an exploration licence, prospecting licence or retention licence and the applicant is not the holder of that licence, the written consent of the holder of the exploration licence, prospecting licence or retention licence to the granting of the mining licence.
Notes
1 The application must also include a survey of the boundaries of the land proposed to be covered by the licence—see section 15(1BH) of the Act.
2 Further information requirements for mining licence applications are in section 15(1BB) and (1BE) of the Act.
(2)An application for a mining licence under section 26AD(1) of the Act must contain the additional information set out in subregulation (1)(a) to (j).
(3)An application for a mining licence under section 26AJ(1) of the Act must contain the additional information set out in subregulation (1)(a) to (i).
16Additional information requirements—prospecting licence applications
An application for a prospecting licence under section 15(1) of the Act must contain the following additional information—
(a)the area, in hectares, of the land that is the subject of the licence application;
(b)a map of 1:25 000 scale that indicates the land applied for and shows—
(i)the boundaries of private and Crown land; and
(ii)the extent of land used as agricultural land;
(c)the names and addresses of all owners and occupiers of any private land covered by the application;
(d)details of the proposed program of work for each year of the licence including—
(i)a map of the location of the proposed works in relation to the boundaries of the land included in the application; and
(ii)a brief description of the proposed type of works;
(e)the estimated expenditure to undertake the proposed program of work and rehabilitation, including—
(i)the estimated annual expenditure for the first 2 years of the licence; and
(ii)the estimated total expenditure for the term of the licence;
(f)evidence of the applicant's financial capability to fund the estimated expenditure;
(g)details of the applicant's experience in exploration and mining activities and associated rehabilitation;
(h)if the applicant is requested to include a survey of the boundaries of land proposed to be covered by the licence under regulation 24(2), the survey undertaken in the manner required by regulation 24(3);
(i)if the application includes land covered by an exploration licence, other than an exploration licence that was first registered more than 2 years before the application is to be lodged, and the applicant is not the holder of that licence, the written consent of the holder of the exploration licence to the granting of the prospecting licence;
(j)if the application includes land that is the subject of an application for an exploration licence and the applicant is not the applicant for the exploration licence, the written consent of the applicant for the exploration licence to the granting of the prospecting licence;
(k)if the application includes land covered by a retention licence and the applicant is not the holder of that licence, the written consent of the holder of the retention licence to the granting of the prospecting licence;
(l)if the application includes land that is the subject of an application for a retention licence and the applicant is not the applicant for the retention licence, the written consent of the applicant for the retention licence to the granting of the prospecting licence.
17Additional information requirements—retention licence applications
(1)An application for a retention licence under section 15(1) of the Act must contain the following additional information—
(a)the area, in hectares, of the land that is the subject of the licence application;
(b)information to demonstrate that the area of land applied for may be required for the purpose of mining a mineral resource in the future;
(c)a map of 1:25 000 scale that indicates the land applied for and shows the boundaries of private and Crown land;
(d)the names and addresses of all owners and occupiers of any private land covered by the application;
(e)unless the Minister considers it unnecessary or inappropriate under section 15(6A) of the Act, details of the proposed program of work for each year of the licence, including—
(i)the nature of the work to be undertaken on intensive exploration; and
(ii)technical and economic studies related to the development of the mineral resource in accordance with the principles of sustainable development; and
(iii)technical and economic studies related to demonstrating the economic viability of the mineral resource; and
(iv)a proposed timing schedule for the program of work including key milestones and proposed expenditure against each milestone; and
(v)evidence demonstrating that the scale of proposed mining is commensurate with the efficient development of the mineral resource with consideration to its size;
(f)if a program of work is proposed—
(i)the estimated annual expenditure, for the first 2 years of the licence, to undertake the proposed program of work and rehabilitation; and
(ii)the estimated total expenditure, for the term of the licence, to undertake the proposed program of work and rehabilitation; and
(iii)evidence demonstrating that the estimated expenditure is appropriate for the proposed program of work; and
(iv)evidence of the applicant's financial capability to fund the estimated expenditure; and
(v)the name, address, contact phone number, email address and qualifications of each technical advisor that will assist in the proposed program of work; and
(vi)for each technical advisor (if any) that is not an employee of the applicant, evidence that the technical advisor has consented to assist in the proposed program of work;
(g)details of the applicant's experience, or availability of experience to the applicant, in—
(i)exploration and mining activities and associated rehabilitation; and
(ii)project evaluation and development activities;
(h)a preferred annual reporting date for the purposes of regulation 53, being one of 30 June, 30 September, 31 December or 31 March;
(i)if the application is required to include a mineralisation report under section 15(1BE) of the Act—
(i)the name, address, contact phone number and email address of the person who prepared the report; and
(ii)how the person meets requirements to be a competent person under regulation 12;
(j)if the application includes land covered by an exploration licence and the applicant is not the holder of that licence, the written consent of the holder of the exploration licence to the granting of the retention licence;
(k)if the application includes land that is the subject of an application for an exploration licence and the applicant is not the applicant for the exploration licence, the written consent of the applicant for the exploration licence to the granting of the retention licence;
(l)if the application includes land covered by a prospecting licence and the applicant is not the holder of that licence, the written consent of the holder of the prospecting licence to the granting of the retention licence;
(m)if the application includes land that is the subject of an application for a prospecting licence and the applicant is not the applicant for the prospecting licence, the written consent of the applicant for the prospecting licence to the granting of the retention licence.
Notes
1 The application must also include a survey of the boundaries of the land proposed to be covered by the licence—see section 15(1BH) of the Act.
2 Further information requirements for retention licence applications are in section 15(1BB) and (1BE) of the Act.
(2)An application for a retention licence under section 26AD(1) of the Act must contain the additional information set out in subregulation (1)(a) to (i).
(3)An application for a retention licence under section 26AJ(1) of the Act must contain the additional information set out in subregulation (1)(a) to (h).
18Form of licence applications
An application for a licence must be submitted in the form and in accordance with the procedure approved by the Department Head.
19Fees for licence applications
(1)An application for an exploration licence must be accompanied by a fee of 145·8 fee units.
(2)An application for a mining licence must be accompanied by a fee of 262·3 fee units.
(3)An application for a prospecting licence must be accompanied by a fee of 50 fee units.
(4)An application for a retention licence must be accompanied by a fee of 145·8 fee units.
20Additional fee for mineralisation report
If an application for a mining licence or retention licence requires a mineralisation report, the application must be accompanied by an additional fee of 66 fee units.
21Additional fee for native title assessment
(1)An application for an exploration licence, a mining licence, a prospecting licence or a retention licence that includes Crown land must be accompanied by an additional fee of 73·5 fee units for an assessment 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)before the assessment of whether or not the provisions of the Native Title Act 1993 of the Commonwealth apply is undertaken, the applicant chooses to excise all Crown land from the area that is the subject of the licence application.
22Advertising a licence application
(1)For the purposes of sections 15(5), 26AD(4)(a) and 26AK(3)(a) of the Act, an application for a licence must be advertised—
(a)by publishing—
(i) a notice containing the information set out in Part 1 of Schedule 1, in a newspaper circulating in each locality where all or part of the area that is the subject of the licence application is located; and
(ii) if the application is for an exploration licence, mining licence or retention licence—
(A) a notice containing the information set out in Part 1 of Schedule 1, other than the map described in item 6 of that Part, in a Wednesday edition of a newspaper circulating generally in Victoria; and
(B) the information set out in Part 2 of Schedule 1, on an Internet site maintained by the applicant for at least 21 days after the latest date on which the application was advertised; or
(b)by a method approved by the Department Head under subregulation (2).
(2)The Department Head may approve a method for advertising a licence application by setting out the method in guidelines published in the Government Gazette.
(3)An applicant must lodge with the Department Head within 7 days after the licence application is advertised, a copy of—
(a)each notice of the application published in a newspaper under subregulation (1)(a), extracted from the newspaper and showing the date of publication; or
(b)the material that was advertised under subregulation (1)(b).
23Notice of mining licence or prospecting licence application to be given to owner and occupier of land affected
(1)For the purposes of section 15(5) of the Act, notice of a mining licence application or prospecting licence application must be given to the owner and occupier of the land affected by serving on the owner and occupier a copy of—
(a)a notice of the application published in a newspaper under regulation 22(1)(a)(i), extracted from the newspaper and showing the date of publication; or
(b)the material advertising the application that was advertised under regulation 22(1)(b).
(2)For the purposes of sections 26AD(4)(b) and 26AK(3)(b) of the Act, notice of an application for a mining licence for the exploration or mining of coal on exempted land must be given to the owner and occupier of the land affected by serving on the owner and occupier a copy of—
(a)a notice of the application published in a newspaper under regulation 22(1)(a)(i), extracted from the newspaper and showing the date of publication; or
(b)the material advertising the application that was advertised under regulation 22(1)(b).
24Surveys
(1)An application for a prospecting licence is not required to include a survey of the boundaries of the land proposed to be covered by the licence, unless the Department Head has requested the applicant to include the survey under subregulation (2).
(2)The Department Head may request a person who intends to apply for a prospecting licence to include in the application a survey of the boundaries of the land proposed to be covered by the licence, 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.
Notes
1 If a survey is requested under this regulation, it must be included in the prospecting licence application—see regulation 16(h).
2 All mining licence applications and retention licence applications must include a survey of the land proposed to be covered by the licence—see section 15(1BH) of the Act.
(3)For the purposes of section 26AR(1) of the Act, a person who is required to survey the boundaries of land which is proposed to be covered by a licence must comply with the surveying requirements and standards stipulated in the Surveying (Cadastral Surveys) Regulations 2015[1].
Division 2—Tenders
25Information requirements for tenders
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, the information set out in regulations 13 and 14; and
(b)in the case of a tender for a mining licence, the information set out in regulations 13 and 15; and
(c)in the case of a tender for a retention licence, the information set out in regulations 13 and 17.
26Advertising and notice of accepted tenders
(1)For the purposes of section 27B(1)(a) of the Act, the acceptance of a tender must be advertised—
(a)by publishing—
(i)a notice containing the information set out in Part 1 of Schedule 2 in a newspaper circulating in each locality where all or part of the area that is the subject of the tender is located; and
(ii)a notice containing the information set out in Part 1 of Schedule 2, other than the map described in item 6 of that Part, in a daily newspaper circulating generally in Victoria; and
(iii)the information set out in Part 2 of Schedule 2 on an Internet site maintained by the successful tenderer for at least 21 days after the latest date on which acceptance of the tender was advertised; or
(b)by a method approved by the Department Head under subregulation (3).
(2)For the purposes of section 27B(1)(b) of the Act, the successful tenderer for a mining licence must give notice by serving on the owner or occupier of the land to be affected by the licence, a copy of—
(a)a notice of acceptance of the tender published in a newspaper under subregulation (1)(a)(i), extracted from the newspaper and showing the date of publication; or
(b)the material advertising acceptance of the tender that was advertised under subregulation (1)(b).
(3)The Department Head may approve a method for advertising acceptance of a tender for a licence by setting out the method in guidelines published in the Government Gazette.
(4)A successful tenderer must lodge with the Department Head as soon as practicable after the acceptance of the tender is advertised, a copy of—
(a)each notice of acceptance of the tender published in a newspaper under subregulation (1)(a), extracted from the newspaper and showing the date of publication; or
(b)the material that was advertised under subregulation (1)(b).
27Fee for grant of a licence (accepted tender)
(1)The fee for grant of a licence following the acceptance of a tender is—
(a)for the grant of an exploration licence, a fee of 145·8 fee units; or
(b)for the grant of a mining licence, a fee of 262·3 fee units; or
(c)for the grant of a retention licence, a fee of 145·8 fee units.
(2)The fee set out in subregulation (1) must be paid to the Department by the successful tenderer before the licence is granted.
Division 3—Grant of licence
28Form of licence
(1)An exploration licence must be in the form set out in Schedule 3.
(2)A mining licence must be in the form set out in Schedule 4.
(3)A prospecting licence must be in the form set out in Schedule 5.
(4)A retention licence must be in the form set out in Schedule 6.
29Rent on a licence
(1)For the purposes of section 26(4) of the Act, the prescribed time is—
(a)subject to paragraph (ab), within 28 days after 30 June of each year; or
(ab)in relation to 30 June 2020, by 28 January 2021; or
(b)if the Minister has extended the period under subregulation (4) for a year, within the extended period.
(2)For the purposes of section 26(4) of the Act, the prescribed rate of rent for a licence held at 30 June in a year is—
(a)for an exploration licence—6·9 fee units per 10 graticules or part thereof of the land covered by the licence as at 30 June of that year;
(b)for a mining licence—14·3 fee units per 10 hectares or part thereof of the land covered by the licence as at 30 June of that year;
(c)for a prospecting licence—7·1 fee units;
(d)for a retention licence—2·4 fee units per 10 hectares or part thereof of the land covered by the licence as at 30 June of that year.
(3)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.
(4)The Minister may extend the period for payment of rent if there are special circumstances preventing the payment of rent by the time prescribed under subregulation (1)(a).
Division 4—Licence renewal
30Information requirements for renewal of exploration licences
An application for renewal of an exploration licence under section 29(1) of the Act must contain—
(a)the number of the licence to which the application relates; and
(b)the requested term of renewal of the licence (in years); and
(c)details of the proposed program of work under the licence, including matters set out in regulation 14(c); and
(d)the estimated expenditure, for the requested term of renewal, to undertake the proposed program of work and rehabilitation; and
(e)reasons for renewal of the licence, including—
(i)any evidence demonstrating that additional time is necessary to assess the economic viability of those minerals; and
(ii)any evidence demonstrating that mining of the mineral resources covered by the licence is not yet economically viable but may become so in the future; and
(iii)if the application is for the second renewal of the licence, all matters that the applicant considers are exceptional circumstances to warrant a second renewal.
31Information requirements for renewal of mining licences
An application for renewal of a mining licence under section 29(1) of the Act must contain—
(a)the number of the licence to which the application relates; and
(b)the requested term of renewal of the licence (in years); and
(c)reasons for renewal of the licence; and
(d)details of the proposed program of work under the licence, including whether a variation to the work plan will be sought; and
(e)the estimated expenditure, for the next 5 years of the licence, to undertake the proposed program of work and rehabilitation.
32Information requirements for renewal of retention licences
An application for renewal of a retention licence under section 29(1) of the Act must contain—
(a)the number of the licence to which the application relates; and
(b)the requested term of renewal of the licence (in years); and
(c)the area of land applied for in hectares; and
(d)details of any proposed program of work under the licence, including matters set out in regulation 17(1)(e); and
(e)if a program of work is proposed—
(i)evidence demonstrating that the proposed program of work is suitable to establish the economic viability of the mineral resource; and
(ii)the estimated expenditure, for each year of the requested term of renewal, to undertake the proposed program of work and rehabilitation; and
(iii)evidence demonstrating that the estimated expenditure is appropriate for the proposed program of work; and
(f)reasons for renewal of the licence, including—
(i)any evidence demonstrating that mining of the mineral resources covered by the licence is not yet economically viable but may become so in the future; and
(ii)any evidence demonstrating that the area of land applied for is land which may be required for the purpose of mining a mineral resource in the future; and
(iii)if the application is for the second renewal of the licence, all matters that the applicant considers are exceptional circumstances to warrant that second renewal.
33Form of application for renewal of a licence
An application for renewal of a licence under section 29(1) of the Act must be submitted in the form and in accordance with the procedure approved by the Department Head.
34Fee for application for renewal of a licence
(1)An application for renewal of an exploration licence under section 29(1) of the Act must be accompanied by a fee of 76·3 fee units.
(2)An application for renewal of a mining licence under section 29(1) of the Act must be accompanied by a fee of 76·7 fee units.
(3)An application for renewal of a retention licence under section 29(1) of the Act must be accompanied by a fee of 76·3 fee units.
35Notice 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 7 to the owner and occupier of the land affected.
Division 5—Changes to licences
36Fee for transfer of licence
An application for the transfer of a licence under section 33, 33A or 33B of the Act must be accompanied by a fee of 14·3 fee units.
37Fee for variation of licence
An application for the variation of a licence under section 34(2)(a) of the Act must be accompanied by a fee of 27·3 fee units.
38Prescribed circumstances for variation of licence
For the purposes of section 34(2)(d) of the Act, the prescribed circumstances are that it is necessary to provide another licensee with access for conveying minerals or materials across the land covered by the licence.
39Fee for amalgamation of licence
A request made by a licensee for the amalgamation of licences under section 36 of the Act must be accompanied by a fee of 23·2 fee units.
Division 6—Work plans
40Information required in work plans
For the purposes of section 40(3)(g) of the Act, a work plan must contain the following other matters—
(a)if exploration work is to be carried out under the licence, the information specified in regulation 41;
(b)if mining work is to be carried out under the licence—
(i)the information specified in regulation 42; and
(ii)the applicable information specified in regulation 43, as part of the rehabilitation plan included in the work plan under section 40(3)(e) of the Act; and
(iii)if the mining work includes the mining of coal, a fire risk management plan that meets requirements set out in Schedule 8;
(c)in all cases, the information specified in regulations 44, 45 and 46.
Note
In the case of a work plan that includes work to be carried out at a declared mine, information set out in Schedule 12 must also be included in the work plan in accordance with section 40(3)(f) of the Act and regulation 63.
41Information required in work plans—exploration work and related rehabilitation
For the purposes of regulation 40(a), the specified information is—
(a)a description of the exploration work to be carried out under the licence which includes—
(i)a map showing the general location of drilling or other exploration works; and
(ii)a description of sensitive receptors in relation to the environment, any member of the public, or land, property or infrastructure in the vicinity of the work; and
(iii)the location of the sensitive receptors; and
(b)details of the proposed rehabilitation of areas disturbed as a result of exploration work under the licence, including—
(i)proposals for revegetation; and
(ii)if plant and equipment has been introduced to the area, proposals for the removal of plant and equipment.
42Information required in work plans—mining work
For the purposes of regulation 40(b)(i), the specified information is a description of the mining work to be carried out under the licence which includes—
(a)a description of sensitive receptors in relation to the environment, any member of the public, or land, property or infrastructure in the vicinity of the work; and
(b)a location map of the work plan area and areas within 2 km of the work plan area, drawn at an appropriate scale, that shows—
(i)the location of sensitive receptors identified; and
(ii)the extent and status of Crown lands and extent of private lands; and
(iii)residential, commercial and industrial development; and
(iv)public facilities and infrastructure; and
(v)rivers and streams; and
(c)a general description of geological information pertaining to the work, including—
(i)stratigraphy; and
(ii)any adverse geological structures; and
(iii)the minerals to be extracted; and
(iv)the estimated mineral resources and ore reserves; and
(d)a general description of the mine operations including—
(i)the method and scale of extraction; and
(ii)ore processing methods and facilities; and
(iii)waste disposal methods and facilities; and
(iv)stockpiling facilities; and
(v)other mine infrastructure; and
(e)a site map, drawn at an appropriate scale, that shows—
(i)the general layout of the mine, associated facilities and infrastructure; and
(ii)cross-sections and, in the case of an underground mine, long sections of the proposed extraction area; and
(f)in the case of an underground mine, a schematic and description of the workings of underground operations.
43Information required in work plans—rehabilitation plans
(1)Subregulation (2) applies to a work plan lodged on or after 1 July 2020.
(2)For the purposes of regulation 40(b)(ii), the specified information is details of the proposed rehabilitation of land disturbed by mining work under the licence including—
(a)proposed land uses for the affected land after it has been rehabilitated, that considers community views expressed during consultation; and
(b)a land form that will be achieved to complete rehabilitation, which must—
(i)be safe, stable and sustainable; and
(ii)be capable of supporting the proposed land uses referred to in paragraph (a); and
(c)objectives that set out distinct rehabilitation domains that collectively amount to the land form described in paragraph (b);
(d)criteria for measuring whether the objectives described in paragraph (c) have been met; and
(e)a description of, and schedule for, rehabilitation milestones; and
(f)an identification and assessment of relevant risks that the rehabilitated land may pose to the environment, to any member of the public or to land, property or infrastructure in the vicinity of the rehabilitated land, including—
(i)the type, likelihood and consequence of the risks; and
(ii)the activities required to manage the risks; and
(iii)the projected costs to manage the risks; and
(iv)any other matter that may be relevant to risks arising from the rehabilitated land.
(3)Subregulation (4) applies to a work plan lodged on or after 1 July 2019 but before 1 July 2020.
(4)For the purposes of regulation 40(b)(ii), the specified information is—
(a)concepts for the end utilisation of the mine site; and
(b)proposals for the progressive rehabilitation, stabilisation and revegetation of extraction areas, waste disposal areas, stockpile areas, dams and other land affected by the mining work; and
(c)proposals for landscaping to minimise the visual impact of the mine site; and
(d)proposals for the final rehabilitation and closure of the mine site, including the security of the site and the removal of plant and equipment, taking into account any potential long-term degradation of the environment.
(4A)Subregulations (2) and (4) do not apply to a declared mine rehabilitation plan.
(5)In this regulation—
relevant risks means risks that may require monitoring, maintenance, treatment or other ongoing land management activities after rehabilitation is complete.
44Information required in work plans—identification of hazards and risks
For the purposes of regulation 40(c), the specified information is the following information relating to the identification of risks required by section 40(3)(b) of the Act—
(a)if exploration work is to be carried out under the licence, details of exploration hazards that may arise from the exploration work;
(b)if mining work is to be carried out under the licence, details of mining hazards that may arise from the mining work, including mining hazards arising from—
(i)set up or construction; and
(ii)operations or production;
(c)details of the rehabilitation hazards that may arise from rehabilitation under the licence;
(d)an explanation of how the identified hazards may harm or damage the sensitive receptors described in the work plan, including evidence to support the assessment of the potential for harm or damage to be caused;
(e)an assessment of the risks that the identified hazards may pose to identified sensitive receptors, having regard to—
(i)the nature of the hazard; and
(ii)the likelihood of the hazard causing, or contributing to, any harm or damage; and
(iii)the severity or consequence of the harm or damage that may be caused.
45Information required in work plans—risk management plan
For the purposes of regulation 40(c), the specified information is a risk management plan that sets out the following information relating to the requirement in section 40(3)(c) of the Act to specify what the licensee will do to eliminate or minimise the identified risks as far as reasonably practicable—
(a)measures to be applied to eliminate or minimise the risks as far as reasonably practicable;
(b)the performance standards to be achieved by either individual measures or some combination of measures;
(c)management systems, practices and procedures that are to be applied to monitor and manage risks and compliance with performance standards;
(d)an outline of the roles and responsibilities of personnel accountable for the implementation, management and review of the risk management plan.
46Information required in work plans—community consultation
For the purposes of regulation 40(c), the specified information is how the licensee will comply with their duty to consult with the community under section 39A of the Act throughout the period of the licence, in the form of a plan that—
(a)identifies the community likely to be affected by the work under the licence; and
(b)sets out how the licensee will share information with the community; and
(c)sets out how the licensee will receive feedback from the community; and
(d)sets out how the licensee will manage complaints and other communications from members of the community; and
(e)in the case of a work plan for a mining licence that covers an area of more than 5 hectares, sets out how the licensee will—
(i)identify community attitudes and expectations; and
(ii)analyse community feedback, taking into account community concerns or expectations; and
(iii)register, document and respond to complaints and other communications from members of the community in relation to the mine operations.
47Fees for work plans
A work plan for a mining licence or prospecting licence that includes mining work must be accompanied by the relevant fee specified in Schedule 9.
48Information required in application for variation of work plan
(1)For the purposes of section 41(2) of the Act, the prescribed information is the following—
(a)if changes to the work or rehabilitation set out in the work plan are proposed, a description of any new or changed exploration hazard, mining hazard or rehabilitation hazard arising from the proposed changes that significantly increases the risks posed to—
(i)the environment; or
(ii)any member of the public; or
(iii)land, property or infrastructure in the vicinity of the work or rehabilitation relating to the new or changed hazard;
(b)if any new or changed hazard is described under paragraph (a), the information specified in regulations 44 and 45 that relate to the new or changed hazard, including the resulting proposed changes to the work plan;
(c)if the proposed variation includes new or changed rehabilitation of areas disturbed by exploration work, the information specified in regulation 41(b) that relates to the new or changed rehabilitation, including the resulting proposed changes to the work plan;
(d)if the application for the proposed variation is lodged on or after 1 July 2020 and includes new or changed rehabilitation of land disturbed by mining, the information specified in regulation 43(2) that relates to the new or changed rehabilitation, including the resulting proposed changes to the rehabilitation plan in the work plan;
(e)if the application for the proposed variation is lodged on or after 1 July 2019 but before 1 July 2020 and includes new or changed rehabilitation of land disturbed by mining, the information specified in regulation 43(4) that relates to the new or changed rehabilitation, including the resulting proposed changes to the rehabilitation plan in the work plan;
(f)if the application for the proposed variation is lodged on or after 1 July 2020 and the variation is in respect of a work plan that includes a pre-July 2020 rehabilitation plan, the information specified in regulation 43(2) (other than information already included in the application under paragraph (d)), including the resulting proposed changes to the rehabilitation plan in the work plan;
(g)if the proposed variation includes or gives rise to any changes relating to community consultation, the proposed changes to the work plan in relation to the information specified in regulation 46;
(h)if the proposed variation includes any new or changed work to be carried out at a declared mine, the information that relates to, and is applicable to, the proposed changes to the work plan in relation to the requirements and processes set out in Schedule 12;
(i)if the proposed variation includes any new or changed mining work that is the mining of coal, the information that relates to, and is applicable to, the proposed changes to the work plan in relation to the information specified in regulation 40(b)(iii);
(j)a description of how the proposed variation to the work plan relates to the current approved work plan.
(2)In this regulation—
pre-July 2020 rehabilitation plan means a rehabilitation plan included in a work plan lodged before 1 July 2020 that does not include the information prescribed in regulation 43(2).
49Fees for work plan variations
An application for approval of a variation to a work plan under section 41(2) of the Act that relates to a mining licence or prospecting licence that includes mining work must be accompanied by the relevant fee specified in Schedule 9.
50Fee for submitting an impact statement
An impact statement submitted to the Minister under section 41A(1) of the Act must be accompanied by a fee of 159·8 fee units.
Division 7—Reporting
51Reportable events
(1)For the purpose of section 41AC(1) of the Act—
(a)a report of a reportable event must be made either orally or in writing and must include—
(i)the date, time and place of the event; and
(ii)a description of the event; and
(iii)the steps taken to minimise the impact of the event; and
(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 request and must include all of the following—
(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;
(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 events arising out of exploration or mining under a licence are prescribed as reportable events—
(a)an explosion or outbreak of fire;
(b)slope failure, unexpected slope movement, progressive slope collapse or failure of slope stability control measures;
(c)an injury to a member of the public caused by the carrying out of mining or associated operations;
(d)an uncontrolled outburst of gas;
(e)an unexpected or abnormal inrush of groundwater, other water or other fluid;
(f)blasting that results in an ejection of fly rock outside the work plan area of the approved work plan for the licence;
(g)an escape, spillage or leakage of a harmful or potentially harmful—
(i)substance; or
(ii)slurry; or
(iii)tailings;
(h)a breach of a licence condition, or non‑compliance with the approved work plan for the licence or the work plan conditions, that results or is likely to result in a risk to—
(i)the environment; or
(ii)any member of the public; or
(iii)property, land, or infrastructure in the vicinity of the work under the licence;
(i)an abnormal event;
(j)an event that results, or may result, in significant impacts on public safety, the environment or infrastructure.
(3)A licensee who reports a reportable event must comply with the requirements of subregulation (1)(a).
Penalty:20 penalty units.
(4)A licensee must comply with a request of the Chief Inspector under subregulation (1)(b).
Penalty:20 penalty units.
52Recording of activities undertaken under a licence
For the purpose of verifying information furnished to the Minister under section 116(1) of the Act, the holder of a licence must keep a record of the exploration and mining activities undertaken under the licence.
Penalty:20 penalty units.
53Annual reporting requirements
(1)This regulation applies to reporting dates in the year commencing 1 July 2019 and subsequent years.
(2)For the purposes of section 116(1) of the Act, the prescribed form is the form approved by the Department Head.
(3)For the purposes of section 116(1) of the Act, the prescribed times are—
(a)if the licence is in force—
(i)within 28 days after the reporting date for each year; or
(ii)if the Minister has extended the period under subregulation (5) for a year, within the extended period; or
(b)if the licence is not in force, within 28 days after the licence ceases to be in force.
(4)For the purposes of section 116(1) of the Act, the prescribed information is—
(a)an annual return of expenditure and activities for the licence containing the information specified in regulation 54; and
(b)if the licence is a relevant licence, an annual technical report that—
(i)complies with requirements specified in regulation 57; and
(ii)contains information specified in regulation 57; and
(c)if the licence relates to a declared mine, an annual report that—
(i)complies with requirements specified in regulation 57A; and
(ii)contains information specified in regulation 57A.
(5)The Minister may extend the period by which information must be furnished for a year if the licensee or former licensee requests the extension within 28 days of the reporting date.
(6)In this regulation—
relevant licence means—
(a)an exploration licence; or
(b)a mining licence, other than a mining licence granted before 1 February 2012 that covers an area of 5 hectares or less; or
(c)a retention licence;
reporting date means—
(a)for mining licences and prospecting licences—30 June; or
(b)for exploration licences and retention licences—the date specified in the licence as the reporting date.
54Information requirements for the annual return of expenditure and activities
For the purposes of regulation 53(4)(a), the specified information is—
(a)the number of the licence to which the return relates; and
(b)the reporting period to which the return applies; and
(c)the name and role of the person completing the return; and
(d)the information set out—
(i)in the case of a return relating to an exploration licence—in regulation 55(1); or
(ii)in the case of a return relating to a retention licence—in regulation 55(1) and (2); or
(iii)in the case of a return relating to a mining licence that covers an area of more than 5 hectares—in regulation 56(1), (3) and (4); or
(iv)in the case of a return relating to a prospecting licence or mining licence covering an area of 5 hectares or less—in regulation 56(2), (3) and (4).
55Additional information requirements for the annual return of expenditure and activities—exploration licences and retention licences
(1)For the purposes of regulation 54(d)(i) and (ii), the information is—
(a)expenditure during the reporting period on—
(i)wages and salaries; and
(ii)office-based activities; and
(iii)equipment, plant or machinery; and
(iv)administration and consumables; and
(v)rehabilitation; and
(b)expenditure during the reporting period on, and details of the nature and extent of, airborne or remote reconnaissance activities including—
(i)airborne exploration and surveys; and
(ii)remote sensing; and
(c)expenditure during the reporting period on, and details of the nature and extent of, ground exploration activities including—
(i)geological mapping; and
(ii)ground geophysics; and
(iii)geochemical surveying and sample collection; and
(iv)preparation, geochemistry, mineralogy and petrology of surface samples; and
(d)expenditure during the reporting period on, and details of the nature and extent of, subsurface exploration activities including—
(i)drilling; and
(ii)well logging and other downhole geophysics; and
(iii)preparation, geochemistry, mineralogy and petrology of drill samples; and
(iv)costeaning or ditchwitching and related subsurface mapping and sampling; and
(v)bulk sampling and related subsurface mapping and sampling; and
(vi)shaft restoration or other underground development and related subsurface mapping and sampling; and
(vii)preparation, geochemistry, mineralogy and petrology of subsurface samples; and
(viii)subsurface geophysical surveys; and
(ix)bulk sample processing, testing and analysis; and
(x)mineral processing testing.
(2)For the purposes of regulation 54(d)(ii), the information is—
(a)expenditure on, and details of, any technical and economic studies undertaken under the licence during the reporting period related to—
(i)the development of the mineral resource in accordance with the principles of sustainable development; and
(ii)demonstrating the economic viability of the mineral resource; and
(b)progress against key milestones achieved during the reporting period under the program of work to be carried out under the licence.
56Additional information requirements for the annual return of expenditure and activities—mining licences and prospecting licences
(1)For the purposes of regulation 54(d)(iii), the information is—
(a)expenditure during the reporting period on—
(i)wages and salaries; and
(ii)equipment, plant or machinery; and
(iii)administration and consumables; and
(iv)exploration work; and
(v)mining work; and
(vi)rehabilitation; and
(b)a detailed plan of any underground mine as at the end of the reporting period; and
(c)a description and quantities of ore and waste mined and treated during the reporting period; and
(d)a description of any development or extensions during the reporting period to surface mine facilities and works; and
(e)a description of any shaft or underground development during the reporting period including depth or distance developed; and
(f)the most recent mineral resource and ore reserve estimate for the licence; and
(g)the total area of land disturbed up to the end of the reporting period, and the proportion of that area in relation to each of the following—
(i)pits;
(ii)overburden and waste rock dumps;
(iii)tailings storage facilities;
(iv)infrastructure; and
(h)the area of land disturbed during the reporting period.
(2)For the purposes of regulation 54(d)(iv), the information is—
(a)expenditure during the reporting period on—
(i)wages and salaries; and
(ii)office-based activities; and
(iii)exploration work; and
(iv)mining work; and
(v)rehabilitation; and
(b)a plan of any surface mine facilities and works as at the end of the reporting period; and
(c)a plan of any underground mine as at the end of the reporting period; and
(d)a description of ore and waste mined and treated during the reporting period; and
(e)a description of any shaft or underground development during the reporting period, including depth or distance developed; and
(f)the total area of land disturbed up to the end of the reporting period; and
(g)the area disturbed during the reporting period.
(3)For the purposes of regulation 54(d)(iii) and (iv), the information is details of the environmental management activities undertaken during the reporting period including—
(a)the volume and composition of tailings produced; and
(b)the volume and composition of other waste streams produced; and
(c)a statement outlining whether the licensee has complied with environmental monitoring requirements under the work plan and conditions, including details of any non‑compliance that have not otherwise been reported in accordance with regulation 51 (reportable events).
(4)For the purposes of regulation 54(d)(iii) and (iv), the information is information relating to rehabilitation including—
(a)if the approved work plan for the licence includes the information specified in regulation 43(2)—
(i)details of rehabilitation undertaken over the reporting period, including any area of progressively rehabilitated land that contributes to achieving the land form set out in the licensee's work plan under regulation 43(2)(b); and
(ii)progress that has been made towards the achievement of rehabilitation milestones; and
(iii)an estimate of the rehabilitation liability for the licence area at the end of the reporting period; and
(iv)the net change in estimated rehabilitation liability from the previous reporting period; or
(b)if the approved work plan for the licence does not include the information specified in regulation 43(2)—
(i)the area of land rehabilitated over the reporting period; and
(ii)the percentage of that area that is revegetated with local native vegetation; and
(iii)an estimate of the rehabilitation liability for the licence area at the end of the reporting period; and
(iv)in the case of a return relating to a mining licence that covers an area of more than 5 hectares, the proportion of the area referred to in subparagraph (i) in relation to each of the following—
(A)pits;
(B)overburden and waste rock dumps;
(C)tailings storage facilities;
(D)infrastructure.
57Requirements for annual technical report on exploration activity
(1)For the purposes of regulation 53(4)(b)—
(a)the specified requirements are that an annual technical report must comply with any relevant—
(i)guidelines issued by the Minister under section 120A of the Act; and
(ii)guidance issued by the Department Head; and
(b)the specified information is the following in relation to activities undertaken under the licence—
(i)a complete record of all geological, geophysical, geochemical and other technical investigations with relevant maps showing locations of surveys;
(ii)a complete record of all drillholes and excavations with logs and relevant maps showing locations;
(iii)details of any material tested and assay results;
(iv)a summary of any mineral resource or ore reserves;
(v)any interpretations formed as a result of surveys or activities undertaken;
(vi)details of how the maps and sections provided in the report are related to the Map Grid of Australia 2020 (MGA2020), within the meaning of the Survey Co-ordination Regulations 2014;
(vii)data, text and maps submitted in an electronic form.
(2)An annual technical report may encompass the activities occurring in relation to more than one licence if the licences are—
(a)held by the same licensee; and
(b)over adjoining areas; and
(c)have the same reporting date.
57ARequirements for annual reports for declared mine rehabilitation plans
For the purposes of regulation 53(4)(c)—
(a)the specified requirements are that an annual report in relation to a declared mine rehabilitation plan must comply with any relevant guidelines issued by the Minister under section 120A of the Act; and
(b)the specified information is—
(i)details of the progress on components of the declared mine rehabilitation plan that require the submission of additional information; and
(ii)an identification and assessment of any risks to the rehabilitation and post‑closure management of the declared mine; and
(iii)the reasons for any non‑compliance with rehabilitation or closure milestones; and
(iv)details of the remedial action that will be undertaken in respect of any non‑compliance with rehabilitation or closure milestones; and
(v)details of any technical and economic studies (including details of expenditure on those studies) carried out under the licence during the reporting period that relate to—
(A)the development of the mineral resource in accordance with principles of sustainable development; and
(B)demonstrating the economic viability of the mineral resource; and
(vi)a summary of the status of the regulatory processes that are required to be undertaken for the purposes of mine rehabilitation under the licence; and
(vii)a summary of any environmental audits and land contamination assessments required under the Act, the Water Act 1989, the Environment Protection Act 2017, the Environment Effects Act 1978 and the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; and
(viii)a summary of community engagement programs focused on rehabilitation, including the feedback and outcomes resulting from the engagement; and
9.If the application is for a prospecting licence, a statement that, subject to other statutory requirements being satisfied, a prospecting licence, if granted, entitles the holder of the licence to prospect or explore for minerals, carry out mining on the relevant land, and do anything else that is incidental to that mining.
10.If the application is for a retention licence, a statement that, subject to other statutory requirements being satisfied, a retention licence, if granted, entitles the holder of the licence to retain rights to a mineral resource and explore and carry out other work to establish the economic viability of mining, but does not entitle the holder to undertake mining.
11.A statement that further information regarding the statutory requirements that must be complied with prior to work being undertaken on a licence, including landowner and occupier consent requirements, is available on the Department's Internet site (the notice must include the relevant Internet site address).
Part 2
1.Details of the proposed program of work to be carried out under the licence.
2.A description of the applicant's systems for managing impacts of the proposed work on the community (including landowners and occupiers) and the environment.
3.An outline of how the applicant intends to meet a licensee's obligations under section 39A of the Act to consult with the community (including landowners and occupiers).
SCHEDULE 2—INFORMATION REQUIRED IN NOTICE OF ACCEPTANCE OF A TENDER FOR A LICENCE
Regulation 26
Part 1
1.The name and address of the tenderer/s.
2.The contact phone number and email address of the tenderer for maps and other information requests.
3.The Internet site address or other location where the information in Part 2 of this Schedule is published (not relevant for tender for a prospecting licence).
4.Details of the tender, including the following¾
(a)the locality or localities where the land to which the tender relates is located;
(b)in the case of a tender for an exploration licence, the approximate area of land to which the tender relates in graticular sections;
(c)in the case of a tender for a mining licence, prospecting licence or retention licence, the approximate area of land to which the tender relates in hectares;
(d)the date of the application for the tender;
(e)an outline of the proposed program of work to which the tender relates;
(f)the term of licence tendered for;
(g)the date authority to enter granted (if applicable).
5.A statement that any person may object to the grant of a licence in accordance with section 24 of the Act and details as to how a person can object to the grant of the licence, including current contact details for the Department and the Department's Internet site address through which objections can be made.
6.A map clearly identifying the land to which the tender relates, including relevant roads and place names.
7.If the tender is for an exploration licence, a statement that, subject to other statutory requirements being satisfied, an exploration licence, if granted, entitles the holder of the licence to explore and search for minerals in the relevant land, but does not entitle the holder to undertake mining.
8.If the tender is for a mining licence, a statement that, subject to other statutory requirements being satisfied, a mining licence, if granted, entitles the holder of the licence to carry out mining on the relevant land, explore for minerals, construct any facilities specified in the licence, and do anything else that is incidental to that mining.
9.If the tender is for a prospecting licence, a statement that, subject to other statutory requirements being satisfied, a prospecting licence, if granted, entitles the holder of the licence to prospect or explore for minerals, carry out mining on the relevant land, and do anything else that is incidental to that mining.
10.If the tender is for a retention licence, a statement that, subject to other statutory requirements being satisfied, a retention licence, if granted, entitles the holder of the licence to retain rights to a mineral resource and explore and carry out other work to establish the economic viability of mining, but does not entitle the holder to undertake mining.
11.A statement that further information regarding the statutory requirements that must be complied with prior to work being undertaken on a licence, including landowner and occupier consent requirements, is available on the Department's Internet site (the notice must include the relevant Internet site address).
Part 2
1.Details of the proposed program of work to be carried out under the licence.
2.A description of the tenderer's systems for managing impacts of the proposed work on the community (including landowners and occupiers) and the environment.
3.An outline of how the tenderer intends to meet a licensee's obligations under section 39A of the Act to consult with the community (including landowners and occupiers).
SCHEDULE 3—EXPLORATION LICENCE
Regulation 28(1)
Licence no.
Mineral Resources (Sustainable Development) Act 1990
I, [insert name], *the Minister/*acting as delegate of the Minister, grant to [insert full name of holder] of [insert address of holder] this exploration licence. The licence is granted under section 25 of the Act, over the area described in the attached document plan.
The licence is effective *to/*for [insert expiry date or term of years from date of registration].
This licence is subject to the Schedule of Conditions attached and the following conditions:
1.The licensee must expend in connection with exploration of the land a minimum of the following (remove where necessary, depending on term of years from date of registration)—
$ in the first year of the term of the licence;
$ in the second year of the term of the licence;
$ in the third year of the term of the licence;
$ in the fourth year of the term of the licence;
$ in the fifth year of the term of the licence—
unless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act. The required expenditure may be varied on the second and fourth anniversaries (as applicable) of the licence grant if the area of the licence is decreased in accordance with section 38A of the Act.
2.The reporting date is [insert reporting date] annually.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[insert conditions].
SCHEDULE 4—MINING LICENCE
Regulation 28(2)
Licence no.
Mineral Resources (Sustainable Development) Act 1990
I, [insert name], *the Minister/*acting as delegate of the Minister, grant to [insert full name of holder] of [insert address of holder] this mining licence. The licence is granted under section 25 of the Act and is effective *to/*for [insert expiry date or term of years from date of registration].
This licence is subject to the Schedule of Conditions attached and the following condition:
The licensee must, from the date of registration of the licence, expend
$ per year on work in the licensed area, unless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[insert conditions].
SCHEDULE 5—PROSPECTING LICENCE
Regulation 28(3)
Licence no.
Mineral Resources (Sustainable Development) Act 1990
I, [insert name], *the Minister/*acting as delegate of the Minister, grant to [insert full name of holder] of [insert address of holder] this prospecting licence. The licence is granted under section 25 of the Act and is effective *to/*for [insert expiry date or term of years from date of registration].
This licence is subject to the Schedule of Conditions attached and the following condition:
The licensee must, from the date of registration of the licence, expend
$ per year on work in the licensed area, unless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[insert conditions].
SCHEDULE 6—RETENTION LICENCE
Regulation 28(4)
Licence no.
Mineral Resources (Sustainable Development) Act 1990
I, [insert name], *the Minister/*acting as delegate to the Minister, grant to [insert full name of holder] of [insert address of holder] this retention licence. The licence is granted under section 25 of the Act, over the area described in the attached document plan.
The licence is effective *to/*for [insert expiry date or term of years from date of registration].
This licence is subject to the Schedule of Conditions attached and the following conditions:
1.The licensee must expend in connection with retention licence activities of the land a minimum of the following (remove where necessary, depending on term of years from date of registration)—
$ in the first year of the term of the licence;
$ in the second year of the term of the licence;
$ in the third year of the term of the licence;
$ in the fourth year of the term of the licence;
$ in the fifth year of the term of the licence;
$ in the sixth year of the term of the licence;
$ in the seventh year of the term of the licence;
$ in the eighth year of the term of the licence;
$ in the ninth year of the term of the licence;
$ in the tenth year of the term of the licence—
unless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act.
2.The reporting date is [insert reporting date] annually.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[insert conditions].
SCHEDULE 7—INFORMATION REQUIRED IN NOTICE OF APPLICATION FOR RENEWAL OF MINING LICENCE TO OWNER AND OCCUPIER OF LAND
Regulation 35
1.The name and address of the applicant/s (if the applicant is a company, the registered address of the company).
2.Details of the application for renewal, including the following—
(a)the number of the licence to which the application relates;
(b)the locality of the land to which the application relates;
(c)the area of land to which the application relates in hectares;
(d)the date of the application;
(e)the term of renewal applied for;
(f)the nature of the proposed program of work.
3.Signature of the applicant/s.
4.Date of application.
SCHEDULE 8—FIRE RISK MANAGEMENT PLAN FOR COAL MINES
Regulation 40(b)(iii)
1.The fire risk management plan must be prepared with the input of an independent expert with appropriate expertise in mine safety and fire prevention, mitigation and suppression.
2.The fire risk management plan must—
(a)specify all fire hazards; and
(b)specify key sensitive receptors; and
(c)assess the risks that the identified fire hazards pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work described in the work plan; and
(d)specify appropriate controls to eliminate or minimise, as far as reasonably practical, the risks identified under paragraph (c); and
(e)specify and quantify the objectives, standards or acceptance criteria that each control measure or a combination of control measures will achieve; and
(f)specify how the control measures will be implemented and continuously improved; and
(g)specify procedures for the regular testing of the control measures; and
(h)specify procedures for the monitoring and reporting of the status, performance and effectiveness of the control measures; and
(i)specify the procedures for regular review and updating of the plan and whenever the hazards or the risks change; and
(j)specify mine emergency procedures to be followed in the case of a fire.
3.For the purposes of subclause 2(c), an assessment of the risk of fire hazards must have regard to—
(a)the likelihood of fire entering or breaking out in the work plan area and causing or contributing to any harm or damage to the environment, to any member of the public, or to land, infrastructure or property in the vicinity of the work described in the work plan; and
(b)the severity or consequence of the harm or damage that may be caused.
SCHEDULE 9—WORK PLAN FEES FOR MINING LICENCES AND PROSPECTING LICENCES
Regulations 47 and 49
1Definitions
(1)In this Schedule—
EES work plan means a work plan or variation to a work plan for work in respect of which an Environment Effects Statement is prepared under the Environment Effects Act 1978;
SE work plan means a work plan or variation to a work plan for work in respect of which a planning permit is required;
sensitive location, in relation to a mine, means—
(a)a residence, school, kindergarten, aged care facility, hospital, childcare centre or community facility; or
(b)a place or class of places declared under subclause (2) to be a sensitive location—
but does not include any premises that are owned or occupied by the person who lodges a work plan or applies to vary a work plan in relation to the mining to be carried out in that mine.
(2)The Minister, by notice published in the Government Gazette, may declare a place or class of places to be a sensitive location for the purposes of this Schedule.
(3)In determining the perimeter of the area for the purposes of this Schedule, any buffer zone in or in relation to that area is to be excluded.
2Fee for lodgement of work plan
The fees for lodging a work plan are specified in the following Table.
Table
| Column 1 | Column 2 | Column 3 | |
| Fee | |||
| Item | Category | SE work plan | EES work plan |
| 1 | Prospecting licence or a mining licence that covers an area of 5 hectares or less | 123×4 fee units | N/A |
| 2 | For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan | 308×4 fee units | 1233×8 fee units |
| 3 | For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has one or more sensitive locations within 200 metres of the perimeter of the area covered by the work plan | 370×1 fee units | 1233×8 fee units |
| 4 | For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 308×4 fee units | 1233×8 fee units |
| 5 | For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 740×3 fee units | 2467×5 fee units |
| 6 | For a mining licence, in respect of a mine that is a declared mine | 740×3 fee units | 2467×5 fee units |
3Fee for varying a work plan
The fees for varying a work plan are specified in the following Table.
Table
| Column 1 | Column 2 | Column 3 | ||
| Fee | ||||
| Item | Category | SE work plan | EES work plan | Other work plan |
| 1 | A prospecting licence, or a mining licence that covers an area of 5 hectares or less | 114×4 fee units | N/A | 38×1 fee units |
| 2 | For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has no sensitive locations within 200 metres of the perimeter of the area covered by the application | 305×0 fee units | 1143×8 fee units | 95×3 fee units |
| 3 | For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application | 381×3 fee units | 1143×8 fee units | 114×4 fee units |
| 4 | For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has no sensitive | 305×0 fee units | 1143×8 fee units | 95×3 fee units |
| locations within 500 metres of the perimeter of the area covered by the application | ||||
| 5 | For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application | 762×5 fee units | 2287×5 fee units | 228×8 fee units |
| 6 | For a mining licence, in respect of a mine that is a declared mine | 762×5 fee units | 2287×5 fee units | 228×8 fee units |
SCHEDULE 10—MINER'S RIGHT
Regulation 58
Mineral Resources (Sustainable Development) Act 1990
$ [cost of miner's right]
Place issued:
Date:
Issued to [Insert full name]
of [Insert full residential/business address]
under the Mineral Resources (Sustainable Development) Act 1990, to be in force from [insert date on which the term of the miner's right begins] until [insert date on which the term of the miner's right ends].
I, the holder of this miner's right, agree to search for minerals only in the circumstances authorised by section 55 of the Act and to comply with section 58 of the Act.
Signature of holder:
Signature of person authorised to issue:
SCHEDULE 11—TOURIST FOSSICKING AUTHORITY
Regulation 59
Authority no.
Mineral Resources (Sustainable Development) Act 1990
I, [insert name], *the Minister/*acting as delegate of the Minister, grant to [insert full name of holder] of [insert address of holder] this tourist fossicking authority. The authority is granted under section 61 of the Act, over the area described in the attached document plan.
The authority is effective *to/*for [insert expiry date or term of years from date of registration].
This licence is subject to the Schedule of Conditions attached.
*Delete if not applicable.
SCHEDULE OF CONDITIONS
[insert conditions].
SCHEDULE 12—STABILITY REQUIREMENTS AND PROCESSES FOR DECLARED MINES
Regulation 63
1.Any geological information, in addition to that required under regulation 40, that is relevant to the stability of the declared mine, including a plan showing cross-sections and long sections of the proposed extraction area of the declared mine.
2.An assessment of the geotechnical and hydrogeological risks for the declared mine.
3.A description of the control measures proposed to be implemented to eliminate or reduce the geotechnical or hydrogeological risks to an acceptable level including—
(a)a description of any proposed groundwater control system; and
(b)particulars of other measures to ensure the stability of the mine, associated infrastructure and adjacent land.
4.A plan for monitoring the stability and groundwater management of the declared mine.
5.A description of the process for reviews of the assessment, plan, actions and control measures referred to in this Schedule relating to the declared mine.
SCHEDULE 13—INFORMATION IN DOCUMENTS REQUIRED TO BE RECORDED IN THE MINING REGISTER
Regulation 65
| Column 1 Provision of the Act | Column 2
| Column 3
|
| section 69(2)(a)(i) | Licence | Licence type/number, Date of grant of licence, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Map of area, Stratum of land (if relevant) |
| section 69(2)(a)(ia) | Instrument of refusal of application for licence | Licence application type/number, Date refused, Name/s of applicant/s, Address/es of applicant/s |
| section 69(2)(a)(ii) | Compensation agreement | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Title description of land covered by agreement, Names of parties to agreement |
| section 69(2)(a)(iii) | Rehabilitation bond relating to a licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Bond amount, Date of bond document, Date bond received |
| section 69(2)(a)(iiia) | Consent of owner to work near a dwelling house | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Name/s of owner/s, Address/es of owner/s, Title details of land subject to consent, Depth or distance restrictions (if relevant) |
| section 69(2)(a)(iiib) | Authorisation of Minister to work near a dwelling house | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Name/s of owner/s, Address/es of owner/s, Title details of land subject to authorisation |
| section 69(2)(a)(iv) | Approved work plan relating to a licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Date of work plan approval or date of variation approval, Description of the area covered by approved work plan, Nature of work, Conditions on approved work plan (if relevant), Stratum of land (if relevant) |
| section 69(2)(a)(vi) | Instrument of renewal of licence including notice of decreased area and of any changed conditions | Licence type/number, Date of renewal of licence, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Description of the area relinquished/refused (if relevant), Stratum of land (if relevant), Description of the general nature and purpose of any changed conditions |
| section 69(2)(a)(vii) | Instrument of refusal to renew licence | Licence type/number, Date refused, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Stratum of land (if relevant) |
| section 69(2)(a)(viii) | Instrument of variation of licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) (if relevant), Date of variation, Description of the general nature and purpose of the variation, Stratum of land (if relevant) |
| section 69(2)(a)(ix) | Instrument of amalgamation of licences | Licence type/numbers, Date of grant of licences, Amalgamated licence number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) of amalgamated licence, Date of amalgamation, Stratum of land (if relevant) |
| section 69(2)(a)(x) | Notice of surrender of licence | Licence type/number, Date notice of surrender submitted, Name/s of licensee/s, Address/es of licensee/s, Area surrendered (ha/graticules), Area retained (ha/graticules) (if relevant), Stratum of land (if relevant) |
| section 69(2)(a)(xi) | Instrument of cancellation of licence | Licence type/number, Date of notice of intention to cancel, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Date of cancellation, Stratum of land (if relevant) |
| section 69(2)(a)(xii) | Instrument of variation, suspension, revocation or addition of licence conditions | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) (if relevant), Date of instrument approval, Description of the general nature and purpose of the instrument, Stratum of land (if relevant) |
| section 69(2)(a)(xiii) | Approved instrument of transfer of licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Date of instrument approval, Name/s of transferee/s, Address/es of transferee/s, Stratum of land (if relevant) |
| section 69(2)(a)(xiv) | Instrument for creating, assigning or affecting interests in, or conferred by, licence (including mortgages) | Licence type/number, Name/s of licensee/s, Area (ha/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Summary of the interests created, assigned or affected, Stratum of land (if relevant) |
| section 69(2)(a)(xv) | Instrument for devolution of licence or interest in, or conferred by, licence | Licence type/number, Name/s of licensee/s, Area (ha/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Stratum of land (if relevant) |
| section 69(2)(a)(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/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Summary of the interests cancelled or terminated by the instrument, Stratum of land (if relevant) |
| section 69(2)(a)(xvb) | Written undertakings entered into under section 107 in relation to a licence | Licence type/number, Name/s of licensee/s, Description of the general nature and purpose of undertaking, Description of the terms of each undertaking |
| section 69(2)(a)(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 |
| section 69(2)(a)(xvii) | Instrument of work plan minor variation of a licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Date of variation, Description of the general nature and purpose of the minor variation, Stratum of land (if relevant) |
SCHEDULE 14—INFRINGEMENTS
Regulation 68
| Column 1 Item | Column 2 Infringement offence | Column 3 Infringement penalty |
| 1 | An offence under section 8(1) of the Act | 25 penalty units in the case of a corporation or 5 penalty units in any other case |
| 2 | An offence under section 14(2A) of the Act | 6 penalty units |
| 3 | An offence under section 14BA of the Act | 6 penalty units |
| 4 | An offence under section 26AT of the Act | 1 penalty unit |
| 5 | An offence under section 26AV of the Act | 25 penalty units in the case of a corporation or 5 penalty units in any other case |
| 6 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work in an area or at a location that is not authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 7 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work outside of the hours authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 8 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work in buffer zones that is not authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 9 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing blasting work that is not authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 10 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds blasting limits specified in the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 11 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that discharges water other than as authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 12 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds noise limits specified in the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 13 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing drilling work that is not authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 14 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds dust limits specified in the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 15 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that removes native vegetation other than as authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 16 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by constructing a fence that is not in accordance with the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 17 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by rehabilitation of a drillhole that is not in accordance with the licence or work plan, including but not limited to failing to plug a drillhole | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 18 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by storing, handling, transporting, using, disposing or discharging a chemical other than as authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 19 | An offence under section 39(5) of the Act | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 20 | An offence under section 42(1) of the Act | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 21 | An offence under section 43(1) of the Act | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 22 | An offence under section 58(1)(a) of the Act | 10 penalty units |
| 23 | An offence under section 58(1)(b) of the Act | 10 penalty units |
| 24 | An offence under section 58(1)(c) of the Act | 10 penalty units |
| 25 | An offence under section 58(1)(d) of the Act | 10 penalty units |
| 26 | An offence under section 58(2) of the Act | 5 penalty units |
| 27 | An offence under section 62(1)(a) of the Act | 10 penalty units |
| 28 | An offence under section 62(1)(b) of the Act | 10 penalty units |
| 29 | An offence under section 62(1)(c) of the Act | 10 penalty units |
| 30 | An offence under section 62(1)(d) of the Act | 10 penalty units |
| 31 | An offence under section 62(2) of the Act | 10 penalty units |
| 32 | An offence under section 62(3) of the Act | 5 penalty units |
| 33 | An offence under section 80(4A) of the Act | 25 penalty units in the case of a corporation or 5 penalty units in any other case |
| 34 | An offence under section 80(6) of the Act | 60 penalty units in the case of a corporation or 12 penalty units in any other case |
| 35 | An offence under section 95R(2)(a) of the Act | 30 penalty units in the case of a corporation or 6 penalty units in any other case |
| 36 | An offence under section 110(3) of the Act | 30 penalty units in the case of a corporation or 6 penalty units in any other case |
| 37 | An offence under section 113A(3) of the Act | 5 penalty units |
| 38 | An offence under section 116(1) of the Act | 2 penalty units |
| 39 | An offence under regulation 8(2) | 5 penalty units |
| 40 | An offence under regulation 51(3) | 5 penalty units |
| 41 | An offence under regulation 51(4) | 5 penalty units |
| 42 | An offence under regulation 52 | 5 penalty units |
SCHEDULE 15—LANDOWNER'S CONSENT UNDER SECTION 45
Regulation 70
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 and any subsequent owner of the land cannot withdraw a consent you have given.
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 make your consent conditional on 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:
*Delete if not applicable.
═════════════
ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019, S.R. No. 48/2019 were made on 18 June 2019 by the Governor in Council under section 124 of the Mineral Resources (Sustainable Development) Act 1990, No. 92/1990 and came into operation on 1 July 2019: regulation 3.
The Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 will sunset 10 years after the day of making on 18 June 2029 (see section 5 of the Subordinate Legislation Act 1994).
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 2019 by statutory rules, subordinate instruments and Acts.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2019, S.R. No. 138/2019
Date of Making: 10.12.19 Date of Commencement: 1.1.20: reg. 3
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2020, S.R. No. 56/2020
Date of Making: 23.6.20 Date of Commencement: 23.6.20: reg. 3
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2022, S.R. No. 97/2022
Date of Making: 27.9.22 Date of Commencement: 30.9.22: reg. 3
Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2025, S.R. No. 108/2025
Date of Making: 14.10.25 Date of Commencement: 20.10.25: reg. 3
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
3 Explanatory details
[1] Reg. 24(3): S.R. No. 43/2015 as amended by S.R. No. 189/2018.
——
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 2025 is $16.81. 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 2025 is $203.51. 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 was included in S.R. No. 48/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| Statutory rule provision | Title of applied, adopted or incorporated document | Matter in applied, adopted or incorporated document |
| Regulation 11 | ISO 1928:2009(E) Solid Mineral Fuels – Determination of gross calorific value by the bomb calorimetric method and calculation of net calorific value published by the International Organization for Standardization in June 2009, Third Edition 2009-06-01. | The whole |
0
0
0