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Mineral Resources Development (Amendment) Act

2000

Act No. 82/2000

TABLE OF PROVISIONS

Section Page

1. Purpose 1
2. Commencement 2
3. Additional objective 2
4. Changes to definitions 3
5. Insertion of section 5A 6

5A. Interaction of this Act with native title legislation 6

6. Land not available for exploration, mining and searching 6
7. Minister's power to exempt land from exploration etc. 7
8. Insertion of sections 7A and 7B 8

7A. Minister may declare meaning of graticular section 8
7B. Ministers may declare low impact exploration activity 8

9. Licence etc. needed to search, explore or mine 8
10. Insertion of section 8A 9

8A. Aerial surveys permitted without licence 9

11. Change concerning royalties 9
12. Exploration licences 10
13. Mining licences 10
14. Changes concerning licence applications 11
15. Minor amendment 14
16. Insertion of new section 19 14

19. Withdrawal of application 15

17. Repeal of relocated provisions 15
18. Substitution of section 23 15

23. Priority of applications 15

19. Grant or refusal of licence 16
20. Insertion of section 25A 16

25A. Waiver of exploration licence holder's consent 16

21. Grant of licence 18
22. Insertion of sections 26A–26E 19

26A. Statement of economic significance if agricultural land

covered by licence 19
26B.

Excision of agricultural land from a licence 20
26C.

Notice of excision dispute 21
26D.

Resolution of excision disputes 22

i

Section Page

26E. Offence to divulge details of a statement of economic

significance 23

23. Substitution of section 27 23

27. Tenders 23

24. Substitution of section 28 24

28. Mining licence grant excises exploration licence land 24

25. Time within which licence renewals to be sought 25
26. Relocation of exploration licence reduction provision 25
27. Change to exploration licence renewal period 25
28. Insertion of sections 33A and 33B 25

33A. Transfer of land from one mining licence to another 25
33B. Mining licence may be split and transferred 27

29. Variation of exploration licence period 28
30. Substitution of section 35 28

35. Combined conditions 29

31. Changes concerning amalgamation of licences 29
32. Insertion of section 36A 30

36A. Expedited procedure for replacement of invalidated title 30

33. Additional licence cancellation grounds 30
34. Insertion of section 38A 32

38A. Decrease in area under exploration licence 32

35. Insertion of sections 38AA–38AD 33
38AA. Boundaries of licence area must be surveyed and marked

out 33

38AB. Authority to enter land 34
38AC. Offence not to show authority 35
38AD. Security 35
38AE. Insurance 36

36. Substitution of section 39 37

39. Work must be approved 37

37. Change concerning work plans 38
38. Substitution of section 41 40

41. Variation of work plan on application of a licensee 40

41AA. Department Head may direct variation of work plan 42

39. Minor consequential amendments 43
40. Changes concerning work authorities 43
41. Insertion of section 42A 45

42A. Planning permits not required for some work variations 45

42. Changes concerning the start of exploration work 46
43. Clarification that planning requirements still apply to unrestricted
Crown land 48
44. Restriction concerning deemed consents 48
45. Protection of buildings and sites 49
46. Consultation in relation to authorisations to mine near protected
areas 51
47. Plan of mine 52

ii

Section Page

48. Substitution of section 47A 52

47A. Management of worksites 52

49. Entitlements under a miner's right 53
50. Obligations of miner's right holders 54
51. Entitlements under a tourist fossicking authority 54
52. Changes concerning the register 55
53. Additional requirement for rehabilitation plan 56
54. Rehabilitation bonds 57
55. Conditions on return of rehabilitation bonds 57
56. Change to bond return period 57
57. Changes concerning compensation 58
58. Insertion of section 85A 58

85A. What compensation is payable for—Crown land 58

59. Insertion of section 88A 60

88A. Determination of disputes—Crown land 60

60. Limit on amount of compensation for loss of amenity 61
61. Change of title 61
62. Substitution of section 93 61

93. Offence to obstruct inspector etc. 61

63. Repeal of Part 10—Mine Managers' Certificates 62
64. Additional powers of the Minister in contravention cases 62
65. Insertion of section 111A 65
111A. Default penalties 65
66. Surveys and drilling operations 65
67. Abandoned plant 66
68. Information supplied by licensees 67
69. Supreme Court—limitation of jurisdiction 67

123. Supreme Court—limitation of jurisdiction 67

70. Regulations 68
71. Insertion of section 130 68

130. Saving and transitional provisions—2000 amendments 68

72. Increase in miscellaneous penalties 68
73. Insertion of Schedule 5 68
74. Repeal of spent Act 71
75. Amendment to the National Parks Act 1975 71

═══════════════

ENDNOTES 72

iii

Victoria

No. 82 of 2000

Mineral Resources Development

(Amendment) Act 2000†

[Assented to 28 November 2000]

The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is—

(a) to amend the Mineral Resources Development Act 1990—
(i) to impose a cap on loss of amenity claims arising from mining operations; and

Mineral Resources Development (Amendment) Act 2000

s. 2	Act No. 82/2000

(ii) to enable the recovery of compensation for the use of Crown land in mining operations; and
(iii) to modify the operation of the "100 metre rule" in relation to the protection of significant buildings and sites; and

(iv)
to modify the licence application approval to start mining operations; and
(v) to give recognition to the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994; and
(vi) to generally improve the operation of that Act; and

(b)

to make a consequential amendment to the National Parks Act 1975.

2. Commencement
(1) This section and sections 1, 60 and 69 come into operation on the day after the day on which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remainder of this
Act comes into operation on a day to be proclaimed.
(3) If the remainder of this Act does not come into operation before 1 January 2002, it comes into operation on that day.

3. Additional objective
After section 2(1)(b) of the Mineral Resources
Development Act 1990 insert—
"; and

(c)

to recognise that the exploration for, and mining of, mineral resources must be carried out in a way that is not inconsistent with the

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 4
Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994.".

4. Changes to definitions
In section 4(1) of the Mineral Resources
Development Act 1990—

(a) insert the following definitions—
' "Director of Mines" means the Director of
Mines employed under section
90(1)(a);

"low impact exploration" means—
(a) exploring for minerals on land—

(i) without using equipment
(other than non-mechanical
hand tools) to excavate on
the land; and
(ii) without using explosives on
the land; and

(iii) without removing or
damaging any tree or shrub
on the land; and
(iv) without disturbing any
Aboriginal place or
Aboriginal object on the
land; and
(v) without disturbing any place
or object on the Victorian
Heritage Register, or any
archaeological site or relic
included on the Heritage
Inventory, under the
Heritage Act 1995; or

Mineral Resources Development (Amendment) Act 2000

s. 4	Act No. 82/2000

(b) undertaking any other exploration activity that is declared to be low impact exploration under
section 7B;
"work authority" means an authority

granted under section 42 to the holder
of a mining licence;';

(b)

in the definition of "Aboriginal place", omit "(as amended and in force from time to time)";
(c) in the definition of "accident"—
(i) after "work" insert "under a licence";
(ii) for paragraph (a) substitute— "(a) resulting in serious injury or loss
of life, or having the potential to result in serious injury or loss of life; or";

(iii) after paragraph (f) insert—

"; or

(g)
the environment, or having the
resulting in detrimental effects to effects to the environment;";

(d)

the definitions of "authority to commence work" and "chief mining inspector" are repealed;
(e) in the definition of "dispute"—
(i) in paragraph (a), omit "a member of the public,";

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 4
(ii) after paragraph (e) insert—

"; or

(ea) a member of the public and the
Department Head (or an employee
of the Department) in relation to
work under a licence that directly
and substantially affects, or is
likely to affect, the member of the
public—";

(f)
for the definition of "graticular section" ' "graticular section"—

(a)

means the 1000 metre interval block based on the Australian Geodetic Datum 1966, as shown
on the National Topographic Map
Series published by the National
Mapping Council; or

(b)

if a notice under section 7A applies, has the meaning it has as specified by, or under, that notice;';

(g)

in the definition of "land affected", after "to work" insert "under a licence";
(h) the definition of "registrar" is repealed;
(i) for the definition of "tailings" substitute— ' "tailings" means any waste mineral, stone
or other material that was produced
during the course of mining (whether
before or after 6 November 1991), and
includes any mineral, stone or material
that is or was discarded from plant or
machinery used for extracting
minerals;';

Mineral Resources Development (Amendment) Act 2000

s. 5	Act No. 82/2000

(j) the definition of "work" is repealed;

(k)

for the definition of "worksite" substitute— ' ''worksite" means any place where work is
being done under a licence, a miner's
right, a tourist fossicking authority or a
tourist mine authority.'.

5. Insertion of section 5A
After section 5 of the Mineral Resources
Development Act 1990 insert—
'5A. Interaction of this Act with native title
legislation
(1) Any action taken under this Act must be

taken in a way that is not inconsistent with
the Native Title Act 1993 of the
Commonwealth and the Land Titles
Validation Act 1994.

(2) Subject to sub-section (1), it is declared that if native title exists over land, the land may still be dealt with under this Act.
(3) In this section, "action" includes—

(a) the granting of a licence, permit, right or authority;
(b) undertaking any exploration, searching
or mining.'.
6. Land not available for exploration, mining and searching
(1) For sections 6(c) and (d) of the Mineral
Resources Development Act 1990 substitute—
"(c) land that is an Aboriginal area or place to the
extent of the terms of a permanent
declaration under section 10 or 21E of the
Aboriginal and Torres Strait Islander

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 7
Heritage Protection Act 1984 of the
Commonwealth;

(d) land that is a permanent archaeological area under section 15 of the Archaeological and Aboriginal Relics Preservation Act 1972;".

(2) At the end of section 6 of the Mineral Resources

Development Act 1990 insert—
"(2) Despite sub-section (1)(b), any area of a park

that is the subject of a notice under section 32D(1) of the National Parks Act 1975 is not exempted from being subject to a miner's
right or a tourist fossicking authority to the
extent that any activity permitted under such
a right or authority is consistent with an
authorisation under section 32D(2)(b) of that
Act in the area designated by the notice.".

7. Minister's power to exempt land from exploration etc.

(1) In section 7 of the Mineral Resources

Development Act 1990—

(a) in sub-section (1), after "Minister may" insert ", by writing signed by him or her,";
(b) after sub-section (2)(b) insert— "(c) if, in the Minister's opinion, the
exemption is necessary to enable the orderly and optimal development of mineral resources in Victoria.".

(2) After section 7(5) of the Mineral Resources

Development Act 1990 insert—
"(6) The Minister may state in a notice revoking

an exemption that the land that was the
subject of the exemption is to become
available for one or more licences on or after
the date specified in the notice by the
Minister.

Mineral Resources Development (Amendment) Act 2000

s. 8	Act No. 82/2000

(7) The Minister must ensure that a copy of the revocation of an exemption is lodged in the mining register.".

8. Insertion of sections 7A and 7B
After section 7 of the Mineral Resources
Development Act 1990 insert—
"7A. Minister may declare meaning of graticular
section
(1) The Minister may from time to time, by

notice published in the Government Gazette,
declare the meaning of a graticular section
for the purposes of this Act.

(2) In making a declaration, the Minister may

apply, adopt or incorporate (with or without
modification) any matter contained in any
document as at the time the declaration is
made or at any time before then.

7B. Ministers may declare low impact
exploration activity
The Minister and the Minister administering the Conservation, Forests and Lands Act 1987 may from time to time, by notice published in the Government Gazette, jointly declare an exploration activity to be low impact exploration for the purposes of this Act.".

9. Licence etc. needed to search, explore or mine For section 8(1) of the Mineral Resources Development Act 1990 substitute—
"(1) A person, other than the Crown, must not prospect, fossick or otherwise search for minerals, or carry out any exploration or mining, on any land unless—

Mineral Resources Development (Amendment) Act 2000

s. 10
s. 11

Act No. 82/2000

(a)

the person does so in accordance with a licence, a miner's right, a tourist fossicking authority or a tourist mine authority; or

(b)

the person benefits from a relevant minerals exemption.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
Default penalty:

In the case of a corporation, units.".
20 penalty units.

10. Insertion of section 8A
After section 8 of the Mineral Resources
Development Act 1990 insert—
"8A. Aerial surveys permitted without licence
(1) A person may undertake an aerial survey for
the purpose of searching for minerals, or doing work preparatory to the search for minerals, without holding the authorisation
required by section 8 if the person complies
with sub-section (2).
(2) The person must supply any information

acquired during the course of the survey as if
section 116 applied to the person and as if
the survey was work done under a licence.

(3) A person conducting an aerial survey in

accordance with this section may survey land
covered by licences held by other people.".

11. Change concerning royalties
Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000

In section 12(2) of the Mineral Resources
Development Act 1990—
(a) omit "of tailings"; and

(b)

after "under section 14(2)(b)" insert "of tailings resulting from work under a licence over Crown land".

12. Exploration licences
(1) For section 13(3)(a) of the Mineral Resources

Development Act 1990 substitute—
"(a) is current for the time specified in the licence

(unless it is surrendered or cancelled earlier or unless this Act otherwise provides); and".
(2) After section 13(3) of the Mineral Resources

Development Act 1990 insert—
"(4) In issuing an exploration licence, the

Minister may specify on the licence that it is to remain current for a period of up to 5 years from the date on which it is registered.".

13. Mining licences
(1) In section 14(1) of the Mineral Resources
Development Act 1990, for "an authority to commence work" substitute "a work authority".
(2) After section 14(4) of the Mineral Resources

Development Act 1990 insert—
"(5) A mining licence that covers an area of more

than 5 hectares does not entitle the holder of
the licence to only explore for minerals
during the currency of the licence.

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 14
(6) However, the Minister may, by notice in

writing, authorise the holder of such a
mining licence to only explore for minerals
for a specified period of up to 2 years.".

14. Changes concerning licence applications
(1) In section 15(1A) of the Mineral Resources Development Act 1990—

(a)

for paragraph (c)(ii) substitute— "(ii) the application is accompanied by the
written consent of the holder of the
exploration licence to the granting of
the licence; or
(iii) both of the following apply— (A) the area of the land for which the
mining licence is to be sought is
5 hectares or less; and

(B) the exploration licence was first

registered more than 2 years
before the application was lodged;
or";

(b)

for paragraph (d) substitute— "(d) a licence over land in respect of which
an application for a licence has already
been made (unless the application is
made on the same day as the other
application); or";

(c) after paragraph (e) insert—

"; or

(f)

a licence over land that is the subject of an exemption under section 6 or 7; or

Mineral Resources Development (Amendment) Act 2000

s. 14

Act No. 82/2000

(g) a mining licence over land that is more than 260 hectares in area unless the land is covered by an exploration licence and either—
(i) the applicant is the holder of the exploration licence; or

a licence over land that was covered by a previous licence if the application is lodged less than 28 days after the previous licence ceased to apply to the land; or the application is accompanied by of the exploration licence to the granting of the licence; or
(ii)

(h)
(i) a licence over land that was the subject of a previous application if the application is lodged less than 28 days after the previous application lapsed, or was withdrawn, rejected or not accepted.".

(2) After section 15(1B) of the Mineral Resources Development Act 1990 insert—
"(1C) An application for a licence is ineffective,
and must not be accepted by the Minister, if it does not contain all of the details required by the regulations for an application for that type of licence.

(1D) For the purpose of determining whether an application falls within a category listed in sub-section (1A), the Minister may ask the applicant to provide additional information about the application (but only if that

information is not information that was
required by the regulations).

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 14
(1E) The request for the additional information must be made in writing and may specify a time within which the information is to be given to the Minister.
(1F) If, in asking for additional information, the
Minister specified a period within which the information was to be given, the application lapses if—

(a) the information is not given to the Minister within the time specified by the Minister in making the request (or within any later time subsequently allowed by the Minister in writing); and
(b) the Minister has not withdrawn the request for the information within the times referred to in paragraph (a).

(1G) If, in asking for additional information, the Minister did not specify a period within which the information was to be given, the application lapses if the information is not given to the Minister within 6 months after the request was made (unless the Minister withdraws the request within that time).".
(3) For sections 15(2) and (3) of the Mineral

Resources Development Act 1990 substitute—
"(2) If the Minister does not accept an

application, he or she must notify the
applicant in writing that the application has
not been accepted and must include in the
notification details of the reasons why it was
not accepted.
(3) If the Minister accepts an application, he or she must notify the applicant in writing that the application has been accepted, and must include in the notification—

Mineral Resources Development (Amendment) Act 2000

s. 15

s. 16

Act No. 82/2000

(a)
application has a lower priority than
if, because of section 23, the another application has priority; or

(b) in any other case, a statement that the application has priority.".
(4) For sections 15(8) and (9) of the Mineral

Resources Development Act 1990 substitute—
"(8) If the Minister asks for additional

information about an application, the
application lapses if—

(a) the information is not given to the Minister within the time required by sub-section (7); and
(b) the Minister has not withdrawn the request for the information within that time.
(9) In consenting to the granting of a mining

licence over land that is covered by an
exploration licence, the holder of the
exploration licence may make the consent
conditional on specified depth restrictions.".

(5) Sections 15(10) to (19) of the Mineral Resources
Development Act 1990 are repealed.
(6) Section 16 of the Mineral Resources
Development Act 1990 is repealed.

15. Minor amendment
In section 18(b) of the Mineral Resources in force from time to time)".

16. Insertion of new section 19
Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000

After section 18 of the Mineral Resources
Development Act 1990 insert—
"19. Withdrawal of application
(1) An applicant for a licence may withdraw the

application, either in whole or in part, by
delivering a signed notice of withdrawal to
the Minister.

(2) A withdrawal takes effect on the delivery of

the notice to the principal office of the
Department Head.".

17. Repeal of relocated provisions
Sections 19 to 22 of the Mineral Resources
Development Act 1990 are repealed.

18. Substitution of section 23
For section 23 of the Mineral Resources
Development Act 1990 substitute—
"23. Priority of applications
(1) If more than one application for a licence in

respect of the same land is received on the
same day, the Minister must assign an order
of priority to those applications.

(2) The Minister must assign the highest priority to the application that he or she believes will best further the objectives of this Act after
considering—

(a) the relative merits of the applications; and
(b) the likely ability of each applicant to meet the requirements specified in section 15(6).
(3) Once an application has been assigned the highest priority, any further assessment of the application must be made without regard

Mineral Resources Development (Amendment) Act 2000

s. 19

Act No. 82/2000

to anything contained in applications having
a lower priority.".

19. Grant or refusal of licence
In section 25 of the Mineral Resources
Development Act 1990—

(a) for sub-section (1)(b)(ii) substitute— "(ii) all of the following conditions apply—
(A) the area of the land for which the mining licence is to be sought is 5 hectares or less; and
(B) the exploration licence was first

registered more than 2 years
before the application was lodged;
and

(C) the Minister has waived the need

for the exploration licence holder's
consent under section 25A; or";

(b) sub-sections (1)(h) and (3A) are repealed;

(c)
in sub-section (1)(c), for "section 16" 25A".

20. Insertion of section 25A
After section 25 of the Mineral Resources
Development Act 1990 insert—
"25A. Waiver of exploration licence holder's
consent

(1) This section applies if—

(a)

a person applies for a mining licence over land that is covered by an exploration licence; and

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 20

(b)

the area of the land for which the mining licence is to be sought is 5 hectares or less; and

(c)

the exploration licence was first registered more than 2 years before the application was lodged; and

(d)

the person is unable or unwilling to obtain the written consent of the holder of the exploration licence to the granting of the licence.
(2) The person may apply to the Minister for the
Minister to waive the need for the person to obtain the exploration licence holder's consent to the granting of the licence.
(3) An application must be made in the form and manner required by the Minister.
(4) On the receipt of an application for waiver,

the Minister must assess whether the
granting of the mining licence would mean
that the limit imposed by section 25(1)(c)(i)
or (ii) would be exceeded.

(5) If the Minister determines that the limit

would not be exceeded, the Minister must
refer the application for waiver to the mining
warden for a recommendation as to whether
the Minister should grant the waiver.

(6) The mining warden must, within 30 days

after receiving a referral, make a
recommendation to the Minister about
whether or not the Minister should grant the
waiver.

(7) The mining warden must not recommend that the Minister grant a waiver unless the mining warden is satisfied that the granting
of the application for the licence—

Mineral Resources Development (Amendment) Act 2000

s. 21

Act No. 82/2000

(a) would not be likely to significantly interfere with any work being, or proposed to be, carried out by the exploration licence holder; and
(b) would not be unfair to the exploration licence holder; and
(c) would not otherwise be inappropriate. (8) In making a recommendation, the mining
warden may propose specified depth
restrictions that should be applied if the
licence is granted.
(9) Before granting a waiver, the Minister must

consider the recommendation made by the
mining warden.".

21. Grant of licence
(1) Sections 26(2)(d), (5), (6) and (7) of the Mineral
Resources Development Act 1990 are repealed.
(2) After section 26(2)(h) of the Mineral Resources
Development Act 1990 insert—
"(ha) payment of an environmental levy;".
(3) For section 26(3) of the Mineral Resources

Development Act 1990 substitute—
"(3) The Minister must impose, as conditions to

which a licence is subject, any conditions
subject to which consent to the application
for the licence was obtained under section
15(9).
(3A) If the Minister has granted a waiver under section 25A, the Minister may impose, as conditions to which the licence is subject, any conditions relating to specified depth restrictions that were recommended under

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 22
section 25A(8) with respect to the granting
of the licence.".

(4) In section 26(4) of the Mineral Resources
Development Act 1990, for "authority to commence work" substitute "work authority".
(5) After section 26(4) of the Mineral Resources Development Act 1990 insert—
"(4A) It is a condition of a mining licence that, in providing a document to the Minister under section 116, the licensee must give the
Crown a licence to reproduce the document and any information in the document.".

22. Insertion of sections 26A–26E
After section 26 of the Mineral Resources
Development Act 1990 insert—
"26A. Statement of economic significance if agricultural land covered by licence
(1) This section applies if a licensee holding a mining licence that covers agricultural land that is not owned by the licensee proposes to
carry out work on that land.
(2) The licensee must prepare a statement of the economic significance of the work—

(a)
benefits to Victoria of the proposed
that contains an assessment of the revenue considerations; and

(b) that contains an assessment of those benefits if it was not possible to do the work on the agricultural land.
(3) The assessment required by sub-section

(2)(b) must be made with respect to each
separately owned or occupied property that
comprises the agricultural land.

Mineral Resources Development (Amendment) Act 2000

s. 22

Act No. 82/2000

(4) The licensee must give the statement of

economic significance to the owners and
occupiers of the agricultural land—

(a)

if the proposed work forms part of the work proposed to be carried out under the licensee's initial work plan, no later than—

(i)
6 months after the date the licence had been granted; or
(ii) the date the licensee lodges the work plan under section 40(1)—

whichever is the earlier;

(b)

in any other case, no later than the date the licensee lodges the relevant variation of the work plan under section 41.
26B. Excision of agricultural land from a licence
(1) On the application of an owner or occupier

of agricultural land, the Minister must excise
the land from the area covered by a mining
licence if—

(a) the licensee consents to the excision; or

(b) the Minister decides, in accordance with section 26D, that there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence.
(2) An application for excision must be made to

the Minister in writing within 30 days after
the owner or occupier receives a copy of the

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 22
statement of economic significance provided
in relation to the land.
(3) The application must include—

(a) an assessment of the benefits to Victoria in continuing the use of the land as agricultural land; and
(b)
contained in the statement of economic
significance, details of the matters the
if the owner disputes anything why the owner disputes those matters.

(4) The owner must also give a copy of the

application to the licensee within the 30 days
referred to in sub-section (2).

26C. Notice of excision dispute

(1) If the licensee wishes to dispute an
application for excision, the licensee must
give a notice of dispute to—
(a) the Minister; and

(b)

the person applying for the excision; and

(c)

the President of the Australian Institute of Valuers and Land Economists—
within 30 days after receiving the copy of the
application.
(2) The notice of dispute must include details of

the matters in the application that the
licensee disputes, including the reasons why
the licensee disputes those matters.

(3) The licensee is deemed to consent to the

excision of the land that is the subject of the
application if the licensee does not give a

Mineral Resources Development (Amendment) Act 2000

s. 22

Act No. 82/2000

notice of dispute to the people specified in sub-section (1) within the time required by that sub-section.

26D. Resolution of excision disputes

(1) As soon as possible after receiving notice of a dispute under section 26C, the President of the Australian Institute of Valuers and Land Economists must appoint a person who is
appropriately qualified, in the President's
opinion, to act as an independent expert to
consider the application.
(2) The independent expert must consider the

application, the statement of economic
significance, the notice of dispute and any
other material submitted to the expert within
any time specified by the expert.

(3) Within 60 days after her or his appointment,

the independent expert must make a
recommendation to the Minister, supported
by reasons, in relation to the dispute.

(4) The Minister must consider the
recommendation and decide whether there agricultural land than in carrying out the work proposed to be carried out on that land under the licence.
would be greater economic benefit to
(5) The President of the Australian Institute of
Valuers and Land Economists, after considering the advice of the independent expert, may direct the licensee or the person who applied for the excision to pay the whole or any part of the reasonable fees and expenses of the independent expert.

Mineral Resources Development (Amendment) Act 2000

s. 22
s. 23

Act No. 82/2000

(6) A direction under sub-section (5) creates a debt due to the independent expert.
26E. Offence to divulge details of a statement of economic significance
(1) A person who is given a copy of—

(a) a statement of economic significance prepared under section 26A; or
(b) an assessment prepared under section 26B—
must not divulge or communicate to any person (other than a professional advisor retained by the person) or publish any
information contained in the statement or
assessment unless the divulgence,
communication or publication is made with
the written consent of the person on whose
behalf the statement or assessment was
prepared.
Penalty: 100 penalty units.
(2) A professional advisor to whom any
information is divulged or communicated under sub-section (1) must not divulge or communicate that information to any other
person, or publish it.
Penalty: 100 penalty units.".

23. Substitution of section 27
For section 27 of the Mineral Resources
Development Act 1990 substitute—
"27. Tenders
(1) The Minister may invite tenders for a licence

over land that is not the subject of a licence
or an application for a licence.

Mineral Resources Development (Amendment) Act 2000

s. 24

Act No. 82/2000

(2) A tender for a licence is ineffective if it does
not contain the information required by the regulations for the purposes of this section.
(3) The Minister must not grant a licence to a
person who has submitted a tender unless the Minister is satisfied that the person meets the requirements listed in section 15(6).
(4) The Minister may decide not to accept any tenders that are submitted in response to an invitation under this section.
(5) If the Minister decides not to accept any
tender, he or she may invite further tenders or decide not to call for any more tenders in relation to that land.
(6) If the Minister decides not to call for any more tenders in relation to that land, he or she must—

(a)

notify the unsuccessful tenderers that further tenders will not be invited; and

(b)

declare by notice published in the Government Gazette that the land is available for applications for licences.".

24. Substitution of section 28
For section 28 of the Mineral Resources
Development Act 1990 substitute—
"28. Mining licence grant excises exploration
licence land
On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration,

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 28
covered by an exploration licence ceases to
be covered by that exploration licence.".

25. Time within which licence renewals to be sought

In section 29(1) of the Mineral Resources substitute "1 month".

26. Relocation of exploration licence reduction provision
Section 30 of the Mineral Resources Development Act 1990 is repealed.

27. Change to exploration licence renewal period

For section 32(2) of the Mineral Resources
Development Act 1990 substitute—
"(2) The Minister may renew an exploration
licence for a period of up to 5 years—

(a)

if he or she is satisfied that the licensee has identified minerals in the land covered by the licence and that—

(i)
additional time is necessary to mining those minerals; or
(ii) it is not at present economically viable to mine those minerals but it may become so in the future; or

(b) for any other reason.".

28. Insertion of sections 33A and 33B
After section 33 of the Mineral Resources
Development Act 1990 insert—
'33A. Transfer of land from one mining licence to
another
(1) The holder of a mining licence may transfer an area of land covered by the holder's

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000

licence to the holder of another mining
licence.
(2) Such a transfer may only be made—
(a) with the approval of the Minister; and

(b) in the manner and form specified by the Minister; and
(c) if the land to be transferred adjoins the land covered by the licence to which the land is to be transferred; and
(d) if the conditions applying to, and the remaining currency of, the 2 licences are substantially the same; and
(e)
arrangements have been made to
if the Minister is satisfied that adequate bond that applies to the land.

(3) The Minister must not approve a transfer
under this section unless the Minister is satisfied that the transfer is necessary to ensure that work can be undertaken on the
land.
(4) A transfer has no effect until evidence of the

transfer and the Minister's approval is
registered.

(5) The holder of the licence to which land has been transferred must give written notice of the transfer to the owners of the land.
(6) On a transfer taking effect—

(a)

any licence conditions that applied to the transferred land cease to apply; and

(b)

the transferred land is subject to the licence conditions that apply to the

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 28
licence to which the land has been
transferred; and

(c)

the transferred land becomes part of the land covered by that licence.

33B. Mining licence may be split and transferred
(1) This section applies if the holder of a mining
licence wishes to transfer an area of land covered by the holder's licence to another person ("the transferee"), but is not able to do so under section 33A.
(2) The holder may apply to the Minister to have
the land severed from the holder's licence and made the subject of a separate licence that is subject to the same conditions, and that will have the same currency, as the
holder's licence.
(3) The application must be made in the manner and form specified by the Minister.
(4) The Minister must not approve an
application under this section unless the
Minister is satisfied—

(a) that the severance is necessary to ensure that work can be undertaken on the land; and
(b)
that the transferee satisfies the and

(c)
that adequate arrangements have been rehabilitation bond that applies to the land.

(5) In approving an application, the Minister is

to be taken as granting the licence in relation
to the severed land to the transferee.

Mineral Resources Development (Amendment) Act 2000

s. 29

s. 30

Act No. 82/2000

(6) On registration of the licence in relation to the severed land—

(a) the transferee becomes the holder of the licence; and
(b) the licence is subject to the same conditions, and has the same currency, as the licence that applied to the land that was severed before the severance; and
(c) the transferee has all the rights, and is subject to the same obligations, applying under the licence.
(7) The transferee must give written notice of the change of licensee to the owners of the land.'.

29. Variation of exploration licence period
(1) In section 34(1) of the Mineral Resources
Development Act 1990, after "period for which a" insert "mining".
(2) After section 34(1) of the Mineral Resources Development Act 1990 insert—
"(1A) Despite sub-section (1), the Minister may

only vary the period for which an
exploration licence has effect for the purpose
of more readily enabling the amalgamation
of that licence with an adjoining licence.".

(3) After section 34(2) of the Mineral Resources Development Act 1990 insert—
"(2A) The Minister may act under sub-section (1A)

at the request of the licensee or on the
Minister's own initiative.".

30. Substitution of section 35
Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000

For section 35 of the Mineral Resources
Development Act 1990 substitute—
"35. Combined conditions
(1) The Minister may treat 2 or more licences of

the same type held by the same person as a
single licence over the combined areas
covered by the licences for the purpose of
determining whether conditions of any of
those licences about expenditure have been
complied with.

(2) The Minister may do this—
(a) at the request of the licensee; or

(b) on the Minister's own initiative, after consultation with the licensee.
(3) It is not necessary that areas combined for

the purposes of this section adjoin each
other.".

31. Changes concerning amalgamation of licences
(1) In section 36(1) of the Mineral Resources
Development Act 1990, omit "at the request of the licensee and".
(2) After section 36(2) of the Mineral Resources Development Act 1990 insert—
"(2A) The Minister may act under this section—
(a) at the request of the licensee; or

(b) on the Minister's own initiative, after consultation with the licensee.".

(3) After section 36(4) of the Mineral Resources

Development Act 1990 insert—
"(5) If one of the licences amalgamated under

this section was a mining lease under the

Mineral Resources Development (Amendment) Act 2000

s. 32

s. 33

Act No. 82/2000

Mines Act 1958 that became a mining licence as a result of section 129, for the remainder of the term for which the licence remains current the rental payable for the amalgamated licence is the sum of the amounts that would have been payable for each of the amalgamated licences had they not been amalgamated.".

32. Insertion of section 36A
After section 36 of the Mineral Resources
Development Act 1990 insert—
"36A. Expedited procedure for replacement of
invalidated title

(1) This section applies if—

(a) a court or tribunal finds a licence to be wholly or partly invalid and the invalidity stems from circumstances that were beyond the control of the holder of the licence; and
(b) the person who held the licence applies within 60 days after the finding to the Minister for the grant of a licence of the same type for all or part of the land covered by the former licence.
(2) The Minister may grant the licence to the

person without the need to comply with any
procedural requirement that would usually
apply to the grant of such a licence.

(3) In granting a licence under this section, the

Minister may impose any conditions the licence.".

33. Additional licence cancellation grounds
Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000

(1) In section 38(1)(b) of the Mineral Resources Development Act 1990—
(a) omit "the licensee";

(b)

in sub-paragraphs (i) to (v), before "has" insert "the licensee";

(c)

in sub-paragraph (vi), before "subject" insert "the licensee";
(d) after sub-paragraph (vi) insert—
"; or
(vii) the area covered by the licence is depleted of minerals to the extent that it is no longer feasible to mine that area; or
(viii) 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.".

(2) In section 38(1A) of the Mineral Resources Development Act 1990, omit "25(3A),".
(3) In section 38(1B)(a) of the Mineral Resources

Development Act 1990, for "an authority to
commence work" (wherever occurring) substitute
"a work authority".

(4) After section 38(2) of the Mineral Resources Development Act 1990 insert—
"(2A) The Minister must, by instrument served on

the licensee, cancel a mining licence if a
work authority is not granted for that licence
within 18 months after the date the grant of
the licence is registered, unless the Minister
is satisfied that—

(a)

the licensee has been unable to obtain the consents and authorities needed to

Mineral Resources Development (Amendment) Act 2000

s. 34	Act No. 82/2000
enable the grant of the work authority, despite genuine attempts to do so; or

(b)

exceptional circumstances exist that have been instrumental in precluding the grant of the work authority.".

34. Insertion of section 38A
After section 38 of the Mineral Resources
Development Act 1990 insert—
"38A. Decrease in area under exploration licence

(1) On the second anniversary of the initial

registration of an exploration licence, the otherwise, cancel the licence in relation to at least 25% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence.

(2) On the fourth anniversary of the initial
registration of an exploration licence, the otherwise, cancel the licence in relation to at least a further 35% 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.
(3) The areas in relation to which a licence is to be cancelled under this section—

(a) are to be those identified by the licensee in a notice given to the Minister at least 30 days before the
relevant anniversary; or

(b)

in the absence of such a notice, are to be chosen by the Minister.

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 35
(4) At least 60 days before the relevant
anniversary, the Minister must give the
licensee a written notice inviting the licensee
to nominate the areas to be cancelled under
this section (unless the Minister does not
intend to cancel any area in relation to the
licence).
(5) In calculating the area to be cancelled—

(a)

any part of a graticular section covered by the licence, and any fraction of a graticular section that remains after calculating the area to be cancelled, must be treated as a whole graticular section; and

(b)

if the licensee holds 2 or more exploration licences with a common expiry date over adjoining areas, the combined areas covered by the licences may, at the Minister's discretion, be treated as a single area.".

35. Insertion of sections 38AA–38AD
After the heading to Part 3 of the Mineral
Resources Development Act 1990 insert—
'38AA. Boundaries of licence area must be surveyed and marked out
(1) The holder of a mining licence must survey

and mark out the boundaries of the land
covered by the licence in the manner, and
within the time, required by the regulations.

Penalty: 50 penalty units.
(2) The purpose of the survey and marking out is to ensure that the boundaries of the area to

Mineral Resources Development (Amendment) Act 2000

s. 35

Act No. 82/2000

which the licence applies are readily ascertainable by a person in the area.
(3) A licensee is not entitled to enter land for the

purpose of surveying or marking out
boundaries as required by sub-section (1),
unless—

(a) the licensee—

(i) has, in the case of private or native title land, the written consent of the owner or occupier
of the land to the entry; or

(ii)
has, in the case of occupied the occupier of the land to the entry; or

(iii)
Crown land, given the person
responsible for the management of
has, in the case of any other intended entry; or

(b)
the Department Head grants an under section 38AB.

(4) For the purposes of sub-section (3),
"occupied Crown land" means any Crown
land on which a person is undertaking an
activity that is authorised by a lease, licence,
permit or other authority granted in respect
of that land by, or under, an Act.

38AB. Authority to enter land
(1) The Department Head may grant to a
licensee an authority to enter land for the purposes of section 38AA if he or she is

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 35
satisfied that the licensee has made
reasonable attempts to obtain the consent of
the owner or occupier and—

(a) the applicant has been unable to contact the owner or occupier; or
(b) the owner or occupier has refused or failed to consent.
(2) A person does not trespass on land only because the person exercises reasonable access to the land—

(a) in accordance with an authority to enter the land; and
(b) for the purpose of surveying or marking out the boundaries of the land covered by the mining licence.
(3) An authority to enter land expires if either of the following occurs—

(a)

a work authority over the land is registered; or
(b) the licence ceases to have effect.
(4) The Department Head must serve on the

owner and occupier of land a copy of any
authority that is granted to enter the land as
soon as is practicable after the authority is
granted.

38AC. Offence not to show authority

A person who enters land under an authority
to enter land must comply with any request
made by the owner or occupier of the land to
be shown a copy of the authority.
Penalty: 10 penalty units.
38AD. Security

Mineral Resources Development (Amendment) Act 2000

s. 35

Act No. 82/2000

(1) The Department Head must, before granting an authority to enter land, require a licensee to provide a security, of an amount and kind specified by the Department Head, against
the risk of damage to the property of the
owner or occupier of the land as a result of
the licensee's entry on to, or activities on, the
land.

(2) The Department Head—

(a)

may use the security, or part of it, to compensate the owner or occupier for any damage resulting from that entry or those activities; and

(b)

must return the balance of the security to the licensee no later than 30 days after the day on which the authority lapses or is withdrawn.
38AE. Insurance
A licensee must not enter any land, or carry
out any surveying or marking out, for the
purposes of section 38AA unless the licensee
is insured for an amount determined by the
Department Head against any risk that might
arise if the owner or occupier of the land
were to sustain a personal injury as a result of the licensee's entry on to, or activities on, the land.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
Default penalty:
In the case of a corporation,
20 penalty units.

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 36
In any other case, 10 penalty units.'.

36. Substitution of section 39
For section 39 of the Mineral Resources
Development Act 1990 substitute—
"39. Work must be approved
(1) A person, other than the Crown, must not do any work under a licence otherwise than—
(a) in accordance with the licence; or
(b) as authorised by a minerals exemption.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
(2) A licensee and the manager of a worksite must comply with this Act and the
regulations in doing any work under the
licence.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
(3) The holder of a mining licence must not do

work under a licence unless a work authority
applying to that work is in effect.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
(4) Despite sub-section (3), the holder may do

the following work without a work
authority—

Mineral Resources Development (Amendment) Act 2000

s. 36

s. 37

Act No. 82/2000

(a)
exploration work, but only if, in complies with the requirements listed in sections 43(1)(a) to (e);

(b) low impact exploration work but only if, in relation to that work, the licensee complies with the requirements listed in
sections 43(1)(b) to (e).

(5) A licensee must not do work under the
licence unless the licensee is insured under a policy of public liability insurance in respect of the doing of that work for an amount
determined by the Department Head.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
(6) A person who is convicted of an offence

against this section is also liable to the
following default penalty—

(a)

in the case of a corporation, 20 penalty units;
(b) in any other case, 10 penalty units.".

37. Change concerning work plans
(1) In section 40(1) of the Mineral Resources

Development Act 1990, after "work" insert
"under the licence".

(2) After section 40(1) of the Mineral Resources Development Act 1990 insert—
"(1A) This section does not apply to low impact

exploration work.".

(3) After section 40(2) of the Mineral Resources Development Act 1990 insert—

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 37
"(2AA) A licensee—

(a) who holds a mining licence that covers an area of 5 hectares or less; and
(b) who does not propose to do any work on agricultural land—
may, instead of lodging a work plan, lodge a notice with the Department Head electing to have the work program that the licensee
submitted as part of the application for the licence to be considered to be the licensee's work plan.".

(4) For section 40(4) of the Mineral Resources

Development Act 1990 substitute—
"(4) The Department Head must give a licensee a

written notice approving, refusing to
approve, or asking for changes to, a work
plan within 30 days after the last of any of
these events that are applicable—

(a) the licensee notifying the Department Head that all required planning approvals have been granted (other than any permit that it is not necessary to obtain as a result of section 42(7));
(b) the Minister administering the
Environment Effects Act 1978
submitting an assessment to the
Minister under section 42(7);
(c)
the granting or refusal of any to the licence;

(d) the Minister notifying the Department Head that he or she has considered any comments received under section
41A(2);

Mineral Resources Development (Amendment) Act 2000

s. 38

Act No. 82/2000

(e)
the Ministers administering the Crown Forests Act 1958 giving the Minister comments under section 40(3A);

(f) the lodging of the work plan.
(5) The Department Head must not approve a

work plan before the events described in
sub-sections (4)(a), (b), (c), (d) and (e) occur
(if applicable).

(6) In approving a work plan, the Department
Head may specify that certain conditions must be observed by the licensee in carrying out the work plan.
(7) If the Department Head asks for changes to

be made to a work plan, sub-section (4)
applies to the revised work plan as if it was
the original work plan.

(8) If the Minister administering the
Environment Effects Act 1978 submits an assessment under section 42(7), the Department Head must give a copy of the work plan to that Minister at least 10 days before approving the plan.".

38. Substitution of section 41
For section 41 of the Mineral Resources
Development Act 1990 substitute—
"41. Variation of work plan on application of a
licensee
(1) The Department Head may approve the

variation of an approved work plan on the
written application of the licensee.

(2) The application must contain the information required by the regulations.

Mineral Resources Development (Amendment) Act 2000
Act No. 82/2000

(3) The Department Head must give a licensee a written notice approving, refusing to approve, or asking for changes to, the variation of a work plan within 30 days after
the last of any of these events that are
applicable—

(a) the licensee notifying the Department Head that all required planning approvals have been granted (other than any permit that it is not necessary to obtain as a result of section 42A);
(b)
Environment Effects Act 1978
submitting an assessment to the
the Minister administering the 42A;

(c)
the granting or refusal of any to the licence;

(d) the Minister notifying the Department Head that he or she has considered any comments received under section
41A(2);

(e)
the Ministers administering the Crown Forests Act 1958 giving the Minister comments under section 40(3A);

(f) the lodging of the application for approval.
(4) The Department Head must not approve the

variation of a work plan before the events
described in sub-sections (3)(a), (b), (c), (d)
and (e) occur (if applicable).

(5) In approving the variation of a work plan, the Department Head may specify that

Mineral Resources Development (Amendment) Act 2000

s. 38

Act No. 82/2000

certain conditions must be observed by the
licensee in carrying out the work plan.
(6) If the Department Head asks for changes to

be made to an application for the variation of
a work plan, sub-section (4) applies to the
revised application as if it was the original
application.

(7) If the Minister administering the
Environment Effects Act 1978 submits an assessment under section 42(7) or 42A, the Department Head must give a copy of the
proposed variation to that Minister at least
10 days before approving the variation.
(8) Once notice of approval of a variation has

been given to the licensee, the approved
work plan for the work authority is the work
plan as amended by the variation.

41AA. Department Head may direct variation of
work plan
(1) The Department Head may, on her or his

own initiative, determine that an approved
work plan be varied.

(2) On making a determination, the Department
Head must give the licensee written notice of the proposed variation, and the reasons for it, and give the licensee an opportunity to
comment on the proposal.
(3) After considering any comments made by

the licensee, the Department Head may
direct the licensee to submit an application
for approval of the variation.

(4) The licensee must comply with the direction. (5) Sections 41(2) to (8) apply to an application
lodged under this section.".

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 39

39. Minor consequential amendments
In section 41A of the Mineral Resources
Development Act 1990—

(a)

in sub-section (1), for "notice of a proposed variation to" substitute "an application to vary";

(b)

in sub-section (3), omit all words and expressions after "specified date".

40. Changes concerning work authorities
(1) For section 42(1) of the Mineral Resources

Development Act 1990 substitute—
"(1) The holder of a mining licence may apply to

the Department Head for a work authority in
relation to a specified area.".
(2) In section 42(2) of the Mineral Resources Development Act 1990—

(a)

in paragraph (b), for "21 days" substitute "7 days";

(b)

in paragraph (c)(i), before "consent" insert "written";

(c)

in paragraph (c)(ii), after "has made" insert "and registered";
(d) after paragraph (c)(iv) insert—
"; or

(v)
determine the name and address of the
owners and occupiers of the land
affected despite making, in the
the licensee has been unable to reasonable efforts to do so—".

(3) After section 42(2) of the Mineral Resources Development Act 1990 insert—

Mineral Resources Development (Amendment) Act 2000

s. 40

Act No. 82/2000

"(2A) If sub-section (2)(c)(v) applies to a licensee,

the Department Head may, before granting
the work authority, require the licensee—

(a) to advertise the licensee's intention to start work on the land affected in a specified edition of a newspaper circulating generally in the area in which the land is situated;
(b) to post a notice on the land affected stating that the licensee intends to start work on that land.".
(4) For section 42(3) of the Mineral Resources

Development Act 1990 substitute—
"(3) A work authority—

(a) has no effect until it is registered;

(b)

only has effect with respect to the area specified in the authority.".
(5) In section 42(4) of the Mineral Resources
Development Act 1990, for "an authority to commence work" substitute "a work authority".
(6) For section 42(5) of the Mineral Resources

Development Act 1990 substitute—
"(5) A work authority lapses if—

(a)
the licensee does not start work within registered, or any longer period allowed by the Minister in writing; or

(b)
the licensee undertakes work in the area not permitted by a permit issued under the relevant planning scheme; or

(c)

an Environment Effects Statement was prepared and assessed under sub-

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 41
section (7) before the authority was granted and the licensee undertakes work in the area to which the authority
applies that was not considered in the
Environment Effects Statement (unless
section 42A applies).".
(7) For section 42(7)(c) of the Mineral Resources

Development Act 1990 substitute—
"(c) a work authority has been granted by the

Minister following the Minister's
consideration of that assessment.".

41. Insertion of section 42A
After section 42 of the Mineral Resources
Development Act 1990 insert—
"42A. Planning permits not required for some
work variations

(1) This section applies if—

(a) a licensee proposes to vary an approved work plan that was approved in respect of work for which an Environment
Effects Statement was prepared and
assessed under section 42(7); and
(b) a permit is required to be obtained under a planning scheme for the new work that it is proposed to do.
(2) The licensee is not required to obtain a permit for that work if—

(a)
Minister administering the
Environment Effects Act 1978, is
satisfied that the new work will not
the Minister, after consultation with the environmental impacts; and

(b) the Minister approves the variation.

Mineral Resources Development (Amendment) Act 2000

s. 41

Act No. 82/2000

(3) If the Minister is not so satisfied, the licensee is still not required to obtain a permit for that work if—

(a) the Minister administering the
Environment Effects Act 1978 directs
that a report be prepared on the
additional environmental impacts that
the new work may have; and
(b) the report is made available for public inspection and comment for at least 28 days; and
(c)
after considering any comments made submits an assessment of the report to the Minister; and

(d)
approved by the Minister, substantially
the variation, in the form that it is recommended by that assessment.".

42. Changes concerning the start of exploration work

(1) In section 43(1) of the Mineral Resources Development Act 1990—

(a)

for "work" substitute "any work (other than low impact exploration)";

(b)

in paragraph (d), for "21 days" (wherever occurring) substitute "7 days";

(c)

for paragraph (e) substitute— "(e) if the land affected is private land—

(i)
the licensee has obtained the occupiers of the land affected; or

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 42

(ii)
registered compensation
the licensee has made and occupiers; or
(iii) the amount of compensation payable to those owners and occupiers has been determined

under Part 8 and the licensee has
been advised in writing of the
result by the person or body
making the determination; or
(iv) the licensee has purchased the land affected—

unless this requirement has been
waived by the Department Head under
sub-section (2).";

(d)
for the penalty at the foot of this sub-section "Penalty: In the case of a corporation,

1000 penalty units. units.

Default penalty:

In the case of a corporation, units.".
20 penalty units.

(2) After section 43(1) of the Mineral Resources Development Act 1990 insert—

Mineral Resources Development (Amendment) Act 2000

s. 43

Act No. 82/2000

"(2) If the land affected is private land and the licensee has been unable to determine the name and address of the owners and
occupiers of the land, the licensee may apply
to the Department Head to have the
requirement specified by sub-section (1)(e)
waived.
(2A) The Department Head may grant such an

application if, in her or his opinion, the
licensee has made all reasonable efforts to
determine the name and address of the
owners and occupiers of the land.

(2B) Before waiving the requirement, the Department Head may require the licensee—

(a) to advertise the licensee's intention to start work on the land affected in a specified edition of a newspaper circulating generally in the area in which the land is situated;
(b) to post a notice on the land affected stating that the licensee intends to start work on that land.".

43. Clarification that planning requirements still apply to unrestricted Crown land
In section 43B of the Mineral Resources
Development Act 1990—

(a)

in sub-section (1), after "doing of work" insert "under a licence";

(b)

in sub-section (2), after "apply to the" insert "Planning and Environment Act 1987, the".

44. Restriction concerning deemed consents
Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 45

(1) In sections 44(1), (2) and (8) of the Mineral
Resources Development Act 1990, after "do work" insert "under the licence".
(2) For section 44(6) of the Mineral Resources

Development Act 1990 substitute—
"(6) A person or body that does not comply with

sub-section (5) in relation to any land is
deemed to have given the consent sought.".

45. Protection of buildings and sites
(1) In section 45(1) of the Mineral Resources Development Act 1990—
(a) omit "(3),";

(b)

after "do any work" insert "under the licence";

(c)

for paragraphs (a)(xi) and (xii) substitute— "(xi) an archaeological area as defined by the
Archaeological and Aboriginal Relics
Preservation Act 1972; or
(xii)  any archaeological relic (as defined by that Act) that is still at the place at which it was discovered and that the Secretary (as defined by that Act)—
(i)  considers to be worthy of preservation; or
(ii)  has not yet formed an opinion under section 23(2) of that Act as to whether it is worthy of preservation; or";

(d)
for the penalty at the foot of this sub-section "Penalty: In the case of a corporation,
1000 penalty units.

Mineral Resources Development (Amendment) Act 2000
Act No. 82/2000

In any other case, 200 penalty units.
Default penalty:

In the case of a corporation, units.".
20 penalty units.

(2) After section 45(1) of the Mineral Resources Development Act 1990 insert—
"(1A) Despite sub-section (1), a licensee may do

any work prohibited by sub-section (1)
(except work within the prohibited distances
of the area relating to a site described in sub-
section (1)(a)(xiii)) if the licensee is not
required to obtain a permit for that work
under section 42(7) or 42A.

(1B) Sub-section (1A) applies regardless of

whether the licensee has any of the consents
referred to in sub-sections (2) and (4).".

(3) Section 45(3) of the Mineral Resources Development Act 1990 is repealed.
(4) In section 45(5) of the Mineral Resources Development Act 1990, omit "(3)".
(5) For section 45(6) of the Mineral Resources

Development Act 1990 substitute—
"(6) A licensee must not do any work on land that

is an Aboriginal area or place if the carrying
out of that work contravenes—

(a)

any declaration in force under section 9, 10, 21C, 21D or 21E of the Aboriginal and Torres Strait Islander

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 45
Heritage Protection Act 1984 of the
Commonwealth; or

(b)
section 15 or 16 of the Archaeological
any declaration in force under Act 1972.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
Default penalty:

In the case of a corporation, units.".
20 penalty units.

46. Consultation in relation to authorisations to mine near protected areas
(1) For section 46(1) of the Mineral Resources Development Act 1990 substitute— "(1) The Minister may authorise a licensee to do
work within the area prohibited by section
45(1)(a)(i) to (x) or within 100 metres below
that area—

(a)
after considering the advice of the Committee; or

(b)
after consultation with the municipal area is situated, and any community group or member of the community

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000
whom the Minister considers should be
consulted about the proposed work.".
(2) In section 46(3) of the Mineral Resources Development Act 1990, for "45(3) or (4)" substitute "45(4)".

47. Plan of mine
Section 47 of the Mineral Resources Development Act 1990 is repealed.

48. Substitution of section 47A
For section 47A of the Mineral Resources
Development Act 1990 substitute—

"47A. Management of worksites

(1) A licensee holding a mining licence must

appoint a manager to control and manage the
licence worksites.

(2) The licensee must ensure that the manager is a competent person.
(3) A competent person is a person whom the licensee reasonably believes—

(a) has acquired appropriate and adequate knowledge and skills, through training or experience or both, to be able to
safely and competently control and manage the licence worksites; and

(b) has an adequate knowledge of this Act and the regulations and any other relevant legislation; and
(c) is authorised to carry out, or supervise the carrying out, of any activity on the licence worksites that is regulated by or
under any Act.

(4) The licensee must provide the manager with sufficient means to enable the manager to

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 49
ensure that all obligations placed on the
licensee by or under this Act with respect to
the licence worksites are met.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
(5) If the licensee is a competent person, he or

she may appoint himself or herself to be the
manager of the licence worksites.".

49. Entitlements under a miner's right

(1) For sections 55(1) and (2) of the Mineral

Resources Development Act 1990 substitute— "(1) A miner's right entitles the holder to search
for minerals on any of the following land,
unless the land is covered by a mining
licence—

(a) private land, but only with the consent of the owner or occupier; and
(b) Crown land (other than land exempted under section 6 or 7 of this Act or nominated under section 7(1) of the Crown Land (Reserves) Act 1978).

(1A) If the land is covered by a mining licence,

the holder of a miner's right is entitled to
search for minerals on the land if he or she
has, in addition to any consent required
under sub-section (1), the consent of the
licensee.

(2) A consent granted under sub-section (1) or
(1A)—

(a)

may be granted subject to conditions; and

Mineral Resources Development (Amendment) Act 2000

s. 50

Act No. 82/2000

(b) may be withdrawn at any time by the person who granted it.
(2A) If the holder of a miner's right is validly on any land under this section, he or she may remove from the land any minerals
discovered by him or her on the land.".

(2) For section 57(1)(a) of the Mineral Resources

Development Act 1990 substitute—
"(a) likely to search for minerals in circumstances

that are not authorised by section 55; or".

50. Obligations of miner's right holders

(1) In section 58 of the Mineral Resources

Development Act 1990—

(a) in sub-section (1), for "who searches on land" substitute "acting";
(b) in sub-section (2), for "10 penalty units" substitute "50 penalty units".

(2) After section 58(2) of the Mineral Resources

Development Act 1990 insert—
"(3) The holder of a miner's right must produce

the miner's right for inspection if asked to do so by an inspector or any person acting under a delegation conferred under section 91(b).".

51. Entitlements under a tourist fossicking authority
(1) For section 59(1) of the Mineral Resources
Development Act 1990 substitute—
"(1) A tourist fossicking authority entitles the
holder and any person accompanied by the
holder to search for minerals at the times,
and subject to the conditions, specified in the
authority on any of the following land that is
specified in the authority, unless the land is
covered by a mining licence—

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 52

(a) private land, but only with the consent of the owner or occupier; and
(b) Crown land (other than land exempted under section 6 or 7 of this Act).

(1A) If the land is covered by a mining licence, the holder of the authority and any person accompanied by the holder is entitled to
search for minerals on the land under a
tourist fossicking authority if—

(a) the land is specified in the authority; and
(b) the holder of the authority has, in addition to any consent required under sub-section (1), the consent of the licensee.".

(2) For section 59(3) of the Mineral Resources

Development Act 1990 substitute—
"(3) A consent granted under sub-section (1) or

(1A)—

(a) may be granted subject to conditions; and
(b) may be withdrawn at any time by the person who granted it.
(4) If a person is validly on any land under this section, he or she may remove from the land any minerals discovered by him or her on the land.".

52. Changes concerning the register
(1) Section 68 of the Mineral Resources
Development Act 1990 is repealed.

Mineral Resources Development (Amendment) Act 2000

s. 53

Act No. 82/2000

(2) In sections 69, 70(6), 73, 74, 75 and 76 of the
Mineral Resources Development Act 1990, for
"registrar" (wherever occurring) substitute
"Department Head".
(3) In section 69(2)(a) of the Mineral Resources Development Act 1990—

(a)

for sub-paragraph (v) substitute— "(v) work authorities;";

(b)

after sub-paragraph (i) insert— "(ia) instruments of refusal of applications

for licences;";

(c) in sub-paragraph (xiv), after "licences" insert "(including mortgages)".
(4) After section 74(1)(c) of the Mineral Resources Development Act 1990 insert—
"; and
(d) provide a copy of a registered work plan; and

(e) provide a copy of a registered variation to a work plan—".

(5) After section 74(1) of the Mineral Resources Development Act 1990 insert—
"(1A) In complying with sub-sections (1)(d) and
(e), the Department Head must exclude from any copy provided any information that is, in the opinion of the Department Head, of a
confidential or commercially sensitive
nature.".

53. Additional requirement for rehabilitation plan
Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 55

After section 79(a)(iv) of the Mineral Resources
Development Act 1990 insert—
"(v) any potential long term degradation of the

environment; and".

54. Rehabilitation bonds

(1) In section 80 of the Mineral Resources

Development Act 1990, for the penalty at the foot
of sub-section (6) substitute—
"Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty units.

Default penalty:
In the case of a corporation, 20 penalty
units.
In any other case, 10 penalty units.".

(2) In section 81 of the Mineral Resources

Development Act 1990, after "doing work" insert
"under the licence".

55. Conditions on return of rehabilitation bonds

After section 82(2) of the Mineral Resources
Development Act 1990 insert—
"(3) The Minister may, as a condition of
returning a bond or bonds to a licensee or a former licensee, require that person to enter into a further rehabilitation bond if any land or part of the land to which the bond relates has not been rehabilitated, or requires further
rehabilitation.".

56. Change to bond return period
For section 83(6) of the Mineral Resources
Development Act 1990 substitute—

Mineral Resources Development (Amendment) Act 2000

s. 58

Act No. 82/2000

"(6) In making a decision under sub-section (5),

the Minister must take into account the
possibility that some of the damage caused
to the land by the licence activities may not
become evident for some time.".

57. Changes concerning compensation
(1) After section 85(1)(g) of the Mineral Resources Development Act 1990 insert—
"; and

(h) loss of opportunity to use tailings disposed of with the consent of the Minister under section 14(2).".

(2) For section 88(3)(b)(i) of the Mineral Resources

Development Act 1990 substitute—
"(i) the other party is not the owner or occupier

of the land affected; or".

58. Insertion of section 85A
After section 85 of the Mineral Resources
Development Act 1990 insert—
"85A. What compensation is payable for—Crown
land
(1) This section applies if the Minister is of the opinion that the approval of a work plan, or the carrying out of any work under a licence,
in relation to any Crown land has, or will,
result in loss or damage of the following
nature being sustained as a direct, natural
and reasonable consequence of the approval
of the plan, or the carrying out of the work—

(a)

deprivation of possession of the whole, or any part of the surface, of the land; or

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000

(b) damage to the surface of the land to such an extent that it cannot be rehabilitated and returned to its former, or a comparable, state; or
(c) damage to any improvements on the land; or
(d) severance of the land from any other Crown land; or
(e) loss of opportunity to make any planned improvement on the land.
(2) The Minister may require the licensee to pay compensation for the loss or damage—
(a) to the Crown; or

(b) to any person who is authorised to undertake activities on the land under a lease, licence, permit or other authority granted under an Act.
(3) In determining whether compensation should be paid under sub-section (2)(a), the Minister must take into account any benefits that may accrue to the people of Victoria from the

work carried out under the licence (for
example, the provision of infrastructure).
(4) In determining the amount of compensation

to be paid, the Minister may, if it is
necessary for the Crown to obtain
replacement land, take account of the
reasonable incidental expenses incurred in
obtaining that land.

(5) If the Minister determines that compensation should be paid to a person referred to in sub- section (2)(b), the Minister may increase the amount payable by up to 10% by way of
solatium to compensate the person for
intangible and non-pecuniary disadvantages

Mineral Resources Development (Amendment) Act 2000

s. 59

Act No. 82/2000

for which compensation is not otherwise
payable and that result from the approval or
the carrying out of the work.
(6) Compensation is not payable in respect of any land which only became Crown land after work under the licence started on that
land.
(7) Sections 85(4) and (5) also apply to this
section.".

59. Insertion of section 88A
After section 88 of the Mineral Resources
Development Act 1990 insert—
"88A. Determination of disputes—Crown land
(1) A licensee may apply to the Tribunal for a
review of any requirement made by the
Minister under section 85A.
(2) A person who is authorised to undertake

activities on Crown land under a lease,
licence, permit or other authority granted
under an Act may apply to the Tribunal for a
review of any decision made by the Minister
under section 85A that affects the person.

(3) An application for a review under this

section must be made within 28 days after
the later of—

(a) the day on which the decision is made;

(b)

if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 60

Act that a statement of reasons will not be given.".

60. Limit on amount of compensation for loss of amenity
After section 89(2) of the Mineral Resources
Development Act 1990 insert—
"(3) The maximum amount of compensation that
a court or the Tribunal may order to be paid
under section 85(1)(e) (loss of amenity) is
$10 000.".

61. Change of title
In the Mineral Resources Development Act
1990—

(a)

for section 90(1)(a) substitute— "(a) a Director of Mines; and";
(b) in sections 38(1B)(b), 42(2)(b)(i),
43(1)(d)(i), 67, 90(3), 91 and 118(1)(c), for
"chief mining inspector" (wherever
occurring) substitute "Director of Mines".

62. Substitution of section 93
For section 93 of the Mineral Resources
Development Act 1990 substitute—
"93. Offence to obstruct inspector etc.
(1) A person must not wilfully assault, obstruct

or attempt to obstruct, threaten, intimidate or
attempt to intimidate an inspector in the
exercise of the inspector's powers or the
discharge of the inspector's duties.

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.

Mineral Resources Development (Amendment) Act 2000

s. 63

Act No. 82/2000

(2) A person must not—

(a)

contravene or fail to comply with any lawful requirement of an inspector; or

(b)

refuse or neglect, when required by this Act to do so, to render assistance or furnish information to an inspector; or

(c)

make to an inspector exercising a power or discharging a duty under this Act a statement knowing it to be false or misleading in any particular.

Penalty: In the case of a corporation,
500 penalty units.
In any other case, 100 penalty
units.
(3) A person must not, when required by an

inspector to state his or her full name and
address—

(a) fail to do so; or
(b) state a false name or address; or

Penalty: 5 penalty units.

(4) A reference in this section to an inspector

includes a reference to a person acting under
an instrument of delegation under section
91(b).".

63. Repeal of Part 10—Mine Managers' Certificates

Part 10 of the Mineral Resources Development
Act 1990 is repealed.
64. Additional powers of the Minister in contravention cases
(1) For sections 110(1) to (3) of the Mineral Resources Development Act 1990 substitute—

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 64
"(1) This section applies if the Minister is

satisfied that the holder of an authority under
this Act—

(a) has contravened this Act or the regulations; or
(b) has not complied with any condition to which the authority is subject or any condition specified under section 44; or
(c) has not complied with any relevant planning scheme or permit; or
(d) has not complied with any condition applying to the carrying out of the work plan under the authority; or
(e) has undertaken work on land otherwise than in accordance with the work plan under the authority.
(2) The Minister may, by notice served on the holder of the authority—

(a)
period of any action necessary to
require the taking within a specified compliance;

(b) prohibit the doing of any activity or class of activity by the holder of the authority for a specified period or until
the occurrence of a specified event;

(c)

require the holder of the authority to supply any plans or other information specified in the notice;
(d) require the holder of the authority—
(i) to provide monitoring equipment;
(ii) to carry out any monitoring or surveys specified in the notice;

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000

(iii)
specified in the notice carried out
to have any audit or assessment person or body;

(iv)
detailing the results of the
to give the Minister a report assessment.
(3) The holder of an authority must comply with a notice issued under sub-section (2).

Penalty: In the case of a corporation,
1000 penalty units.
In any other case, 200 penalty
units.
Default penalty:
In the case of a corporation, units.".
20 penalty units.

(2) In section 110(4) of the Mineral Resources
Development Act 1990, for "sub-section (1)" substitute "sub-section (2)".
(3) For sections 110(5) and (6) of the Mineral

Resources Development Act 1990 substitute—
'(5) The Minister may, by notice served on the

holder of the authority, cancel a notice issued
under sub-section (2).
(6) For the purposes of this section, in the case of a mining licence, service of a notice on

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 65
the manager appointed to control and
manage the licence worksites is deemed to
be service of the notice on the licensee.
(7) In this section "authority" means a licence, a miner's right, a tourist fossicking authority or a tourist mine authority.'.

65. Insertion of section 111A
After section 111 of the Mineral Resources
Development Act 1990 insert—
"111A. Default penalties
(1) If a person is convicted of an offence against this Act in respect of which a default penalty is provided, the person is guilty of a further
offence for each day the offence continues
after the conviction, and is liable to be fined
up to the amount specified as the default
penalty.
(2) This section does not apply if, owing to a

circumstance such as the loss of a document
needed to comply with this Act, it is not
possible for a person to comply with the
provision in respect of which the offence
was committed.".

66. Surveys and drilling operations
(1) For section 112(1) of the Mineral Resources

Development Act 1990 substitute—
"(1) The Minister may authorise in writing any

person to enter, or fly over, any land for the
purpose of making a land, mining or
geological survey on behalf of the
Department.".

Mineral Resources Development (Amendment) Act 2000

s. 67

Act No. 82/2000

(2) In sections 112(2) and (3) of the Mineral

Resources Development Act 1990, for "boring"
(wherever occurring) substitute "drilling".

(3) For section 112(4) of the Mineral Resources

Development Act 1990 substitute—
"(4) Part 8 applies to any drilling operation under

sub-section (2)—

(a)

as if a reference in that Part to a licensee was a reference to the Department; and

(b)

as if a reference in that Part to the approval of the work plan or the doing of work under the licence was a reference to the carrying out of the drilling operation.".

67. Abandoned plant
For section 114(5) of the Mineral Resources
Development Act 1990 substitute—
"(5) Any money received by the Minister on the
sale of property under sub-section (4)
must—

(a) if the cost of taking action under section 83(1) in relation to any land covered by the licence exceeds the amount of the bond or bonds, be applied towards covering that cost;
(b) in any other case, be paid into the Consolidated Fund.
(6) If sub-section (5)(a) applies and money

remains after the cost referred to in that sub-
section has been covered, that remaining

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 69
money must be paid into the Consolidated
Fund.
(7) Nothing in this section applies to any plant that is on any land owned by the licensee or former licensee.".

68. Information supplied by licensees
For section 116(3) of the Mineral Resources
Development Act 1990 substitute—
"(3) The Minister may also make a document
furnished under sub-section (1) available for
inspection by the public—

(a) if the licensee consents to the Minister doing so; or
(b) if the licensee refuses to consent to the Minister doing so, but the Minister is satisfied that the licensee is acting unreasonably in refusing to consent and that it is in the public interest that the information should be released while the licence is still in force.
(4) Regulations made under sub-section (1) may

require the licensee to lodge a detailed
current plan of any mine within the area
covered by the licence.".

69. Supreme Court—limitation of jurisdiction
For section 123 of the Mineral Resources
Development Act 1990 substitute—
"123. Supreme Court—limitation of jurisdiction
It is the intention of section 89(3), as inserted
by section 60 of the Mineral Resources
Development (Amendment) Act 2000, to
alter or vary section 85 of the Constitution
Act 1975.".

Mineral Resources Development (Amendment) Act 2000

s. 71

Act No. 82/2000

70. Regulations
In section 124(1) of the Mineral Resources
Development Act 1990—

(a)

in paragraph (c), omit "and renewals of licences";
(b) paragraphs (m) and (n) are repealed;

(c)

for paragraph (v) substitute— "(v) requiring the payment of fees for
anything done under this Act or the
regulations and prescribing those fees;
and".

71. Insertion of section 130
After section 129 of the Mineral Resources
Development Act 1990 insert—
"130. Saving and transitional provisions—
2000 amendments
Schedule 5 contains saving and transitional provisions arising from the amendments made to this Act by the Mineral Resources Development (Amendment) Act 2000.".

72. Increase in miscellaneous penalties
In the Mineral Resources Development Act
1990—

(a)

in section 67, for "100 penalty units" substitute "200 penalty units";

(b)

in section 77, for "100 penalty units" substitute "200 penalty units".

73. Insertion of Schedule 5
After Schedule 4 of the Mineral Resources
Development Act 1990 insert—

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000

SCHEDULE 5
SAVING AND TRANSITIONAL PROVISIONS ARISING FROM THE MINERAL RESOURCES
DEVELOPMENT (AMENDMENT) ACT 2000 1. Definitions
In this Schedule—
"amending Act" means the Mineral Resources
Development (Amendment) Act 2000;
"commencement date" means the date section
14 of the amending Act came into
operation.

2. Saving of exploration licence applications based on former measurement system
If the Minister varies the meaning of a graticular section under section 7A—

(a) any application for an exploration licence that was lodged before the date the variation took effect is not invalid merely because it does not take account of the varied meaning of graticular sections; and
(b) the Minister may grant the application without modifying the area to which the licence is to apply to take account of the varied meaning.

3. "Queued" applications to lapse (1) This clause applies if—
(a) an application for a licence was lodged—
(i) before the commencement date; and
(ii) one or more days after an application was lodged for a licence in respect of the same land; and

(b)

that other prior application had not lapsed or been withdrawn, rejected or not accepted before the commencement date.

(2) The later application lapses.
Mineral Resources Development (Amendment) Act 2000

s. 73

Act No. 82/2000

4. Other applications
Subject to clauses 2 and 3, any application for a licence or the renewal of a licence that was lodged before the commencement date and that had not lapsed or been withdrawn, rejected or not accepted before that date is to be treated as if it had been lodged on the commencement date.

5. Exploration licences held for less than 5 years
(1) This clause applies to an exploration licence that
was first registered less than 5 years before the
commencement date.

(2)

The licence is to be treated as if it had been issued on the day it was first registered for a period of 5 years.
(3) Sub-section (2) is not to be read as enabling the
recovery of any area that no longer applies to the
licence as a result of section 30 (before its repeal).

6. Exploration licences held for 5 years or more
(1) This clause applies to an exploration licence that
was first registered 5 years or more before the
commencement date.

(2) The licence may be renewed on the expiry of the

term specified in the licence.
7. Exploration licences not affected

Subject to clauses 5 and 6, any exploration licence in force on the commencement date continues in force.

8. Mining licences not affected

Any mining licence in force on the commencement date continues in force.
9. Right to reproduce section 116 document imposed as a condition
(1) This clause applies to any mining licence in force immediately before the commencement date.

(2) It is a condition of the licence that, in providing a
document to the Minister under section 116, the
licensee must give the Crown a licence to

Mineral Resources Development (Amendment) Act 2000

Act No. 82/2000 s. 74
reproduce the document and any information in
the document.".

74. Repeal of spent Act
The Mineral Resources Development
(Amendment) Act 1993 is repealed.

75. Amendment to the National Parks Act 1975
After section 32D(3) of the National Parks Act
1975 insert—
"(4) The property in minerals passes from the
Crown to a person acting in accordance with any permission or authorization given under sub-section (2) when the minerals are
separated from the land.".

═══════════════
Mineral Resources Development (Amendment) Act 2000

Endnotes

Act No. 82/2000

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 5 October 2000
Legislative Council: 2 November 2000
The long title for the Bill for this Act was "to amend the Mineral
Resources Development Act 1990 and the National Parks Act 1975
and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 31 October 2000
Legislative Council: 2 November 2000
Absolute majorities:
Legislative Assembly: 1 November 2000
Legislative Council: 16 November 2000

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1.	Purpose	1
2.	Commencement	2
3.	Additional objective	2
4.	Changes to definitions	3
5.	Insertion of section 5A	6

6.	Land not available for exploration, mining and searching	6
7.	Minister's power to exempt land from exploration etc.	7
8.	Insertion of sections 7A and 7B	8

7A.	Minister may declare meaning of graticular section	8
7B.	Ministers may declare low impact exploration activity	8

9.	Licence etc. needed to search, explore or mine	8
10.	Insertion of section 8A	9

11.	Change concerning royalties	9
12.	Exploration licences	10
13.	Mining licences	10
14.	Changes concerning licence applications	11
15.	Minor amendment	14
16.	Insertion of new section 19	14

17.	Repeal of relocated provisions	15
18.	Substitution of section 23	15

19.	Grant or refusal of licence	16
20.	Insertion of section 25A	16

25.	Time within which licence renewals to be sought	25
26.	Relocation of exploration licence reduction provision	25
27.	Change to exploration licence renewal period	25
28.	Insertion of sections 33A and 33B	25

33A.	Transfer of land from one mining licence to another	25
33B.	Mining licence may be split and transferred	27

29.	Variation of exploration licence period	28
30.	Substitution of section 35	28

31.	Changes concerning amalgamation of licences	29
32.	Insertion of section 36A	30

33.	Additional licence cancellation grounds	30
34.	Insertion of section 38A	32

35.	Insertion of sections 38AA–38AD	33
38AA. Boundaries of licence area must be surveyed and marked

out	33
38AB. Authority to enter land	34
38AC. Offence not to show authority	35
38AD. Security	35
38AE. Insurance	36

37.	Change concerning work plans	38
38.	Substitution of section 41	40

39.	Minor consequential amendments	43
40.	Changes concerning work authorities	43
41.	Insertion of section 42A	45

42.	Changes concerning the start of exploration work	46
43.	Clarification that planning requirements still apply to unrestricted
Crown land	48
44.	Restriction concerning deemed consents	48
45.	Protection of buildings and sites	49
46.	Consultation in relation to authorisations to mine near protected
areas	51
47.	Plan of mine	52

49.	Entitlements under a miner's right	53
50.	Obligations of miner's right holders	54
51.	Entitlements under a tourist fossicking authority	54
52.	Changes concerning the register	55
53.	Additional requirement for rehabilitation plan	56
54.	Rehabilitation bonds	57
55.	Conditions on return of rehabilitation bonds	57
56.	Change to bond return period	57
57.	Changes concerning compensation	58
58.	Insertion of section 85A	58

60.	Limit on amount of compensation for loss of amenity	61
61.	Change of title	61
62.	Substitution of section 93	61

63.	Repeal of Part 10—Mine Managers' Certificates	62
64.	Additional powers of the Minister in contravention cases	62
65.	Insertion of section 111A	65
111A. Default penalties	65
66.	Surveys and drilling operations	65
67.	Abandoned plant	66
68.	Information supplied by licensees	67
69.	Supreme Court—limitation of jurisdiction	67

72.	Increase in miscellaneous penalties	68
73.	Insertion of Schedule 5	68
74.	Repeal of spent Act	71
75.	Amendment to the National Parks Act 1975	71

(i)	without using equipment (other than non-mechanical hand tools) to excavate on the land; and
(ii)	without using explosives on the land; and
(iii)	without removing or damaging any tree or shrub on the land; and
(iv)	without disturbing any Aboriginal place or Aboriginal object on the land; and
(v)	without disturbing any place or object on the Victorian Heritage Register, or any archaeological site or relic included on the Heritage Inventory, under the Heritage Act 1995; or

(a)	means the 1000 metre interval block based on the Australian Geodetic Datum 1966, as shown
on the National Topographic Map Series published by the National Mapping Council; or
(b)	if a notice under section 7A applies, has the meaning it has as specified by, or under, that notice;';

(a)	the granting of a licence, permit, right or authority;
(b)	undertaking any exploration, searching or mining.'.

(a)	in sub-section (1), after "Minister may" insert ", by writing signed by him or her,";
(b)	after sub-section (2)(b) insert— "(c) if, in the Minister's opinion, the

(a)	the person does so in accordance with a licence, a miner's right, a tourist fossicking authority or a tourist mine authority; or
(b)	the person benefits from a relevant minerals exemption.
Penalty:	In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units.

(a)	the information is not given to the Minister within the time specified by the Minister in making the request (or within any later time subsequently allowed by the Minister in writing); and
(b)	the Minister has not withdrawn the request for the information within the times referred to in paragraph (a).

(a)	the relative merits of the applications; and
(b)	the likely ability of each applicant to meet the requirements specified in section 15(6).

(b)	the area of the land for which the mining licence is to be sought is 5 hectares or less; and
(c)	the exploration licence was first registered more than 2 years before the application was lodged; and
(d)	the person is unable or unwilling to obtain the written consent of the holder of the exploration licence to the granting of the licence.

(a)	would not be likely to significantly interfere with any work being, or proposed to be, carried out by the exploration licence holder; and
(b)	would not be unfair to the exploration licence holder; and