Untitled document
Mineral Resources Amendment (Sustainable Development) Act 2010
No. 59 of 2010
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Licensing Amendments to the Mineral Resources (Sustainable Development) Act 1990
4Definitions
5Minister may exempt land from exploration or mining licence
6Amendment to heading to Part 2
7Mining licences
8New sections 14B and 14C inserted
14BProspecting licences
14CRetention licences
9Application for a licence
10New sections 16 and 16A inserted
16Applicant for licence—fit and proper person
16AApplication for mining licence or retention licence
where exploration licence or prospecting licence
covers same land
11Grant or refusal of licence
12Waiver of exploration licence holder's consent
13Grant of licence
14Payment of rent in relation to licences
15Application procedure
16Grant or refusal of licence—direct allocation
17Grant of licences—tender
18Application for renewal of licence
19New section 31 substituted
31Renewals of licences
20Period of renewal—exploration licences
21Decrease in area under exploration licence
22Cancellation of licence
23Work plans
24Commencement of work under prospecting licence
25Commencement of work under retention licence
26Miner's right
27Licensee must rehabilitate land
28New section 112A inserted
112AMinister may require review of economic viability of mining of minerals to which a retention licence
applies
29New section 137 inserted
137Savings and transitional provisions—2010 amendments
30New Schedule 8 inserted
SCHEDULE 8—Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010
1Definitions
2Mining licence applications
3Mining licensees and others may apply for retention licence in certain cases
4Exploration licences in effect that have not been
renewed5Exploration licences in effect that have been
renewed once6Exploration licences in effect for more than 10 years
7Applications relating to specified exploration licences
8Specified exploration licences with parts within outer boundaries of mining licences
9Decreases in area under current exploration
licences—first renewal after amending Act10Decreases in area under current exploration
licences—second renewal after amending Act11Decreases in area under current exploration licences
in effect 10 years or more on renewal
Part 3—Other Amendments to the Mineral Resources (Sustainable Development) Act 1990
31Amendment of purpose
32Definitions
33Royalties for lignite—definition of gigajoule unit of lignite
34Work plans—work under licences
35Variation of work plan on application of a licensee
36Consent for low impact exploration work
37Miner's right
38Tourist fossicking authority
39Abolition of Mining and Environment Advisory Committee
40Consequential amendment on abolition of Mining and Environment Advisory Committee
41Repeal of tourist mine authority provisions
42Consequential amendments on repeal of tourist mine authority provisions
43Work plans—extractive industries
44Variations to work plans—extractive industries
45New Part 6B inserted
Part 6B—Statutory Endorsement of Work Plans
77TADefinitions
77TBApplication of Part
77TCGiving of work plan or variation to approved work
plan for statutory endorsement77TDDepartment Head may endorse work plan or variation
to approved work plan77TEDepartment Head must give work plan or variation application to referral authority
77TFReferral authority must consider work plan and
variation of approved work plan77TGInterrelationship with the Planning and Environment
Act 198777THReview by Tribunal
46What compensation is payable for
47Compensation agreement
48Limit on total amount of compensation
49Regulation making powers—measuring net wet specific
energy content of lignite50New section 135A inserted
135ATransitional provision—2010 amendments abolishing the Mining and Environment Advisory Committee
51Statute law revision
Part 4—Amendment of Victorian Energy Efficiency Target Act 2007
52Who may create a certificate
53Regulations
Part 5—Repeal of Amending Act
54Repeal
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EndnoteS
Mineral Resources Amendment (Sustainable Development) Act 2010
No. 59 of 2010
[Assented to 14 September 2010]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to—
(a)amend the Mineral Resources (Sustainable Development) Act 1990—
(i)to provide for 2 new licences (prospecting licences and retention licences); and
(ii)to require mining licence applications and applications for retention licences to describe the mineral resources to which they will relate; and
(iii)to provide for a new procedure for the endorsement of work plans and variations to approved work plans before they are approved; and
(iv)to clarify the purpose of that Act; and
(v)to repeal redundant provisions; and
(vi)to generally improve the operation of that Act; and
(b)amend the Victorian Energy Efficiency Target Act 2007 to further provide for how an assignment of the right to create energy efficiency certificates may be made.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 1 February 2012, it comes into operation on that day.
3Principal Act
In this Act, the Mineral Resources(Sustainable Development) Act 1990 is called the Principal Act.
__________________
Part 2—Licensing Amendments to the Mineral Resources (Sustainable Development) Act 1990
4Definitions
In section 4(1) of the Principal Act—
(a)in the definition of community engagement plan, for "40(3)(b)(ii)" substitute "40(3)(c)"; and
(b)in the definition of licence, for "or a mining licence" substitute ", a mining licence, a prospecting licence or a retention licence";
(c)insert the following definitions—
infrastructure mining licence means a mining licence solely for the construction of a facility or other infrastructure to be used for the purpose of mining under another mining licence;
mineral resource means a concentration of a mineral or minerals that is or may be economically viable to mine;".
5Minister may exempt land from exploration or mining licence
In section 7(1) of the Principal Act, for "an exploration licence or a mining licence, or both" substitute "a licence".
6Amendment to heading to Part 2
In the heading to Part 2 of the Principal Act, for "AND MINING" substitute ", MINING, PROSPECTING AND RETENTION".
7Mining licences
(1)In section 14(4) of the Principal Act, for "otherwise" substitute "a greater area may be required to mine a mineral resource.".
(2)For section 14(5) of the Principal Act substitute—
"(5)A mining licence does not entitle the holder of the licence to only explore for a mineral resource during the currency of the licence.".
8New sections 14B and 14C inserted
After section 14A of the Principal Act insert—
"14B Prospecting licences
(1)The holder of a prospecting licence is entitled—
(a)to prospect or explore for minerals; and
(b)to carry out mining on the land covered by the licence; and
(c)to do anything else that is incidental to that mining.
(2)To avoid doubt, the holder of a prospecting licence is entitled to apply for a mining licence or retention licence in respect of the land covered by the licence.
(3)A prospecting licence—
(a)is current for the time specified in the licence, not exceeding 5 years from the date on which it is registered; and
(b)cannot be renewed; and
(c)applies to the land described in the licence.
(4)The area of the land described in a prospecting licence must not exceed 5 hectares.
14CRetention licences
(1)The holder of a retention licence is entitled—
(a)to retain rights to a mineral resource in the land covered by the licence—
(i)that is not economically viable to mine but may become economically viable to mine in the future; or
(ii)for the purpose of sustaining the operations of an existing mine; and
(b)to explore and carry out other work to establish the economic viability of mining a mineral resource in the land covered by the licence.
(2)To avoid doubt, the holder of a retention licence is entitled to—
(a)apply for a mining licence in respect of the land covered by the licence; or
(b)give consent to another person to apply for a mining licence in respect of the land covered by the licence.
(3)A retention licence—
(a)is current for the time specified in the licence, not exceeding 10 years from the date on which it is registered; and
(b)may be renewed only twice, each for a period not exceeding 10 years in accordance with this Part; and
(c)applies to the land described in the licence.
(4)The area of the land described in a licence is the area the Minister determines as the area that may be required for the purpose of mining a mineral resource in the future.".
9Application for a licence
(1)In section 15(1) of the Principal Act, for "or a mining licence" substitute ", a mining licence, prospecting licence or retention licence".
(2)For section 15(1A)(a) and (b) of the Principal Act substitute—
"(a)a licence over land that is covered by a mining licence or that is the subject of an application for a mining licence; or
(b)an exploration licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence; or
(ba)a prospecting licence over land that is covered by a prospecting licence or that is the subject of an application for a prospecting licence; or
(bb)a retention licence over land that is covered by a retention licence or that is the subject of an application for a retention licence; or".
(3)In section 15(1A)(c) of the Principal Act—
(a)after "exploration licence" (where first occurring) insert "or a prospecting licence or retention licence";
(b)after "exploration licence" (where secondly and thirdly occurring) insert ", prospecting licence or retention licence";
(c)subparagraph (iii) is repealed.
(4)After section 15(1A)(c) of the Principal Act insert—
"(ca)a prospecting licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence unless—
(i)the applicant is the holder of, or the applicant for, the exploration licence; or
(ii)the application is accompanied by the written consent of the holder of, or the applicant for, the exploration licence to the granting of the licence; or
(iii)the exploration licence was first registered more than 2 years before the application for the prospecting licence was lodged; or
(cb)a prospecting licence over land that is covered by a retention licence or that is the subject of an application for a retention licence unless—
(i)the applicant is the holder of, or the applicant for, the retention licence; or
(ii)the application is accompanied by the written consent of the holder of, or the applicant for, the retention licence to the granting of the licence; or
(cc)a retention licence over land that is covered by an exploration licence or that is the subject of an application for an exploration licence unless—
(i)the applicant is the holder of, or the applicant for, the exploration licence; or
(ii)the application is accompanied by the written consent of the holder of, or the applicant for, the exploration licence to the granting of the licence; or
(cd)a retention licence over land that is covered by a prospecting licence or that is the subject of an application for a prospecting licence unless—
(i)the applicant is the holder of, or the applicant for, the prospecting licence; or
(ii)the application is accompanied by the written consent of the holder of, or the applicant for, the prospecting licence to the granting of the licence; or".
(5)After section 15(1A)(f) of the Principal Act insert—
"(g)a prospecting licence over land that abuts land covered by an adjoining prospecting licence and—
(i)that application has been made within 2 years after the registration of the adjoining prospecting licence; and
(ii)the land to be covered by that application and land covered by other prospecting licences will form a contiguous area of land that exceeds 20 hectares; or".
(6)In section 15(1B) of the Principal Act—
(a)for "paragraph (a), (b), (c), (d) or (e)" substitute "paragraphs (a) to (e)";
(b)for "or a mining licence" substitute ", mining licence, prospecting licence or retention licence".
(7)After section 15(1B) of the Principal Act insert—
"(1BA)An application for a licence must specify the mineral or minerals to which the licence will relate.
(1BB)An application for a mining licence (other than an infrastructure mining licence) or a retention licence must describe, in accordance with the guidelines issued by the Minister, a mineral resource.
(1BC)In addition, an application for a retention licence must specify the area of land that the licence will cover and the reasons for that coverage.
(1BD)To avoid doubt, an application for an exploration licence or a prospecting licence is not required to describe a mineral resource.
(1BE)If the mineral resource described in an application referred to in subsection (1BB) is not being mined from the land that will be covered by the licence being applied for, the application must include a report (a mineralisation report) prepared by a competent person that—
(a)sets out the exploration results in relation to the described mineral resource; and
(b)includes an analysis of whether the exploration results indicate that there is a reasonable prospect that the mining of the described mineral resource will be economically viable.
(1BF)The exploration results referred to in subsection (1BE) must—
(a)specify the type of the mineral or minerals; and
(b)specify the location, depth, quantity and extent of the mineral or minerals; and
(c)specify the method by which the extent of the mineral or minerals have been determined; and
(d)include analytical results obtained from samples of the mineral or minerals.
(1BG)In subsection (1BE), a competent person means a person prescribed for the purposes of that subsection as a competent person.".
(8)For section 15(6)(ba) and (c) of the Principal Act substitute—
"(ba)subject to subsection (6A), genuinely intends to do work; and
(c)subject to subsection (6A), has an appropriate program of work; and".
(9)After section 15(6) of the Principal Act insert—
"(6A)An applicant for a retention licence is not required to satisfy the Minister that the applicant genuinely intends to do work and has an appropriate program of work if the Minister considers it unnecessary or inappropriate in the circumstances.
(6B)Without limiting subsection (6), an applicant for a mining licence (other than an infrastructure mining licence) or a retention licence must satisfy the Minister that there is a reasonable prospect that the mining of the mineral resource described in the application will be economically viable.
(6C)Without limiting subsection (6), in the case where the Minister accepts an application for a mining licence or a retention licence referred to in subsection (1BB), the Minister must, for the purpose of being satisfied whether to grant the mining licence or retention licence, consider the mineralisation report included in the application.".
10New sections 16 and 16A inserted
After section 15 of the Principal Act insert—
"16 Applicant for licence—fit and proper person
(1)For the purpose of being satisfied under section 15(6)(a) that an applicant for a licence is a fit and proper person to hold the licence, the Minister must have regard to whether—
(a)the Minister has taken action under section 83 to rehabilitate land because the applicant or an associate of the applicant has not complied with Part 7, including—
(i)the circumstances which led to the taking of that action under that Part; and
(ii)when those circumstances arose;
(b)a licence held by the applicant or an associate of the applicant has been cancelled, including—
(i)the circumstances which led to that cancellation;
(ii)when those circumstances arose;
(c)the applicant or an associate of the applicant has been convicted of an offence against the Act, including—
(i)the nature of the offence;
(ii)when the offence was committed;
(iii)the penalty imposed;
(d)the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty including—
(i)the nature of the offence;
(ii)when the offence was committed;
(iii)the penalty imposed.
(2)The Minister cannot be satisfied under section 15(6)(a) that an applicant for a licence is a fit and proper person to hold the licence if the applicant or an associate of the applicant is an insolvent under administration.
(3)Subsections (1) and (2) do not limit what the Minister must be satisfied of under section 15(6)(a).
(4)In this section associate means a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the applicant's business.
16AApplication for mining licence or retention licence where exploration licence or prospecting licence covers same land
(1)This section applies if—
(a)an application is made for a mining licence or retention licence in relation to land covered by an exploration licence or prospecting licence; and
(b)the exploration licence or prospecting licence (as the case may be) will expire before the Minister grants or refuses to grant the mining licence or retention licence.
(2)Despite anything to the contrary in this Act, the part of the exploration licence or prospecting licence that covers the land that is the subject of the application continues in effect after the date it would have otherwise expired until the Minister grants or refuses to grant the mining licence or retention licence (as the case may be).".
11Grant or refusal of licence
(1)For section 25(1)(b) of the Principal Act substitute—
"(b)that is covered by an exploration licence, unless the application is for a mining licence or retention licence and, if the applicant is not the holder of the exploration licence, the holder of that licence consents in writing; or"
(2)After section 25(1)(b) of the Principal Act insert—
"(ba)that is covered by an exploration licence or that is the subject of an application for an exploration licence, unless the application is for a prospecting licence and, if the applicant is not the holder of the exploration licence or the applicant for the exploration licence—
(i)the holder or applicant of the exploration licence consents in writing; or
(ii)in the case of an exploration licence, both of the following conditions apply—
(A)the exploration licence was first registered more than 2 years before the application was lodged; and
(B)the Minister has waived the need for the exploration licence holder's consent under section 25A; or".
(3)For section 25(1)(c) of the Principal Act substitute—
"(c)that has been covered by an exploration licence for at least 2 years, if the granting of the licence would mean that—
(i)the number of—
(A)mining licences granted by virtue of section 25A before the commencement of section 12 of the Mineral Resources Amendment (Sustainable Development) Act 2010; or
(B)prospecting licences granted by virtue of that section on and after the commencement of section 12 of the Mineral Resources Amendment (Sustainable Development) Act 2010—
over land covered by the exploration licence is more than the number of graticular sections covered by the exploration licence divided by 10; or
(ii)any 2 areas covered by—
(A)mining licences granted by virtue of section 25A before the commencement of section 12 of the Mineral Resources Amendment (Sustainable Development) Act 2010; or
(B)prospecting licences granted by virtue of that section on and after the commencement of section 12 of the Mineral Resources Amendment (Sustainable Development) Act 2010—
within the exploration licence would be 1 kilometre or less apart at the closest points; or".
12Waiver of exploration licence holder's consent
(1)For section 25A(1)(a) of the Principal Act substitute—
"(a)a person applies for a prospecting licence over land that is covered by an exploration licence; and".
(2)Section 25A(1)(b) of the Principal Act is repealed.
(3)For section 25A(1)(c) of the Principal Act substitute—
"(c)the exploration licence was first registered more than 2 years before the application was lodged; and".
(4)In section 25A(1)(d) of the Principal Act omit "or unwilling".
(5)In section 25A(4) of the Principal Act, for "mining" substitute "prospecting".
13Grant of licence
(1)After section 26(2)(d) of the Principal Act insert—
"(da)work undertaken under a licence;".
(2)After section 26(9) of the Principal Act insert—
"(10)On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, covered by a prospecting licence or retention licence ceases to be covered by that prospecting licence or retention licence.
(11)On the registration of the grant of a retention licence, any land covered by that licence that was, immediately before the registration, covered by an exploration licence or prospecting licence ceases to be covered by that exploration licence or prospecting licence.".
14Payment of rent in relation to licences
In section 26(4) of the Principal Act—
(a)omit "mining";
(b)for "work authority" substitute "grant of the licence".
15Application procedure
In section 26AD(2) of the Principal Act—
(a)after "15(1C)" insert ", 15(1BC) to (1BG)";
(b)after "15(6)" insert ", (6A) to (6C)";
(c)for "and 15(8)" substitute ", 15(8), 16 and 16A".
16Grant or refusal of licence—direct allocation
After section 26AM(5) of the Principal Act insert—
'(5A)In addition, section 26(2) applies to an exploration licence or a mining licence or retention licence granted under this Subdivision (an initial licence), and any other mining licence or retention licence granted under the Act covering some or all of the land covered by the initial licence, as if after paragraph (d) there were inserted—
"(da)technology and project development milestones.".'.
17Grant of licences—tender
(1)After section 27D(2) of the Principal Act insert—
'(2A)In addition, section 26(2) applies to an exploration licence or a mining licence or retention licence granted to a successful tenderer under this Division (an initial licence), and any other mining licence or retention licence granted under the Act covering some or all of the land covered by the initial licence, as if after paragraph (d) there were inserted—
"(da)technology and project development milestones.".'.
(2)In section 27D(3) of the Principal Act, after "15(6)" insert "to (6C) and 16A".
(3)After section 27D(3) of the Principal Act insert—
"(4)In addition, without limiting subsection (2), the Minister must not grant an exploration licence or a mining licence or retention licence to a person who has submitted a tender unless the Minister is satisfied that the person meets the requirements in section 16.".
18Application for renewal of licence
In section 29(1) of the Principal Act, after "licensee" insert "(other than a licensee who is a holder of a prospecting licence)".
19New section 31 substituted
For section 31 of the Principal Act substitute—
"31 Renewals of licences
(1)The Minister must refuse to renew a licence if the applicant does not satisfy the Minister as to the matter specified in section 15(6)(ba) unless the applicant satisfies the Minister that the applicant has identified minerals in the land covered by the licence and that—
(a)additional time is necessary to assess the economic viability of mining those minerals; or
(b)it is not at present economically viable to mine those minerals but it may become so in the future.
(2)The Minister may refuse to renew a licence if the Minister is satisfied as to any one or more of the following matters—
(a)the applicant as a licensee has not substantially complied with—
(i)subject to subsection (3), this Act or the regulations; or
(ii)any condition to which—
(A)the licence that is the subject of the application for renewal is subject; or
(B)a work plan is subject; or
(iii)any condition specified under section 44; or
(iv)any relevant planning scheme or permit; or
(b)the applicant as a licensee has unreasonably delayed in trying to obtain any necessary consent or other authority;
(c)the applicant as a licensee has not commenced work within the time specified in or allowed under section 42(5);
(d)the applicant as a licensee has endangered the public or an employee on or near the land covered by the licence that is the subject of the application for renewal;
(e)the applicant as a licensee has undertaken work on land otherwise than in accordance with a work plan;
(f)the applicant as a licensee no longer complies with section 15(6)(a) to (d);
(g)in the case of an application for the renewal of a mining licence, the area covered by the licence is depleted of minerals to the extent that it is no longer feasible to mine that area;
(h)in the case of an application for the renewal of a mining licence or retention licence, it is not feasible to mine minerals in the area covered by the licence and will not be feasible to do so in the foreseeable future;
(i)in the case of an application for the renewal of a retention licence, the applicant as a licensee has failed to comply with a requirement under section 112A.
(3)Subsection (2)(a)(i) does not authorise the Minister to refuse to renew a licence if the Minister is satisfied that the non-compliance is not likely to affect adversely any person's rights under this Act or the regulations or to result in any person being deprived of information necessary for the effectual exercise of those rights.
(4)Otherwise, subject to subsections (5) to (9), the Minister may, by instrument served on the applicant, renew or refuse to renew a licence.
(5)The Minister may only renew an exploration or retention licence twice.
(6)In the case of the application for the second renewal of an exploration licence, the Minister may only renew the licence if the Minister—
(a)considers there are exceptional circumstances to warrant that second renewal; and
(b)is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed.
Note
See also section 32(2) and (2A).
(7)In the case of a renewal of a retention licence, the Minister may only renew the licence—
(a)in the case of either the first or second renewal, if the Minister is satisfied that the mining of a mineral resource would be economically viable in the future; and
(b)in addition, in the case of the second renewal, only if the licensee has demonstrated to the Minister that there are exceptional circumstances to warrant that second renewal.
(8)In the case of an application for the renewal of a mining licence, the Minister may renew the licence if—
(a)the mining of a mineral resource is taking place at the time of the application and the Minister is satisfied that there is a reasonable prospect that mining of that mineral resource will continue after that renewal;
(b)the mining of a mineral resource had taken place before the date of the application for the renewal of the mining licence and the Minister is satisfied that there is a reasonable prospect that mining of that mineral resource will recommence within 2 years after that renewal.
(9)The Minister may renew a licence—
(a)subject to any conditions specified in the renewal; or
(b)to cover a smaller area than that covered by the application for renewal.
(10)A renewal or refusal to renew has no effect until the instrument of renewal or refusal to renew is registered.".
20Period of renewal—exploration licences
(1)In section 32(2) of the Principal Act—
(a)for "The Minister" substitute "In the case of an application for the first renewal of an exploration licence, the Minister";
(b)for "an exploration licence" substitute
"the exploration licence".
(2)After section 32(2) of the Principal Act insert—
"(2A)In the case of an application for the second renewal of an exploration licence, the Minister may only renew the exploration licence for a period of up to 5 years.".
21Decrease in area under exploration licence
After section 38A(2) of the Principal Act insert—
"(2A)On the seventh anniversary of the initial registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least a further 20% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence as originally granted.
(2B)On the tenth anniversary of the initial registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least a further 10% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence as originally granted.".
22Cancellation of licence
(1)After section 38(1)(b)(iii) of the Principal Act insert—
"(iiia)subject to subsection (1AA), in the case of a licensee who is a holder of a mining licence, the licensee has stopped mining on land covered by the licence and has not carried out any mining on that land for a continuous period of 2 years; or".
(2)After section 38(1)(b)(vii) of the Principal Act insert—
"(viia)in the case of a retention licence, that the mining of a mineral resource to which the retention licence relates would not be economically viable in the future; or
(viib)in the case of a retention licence, the licensee is unlikely to undertake economically viable mining of a mineral resource to which the retention licence relates in the future; or
(viic)in the case of a retention licence, the licensee has failed to comply with a requirement under section 112A; or".
(3)After section 38(1) of the Principal Act insert—
"(1AA)Subsection (1)(b)(iiia) applies only to a period referred to in that subparagraph that commences on or after the day on which section 22(1) of the Mineral Resources Amendment (Sustainable Development) Act 2010 comes into operation.".
23Work plans
(1)In section 40(2AA)(a) of the Principal Act, after "less" insert "or a prospecting licence".
(2)For section 40(3)(b) of the Principal Act substitute—
"(b)if the licence is a mining licence or a prospecting licence under which mining activities are proposed to be carried out, a rehabilitation plan for the area of land covered by the licence; and
(c)if the licence is a mining licence or prospecting licence, in relation to the mining activities proposed to be carried out under the licence, a plan for consulting with the community prepared in accordance with the regulations and any guidelines issued by the Minister relating to such plans (a community engagement plan).".
24Commencement of work under prospecting licence
(1)Insert the following heading to section 42 of the Principal Act—
"Commencement of work under mining licence or prospecting licence".
(2)In section 42(1) of the Principal Act, after "mining licence" insert "or prospecting licence".
25Commencement of work under retention licence
(1)Insert the following heading to section 43 of the Principal Act—
"Commencement of work under exploration licence or retention licence".
(2)In section 43(1) of the Principal Act, after "exploration licence" insert "or retention licence".
26Miner's right
(1)In section 55(1) of the Principal Act, after "mining licence" insert ", prospecting licence or retention licence".
(2)In section 55(1A) of the Principal Act, after "mining licence" insert ", prospecting licence or retention licence".
27Licensee must rehabilitate land
(1)In section 78(1) of the Principal Act, after "mining licence" insert "or prospecting licence".
(2)In section 78(2) of the Principal Act, after "exploration licence" insert "or retention licence".
28New section 112A inserted
After section 112 of the Principal Act insert—
"112A Minister may require review of economic viability of mining of minerals to which a retention licence applies
(1)The Minister may require the holder of a retention licence—
(a)to re-evaluate the economic viability of the mining of a mineral to which the licence relates from the land covered by the licence; and
(b)to report to the Minister in writing the results of the re-evaluation.
(2)In making such a requirement, the Minister—
(a)must make the requirement by giving the licensee written notice of the requirement; and
(b)must allow the licensee at least 90 days within which to comply with the requirement.
(3)The Minister may, on the written application of the licensee, allow the licensee more time within which to comply with a requirement made under this section.
(4)The Minister may not make a requirement under this section if the licensee has already complied with a requirement made under this section on 2 occasions in the 5 years immediately before the making of the requirement.
(5)If the licensee fails to comply with a requirement made under this section, the Minister may cancel the licence.".
29New section 137 inserted
After section 136 of the Principal Act insert—
"137 Savings and transitional provisions—2010 amendments
Schedule 8 has effect.".
30New Schedule 8 inserted
After Schedule 7 to the Principal Act insert—
"__________________
SCHEDULE 8
Section 137
Savings and transitional provisions arising from the Mineral Resources Amendment (Sustainable Development) Act 2010
1Definitions
In this Schedule—
amending Act means the Mineral Resources Amendment (Sustainable Development) Act 2010;
specified licence means an exploration licence to which clause 7 or 8 applies.
2Mining licence applications
(1)To avoid doubt, Part 2, as amended by Part 2 of the amending Act, applies to—
(a)an application for a mining licence made on and after the commencement of section 7 of the amending Act; and
(b)subject to subclause (2), an application for the renewal of a current mining licence made on or after the commencement of that section.
(2)Despite anything to the contrary in Part 2, an application for a mining licence or for the renewal of a current mining licence that is made within 12 months after the commencement of section 7 of the amending Act is not required to include a mineralisation report at the time the application is made.
(3)However, a mineralisation report must be provided to the Minister within 12 months after the application is made.
(4)Despite anything to the contrary in this Act, the Minister—
(a)cannot make a decision on the application until the Minister receives a mineralisation report under subclause (3); and
(b)may refuse the application if the Minister is not provided a mineralisation report within the time specified under subclause (3).
(5)In this clause—
current mining licence means a mining licence that is in effect immediately before the commencement of section 7 of the amending Act;
mineralisation report means a report referred to in section 15(1BE).
3Mining licensees and others may apply for retention licence in certain cases
(1)This clause applies to—
(a)a holder of a mining licence who wishes to apply for a retention licence over land that is covered by the mining licence; or
(b)an applicant for a mining licence who wishes to apply for a retention licence over land that is covered by the application for the mining licence; or
(c)a person who—
(i)wishes to apply for a retention licence over land that is covered by a mining licence or that is the subject of an application for a mining licence; and
(i)has the consent of the holder of that mining licence or the applicant for that mining licence to apply for the retention licence.
(2)Despite anything to the contrary in Part 2, a person to whom this clause applies may apply for the retention licence (the retention licence application) within 12 months after the commencement of section 7 of the amending Act.
(3)A retention licence application is not required to include a mineralisation report at the time the retention licence application is made.
(4)However, a mineralisation report must be provided to the Minister within 12 months after the retention licence application is made.
(5)Despite anything to the contrary in this Act, the Minister—
(a)cannot make a decision on the retention licence application until the Minister receives a mineralisation report under subclause (4); and
(b)may refuse the retention licence application if the Minister is not provided with a mineralisation report within the time specified under subclause (4).
(6)On the taking of effect of a retention licence that is granted on a retention licence application—
(a)the land to which the retention licence application relates is taken to be covered by that retention licence, if the land does not constitute the whole of the land covered by the mining licence or the application for the mining licence;
(b)the mining licence is taken to be cancelled if the land to which the retention licence application relates constitutes the whole of the land covered by the mining licence;
(c)the application for the mining licence is taken to be ineffective if the land to which the retention licence application relates constitutes the whole of the land covered by the application for the mining licence—
as the case requires.
(7)Subclauses (6)(a) and 6(b) apply despite anything to the contrary in the mining licence.
4Exploration licences in effect that have not been renewed
(1)This clause applies—
(a)to an exploration licence (other than a specified licence)—
(i)that is in effect on the commencement of section 19 of the amending Act; but
(ii)has not been renewed before that commencement; and
(b)whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act.
(2)Despite anything to the contrary in the exploration licence, sections 31 and 32 apply to an application for any renewal of the exploration licence.
5Exploration licences in effect that have been renewed once
(1)This clause applies—
(a)to an exploration licence (other than a specified licence)—
(i)that is in effect on the commencement of section 19 of the amending Act; and
(ii)has been renewed once before that commencement; and
(b)whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act.
(2)Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of the exploration licence.
(3)Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew the exploration licence—
(a)for one period that does not exceed 2 years; and
(b)after that, for another period not exceeding 2 years but only if the Minister—
(i)considers there are exceptional circumstances to warrant that renewal; and
(ii)is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed.
6Exploration licences in effect for more than 10 years
(1)This clause applies—
(a)to an exploration licence (other than a specified licence)—
(i)that is in effect on the commencement of section 19 of the amending Act; and
(ii)that has been, before that commencement, in effect for a period of more than 10 years; and
(b)whether or not an application has been made to renew that licence before the commencement of section 19 of the amending Act.
(2)Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of the exploration licence.
(3)Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew the exploration licence—
(a)as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 2 years; and
(b)after that, for a period not exceeding 2 years but only if the Minister—
(i)considers there are exceptional circumstances to warrant that renewal; and
(ii)is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed.
7Applications relating to specified exploration licences
(1)This clause applies to the following exploration licences (whether or not an application has been made to renew any of the licences before the commencement of section 19 of the amending Act)—
(a)exploration licence No. 3327 granted on 16 September 1982 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5344 granted on 10 August 1987 and No. 5364 granted on 16 November 1989;
(b)exploration licence No. 3008 granted on 16 December 1988 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5260 granted on 31 May 1985;
(c)exploration licence No. 3018 granted on 5 September 1989 to the extent that the licence covers land not within the outer boundaries of the land described in any of the following mining licences—
(i)No. 4847 granted on 3 November 1989;
(ii)No. 5396 granted on 5 October 1988;
(iii)No. 5444 granted on 5 April 2006;
(d)exploration licence No. 3310 granted on 17 September 1993 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 4644 granted on 25 February 1986;
(e)exploration licence No. 3539 granted on 3 June 1994 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5404 granted on 24 August 1990;
(f)exploration licence No. 3903 granted on 4 October 1996 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5458 granted on 9 August 2006 and No. 5497 granted on 26 August 2009;
(g)exploration licence No. 4282 granted on 30 April 1998 to the extent that the licence covers land not within the outer boundaries of the land described in mining licences No. 5367 granted on 24 May 2002 and No. 5506 granted on 17 December 2008.
(2)Subject to subclause (3), sections 31 and 32 apply to an application for the renewal of an exploration licence to which this clause applies.
(3)Despite section 31(5) and (6), and the periods specified in section 32(2) or (2A), the Minister may renew an exploration licence to which this clause applies—
(a)as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 5 years; and
(b)after that, as many times as is necessary so that the aggregate number of years that the exploration licence is renewed does not exceed 2 years but only if the Minister, each time—
(i)considers there are exceptional circumstances to warrant that renewal; and
(ii)is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period for which the licence may be renewed.
(4)In addition, section 38A(2A) and (2B) do not apply to the exploration licence.
8Specified exploration licences with parts within outer boundaries of mining licences
(1)This clause applies to the following exploration licences (whether or not an application has been made to renew any of the licences before the commencement of section 19 of the amending Act)—
(a)exploration licence No. 3327 granted on 16 September 1982 to the extent that the licence covers land within the outer boundaries of the land described in mining licences No. 5344 granted on 10 August 1987 and No. 5364 granted on 16 November 1989;
(b)exploration licence No. 3008 granted on 16 December 1988 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5260 granted on 31 May 1985;
(c)exploration licence No. 3018 granted on 5 September 1989 to the extent that the licence covers land within the outer boundaries of the land described in any of the following mining licences—
(i)No. 4847 granted on 3 November 1989;
(ii)No. 5396 granted on 5 October 1988;
(iii)No. 5444 granted on 5 April 2006;
(d)exploration licence No. 3242 granted on 24 April 1987 to the extent that the licence covers land within the outer boundaries of the land described in mining licences No. 4470 granted on 14 August 1979 and No. 5378 granted on 25 July 1988;
(e)exploration licence No. 3422 granted on 31 January 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5146 granted on 17 December 1996;
(f)exploration licence No. 3539 granted on 3 June 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 5404 granted on 24 August 1990;
(g)exploration licence No. 3640 granted on 15 September 1994 to the extent that the licence covers land within the outer boundaries of the land described in the mining licence No. 4756 granted on 17 January 1989.
(2)Sections 31 and 32, as in force immediately before the commencement of section 19 of amending Act, apply to an application for the renewal of an exploration licence to which this clause applies.
(3)In addition, section 38A(2A) and (2B) do not apply to the exploration licence.
9Decreases in area under current exploration licences—first renewal after amending Act
(1)This clause applies—
(a)to an exploration licence to which clause 4 of this Schedule applies; and
(b)in respect of which an application is made after the commencement of section 21 of the amending Act for the first renewal of that licence.
(2)Section 38A(2A) applies to the exploration licence.
10Decreases in area under current exploration licences—second renewal after amending Act
(1)This clause applies—
(a)to an exploration licence to which clause 4 of this Schedule applies; and
(b)in respect of which an application is made after the commencement of section 21 of the amending Act for the second renewal of that licence.
(2)Section 38A(2A) and (2B) apply to the exploration licence.
11Decreases in area under current exploration licences in effect 10 years or more on renewal
(1)This clause applies—
(a)to an exploration licence to which clause 5 or 6 of this Schedule applies; and
(b)in respect of which an application is made after the commencement of section 21 of the amending Act for a renewal of that licence.
(2)Section 38A(2A) and (2B) apply to the exploration licence.".
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Part 3—Other Amendments to the Mineral Resources (Sustainable Development) Act 1990
31Amendment of purpose
In section 1 of the Principal Act—
(a)after "encourage" insert "mineral exploration and"; and
(b)after "use of" insert ", and extract the value from,".
32Definitions
In section 4(1) of the Principal Act insert the following definitions—
"specified work plan means a work plan for work in respect of which a planning permit under the Planning and Environment Act 1987 is required;
specified variation, in relation to an approved work plan, means a variation to work—
(a)that is being carried out in accordance with the approved work plan; and
(b)in respect of which a planning permit under the Planning and Environment Act 1987 is required;
statutorily endorsed, in relation to a work plan or a variation to an approved work plan, means endorsed in accordance with Part 6B;".
33Royalties for lignite—definition ofgigajoule unit of lignite
In section 12A(5) of the Principal Act, for the definition of gigajoule unit of lignite substitute—
"gigajoule unit of lignite means a quantity of lignite which, when mined and measured at a prescribed time and in the prescribed manner, has a net wet specific energy content of 1 gigajoule.".
34Work plans—work under licences
Before section 40(1A) of the Principal Act insert—
"(1AB)A specified work plan lodged under subsection (1) must be statutorily endorsed.".
35Variation of work plan on application of a licensee
After section 41(2A) of the Principal Act insert—
"(2AA)A specified variation that is the subject of the application must be statutorily endorsed.".
36Consent for low impact exploration work
(1)In section 39(4)(b) of the Principal Act, for
"and (e)" substitute ", (e)(ii) to (iv) and (ea)".
(2)In section 43(1)(e) of the Principal Act, for "(2)." substitute "(2); and".
(3)After section 43(1)(e) of the Principal Act insert—
"(ea)if the land affected is private land and the work is low impact exploration work, the licensee has obtained the written consent or informed verbal consent of the owners and occupiers of the land affected.".
37Miner's right
In section 55(3) of the Principal Act, for "2 years" substitute "10 years".
38Tourist fossicking authority
In section 59(2) of the Principal Act, for "2 years" substitute "10 years".
39Abolition of Mining and Environment Advisory Committee
Part 4 of the Principal Act is repealed.
40Consequential amendment on abolition of Mining and Environment Advisory Committee
For section 46(1) of the Principal Act substitute—
"(1)The Minister may authorise a licensee to do work within the area prohibited by section 45(1)(a)(i) or within 100 metres below that area after consultation with—
(a)the municipal council in whose municipal district an area is situated; and
(b)any community group or member of the community whom the Minister considers should be consulted about the proposed work.".
41Repeal of tourist mine authority provisions
Division 3 of Part 5 of the Principal Act is repealed.
42Consequential amendments on repeal of tourist mine authority provisions
(1)In section 4(1) of the Principal Act—
(a)in the definition of dispute, in paragraph (f), for ", tourist fossicking authority or tourist mine authority" substitute "or tourist fossicking authority";
(b)in the definition of worksite, for ", a tourist fossicking authority or a tourist mine authority" substitute "or tourist fossicking authority";
(c)the definition of tourist mine is repealed.
(2)In section 8(1)(a) of the Principal Act, for ", a tourist fossicking authority or a tourist mine authority" substitute "or tourist fossicking authority".
(3)In section 110(7) of the Principal Act, for ", a tourist fossicking authority or a tourist mine authority" substitute "or tourist fossicking authority".
(4)Section 124(1)(i) of the Principal Act is repealed.
43Work plans—extractive industries
After section 77G(2) of the Principal Act insert—
"(2A)A specified work plan that is lodged under subsection (1) must be statutorily endorsed.".
44Variations to work plans—extractive industries
After section 77H(3) of the Principal Act insert—
"(3A)A proposed specified variation that is the subject of the application must be statutorily endorsed.".
45New Part 6B inserted
After Part 6A of the Principal Act insert—
"Part 6B—Statutory Endorsement of Work Plans
77TADefinitions
In this Part—
referral authority means a person or body that has been specified in a planning scheme under the Planning and Environment Act 1987 as a referral authority under that Act;
statutory endorsement means an endorsement of a work plan or a variation to an approved work plan under section 77TD.
77TBApplication of Part
This Part applies to—
(a)a work plan for work in respect of which a planning permit under the Planning and Environment Act 1987 is required; or
(b)a variation of an approved work plan for a variation to work—
(i)that is being carried out in accordance with the approved work plan; and
(ii)in respect of which a planning permit under the Planning and Environment Act 1987 is required.
77TCGiving of work plan or variation to approved work plan for statutory endorsement
A licensee or holder of an extractive industry work authority may give to the Department Head, for statutory endorsement, a work plan or a variation to an approved work plan.
77TDDepartment Head may endorse work plan or variation to approved work plan
(1)Subject to this Part, on receiving a work plan or a variation to an approved work plan, the Department Head may, by written notice, endorse or refuse to endorse—
(a)the work plan; or
(b)the variation to the approved work plan.
(2)The Department Head must not make a decision under subsection (1) that is inconsistent with anything that a referral authority tells the Department Head, or any comments the referral authority gives to the Department Head, under section 77TF.
(3)The Department Head may, in a statutory endorsement, specify that certain conditions must be observed by the licensee or holder of an extractive industry work authority in carrying out an approved work plan.
(4)In the case of a statutory endorsement of a variation to an approved work plan, the conditions specified under subsection (3) may include—
(a)in the case of variation to an approved work plan for work under a licence, any of the matters set out in section 26(2);
(b)in the case of variation to an approved work plan for work under an extractive industry work authority, any of the matters set out in section 77J(1).
(5)The Department Head must give the licensee or a holder of an extractive industry work authority who gave the work plan or the variation to an approved work plan, his or her statement of reasons for his or her decision under this section.
77TEDepartment Head must give work plan or variation application to referral authority
(1)On receiving a work plan or a variation to an approved work plan, the Department Head must, without delay, give a copy of the work plan or variation to an approved work plan to every referral authority that the Department Head considers, having regard to the kind of work proposed under the work plan or variation, should be given the work plan or variation.
(2)Before complying with subsection (1), the Department Head must be satisfied that the work plan or the variation to an approved work plan complies with the regulations.
77TFReferral authority must consider work plan and variation of approved work plan
(1)A referral authority must consider every work plan and variation to an approved work plan given to it and must—
(a)tell the Department Head in writing that—
(i)it does not object to the endorsement of the work plan or variation to the approved work plan;
(ii)it does not object to the statutory endorsement of the work plan or variation to the approved work plan if the work plan or variation is subject to conditions in the statutory endorsement; or
(iii)it objects to the statutory endorsement of the work plan or variation to the approved work plan on any specified ground; and
(b)give the Department Head its comments (if any) in relation to the work plan and variation to an approved work plan, as the case requires.
(2)A referral authority must comply with subsection (1) within 30 days after being given the work plan or variation to an approved work plan, as the case requires.
(3)If a referral authority does not comply with subsection (1) within the time specified under subsection (2), the referral authority is taken to have not objected to the statutory endorsement of the work plan or variation of the approved work plan.
77TGInterrelationship with the Planning and Environment Act 1987
(1)Despite anything to the contrary in the Planning and Environment Act 1987, section 55(1) of that Act does not apply to those parts of an application referred to in that section that consist of a work plan or a variation to an approved work plan given to a referral authority under section 77TE.
(2)However, for the purposes of subsection (1), a referral authority does not include the Department Head or Department (as the case requires).
77THReview by Tribunal
(1)A licensee or holder of an extractive industry work authority who gives the Department Head a work plan or variation to an approved work plan to which this Part applies may apply to the Tribunal for review of a decision of the Department Head under section 77TD—
(a)to refuse to statutorily endorse the work plan or variation to the approved work plan; or
(b)to statutorily endorse the work plan or variation to the approved work plan subject to conditions.
(2)An application for review must be made within 28 days after the later of—
(a)the day on which the decision is made;
(b)either—
(i)the day on which the statement of reasons for the decision is given to the licensee under section 77TD; or
(ii)if, under the Victorian Civil and Administrative Tribunal Act 1998, the licensee or holder of an extractive industry work authority requests a statement of reasons for the decision, the day on which the statement of reasons is given to the licensee or holder or the licensee or holder is informed under section 46(5) of that Act that a statement of reasons will not be given.
__________________".
46What compensation is payable for
(1)In section 85(1) of the Principal Act, after "private land" insert "that is land affected".
(2)After section 85(1) of the Principal Act insert—
"(1A)Compensation is payable by the licensee to the owner or occupier of private land that is not land affected for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licence including—
(a)damage to the surface of the land; and
(b)damage to any improvements on the land; and
(c)severance of the land from other land of the owner or occupier; and
(d)loss of amenity, including recreation and conservation values; and
(e)loss of opportunity to make any planned improvement on the land; and
(f)any decrease in the market value of the owner or occupier's interest in the land.".
47Compensation agreement
(1)For section 87(1) of the Principal Act substitute—
"(1)The licensee and the owner or occupier of land to which this section applies may enter into a written agreement as to the amount or kind of compensation payable by the licensee for any loss or damage that has been or will be sustained as a direct, natural and reasonable consequence of the approval of the work plan or the doing of work under the licensee's licence.".
(2)After section 87(2) of the Principal Act insert—
"(2A)A compensation agreement may be about the amount or kind of compensation payable under section 85(1) or (1A).".
(3)After section 87(3) of the Principal Act insert—
"(4)This section applies to private land (whether or not that land is land affected).".
48Limit on total amount of compensation
(1)In section 89(1) of the Principal Act, after "section 85(1)" insert "or (1A)".
(2)In section 89(3) of the Principal Act, after "section 85(1)(e)" insert "or (1A)(b)".
49Regulation making powers—measuring net wet specific energy content of lignite
After section 124(1)(a) of the Principal Act insert—
"(aa)methodologies for measuring the net wet specific energy content of lignite;
(ab)the time at which, and the manner in which, lignite may be sampled for the purpose of measuring the net wet specific energy content of lignite;".
50New section 135A inserted
After section 135 of the Principal Act insert—
"135A Transitional provision—2010 amendments abolishing the Mining and Environment Advisory Committee
On the day section 39 of the Mineral Resources Amendment (Sustainable Development) Act 2010 comes into operation—
(a)the Mining and Environment Advisory Committee is abolished; and
(b)a person holding office as a member of the Mining and Environment Advisory Committee ceases to hold office.".
51Statute law revision
In section 79A(1) of the Principal Act, after "section 78" insert "or 78A".
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Part 4—Amendment of Victorian Energy Efficiency Target Act 2007
52Who may create a certificate
For section 16(3)(a) of the Victorian Energy Efficiency Target Act 2007 substitute—
"(a)by—
(i)written notice; or
(ii)by notice in a manner that is prescribed, in the case of a prescribed activity that is prescribed for the purposes of this subparagraph; and".
53Regulations
After section 75(2) of the Victorian Energy Efficiency Target Act 2007 insert—
"(2A)Regulations made under this Act may, for the purposes of section 16(3)(a)(ii), prescribe, as a manner, a manner that is done before the commencement of section 52 of the Mineral Resources Amendment (Sustainable Development) Act 2010.".
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Part 5—Repeal of Amending Act
54Repeal
This Act is repealed on 1 February 2013.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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EndnoteS
Minister's second reading speech—
Legislative Assembly: 28 July 2010
Legislative Council: 12 August 2010
The long title for the Bill for this Act was "A Bill for an Act to amend the Mineral Resources (Sustainable Development) Act 1990 and the Victorian Energy Efficiency Target Act 2007 and for other purposes."
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