Mineral Resources Development (Amendment) Regulations 2007

Mineral Resources Development (Amendment) Regulations 2007 S.R. No. 131/2007 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 2 3 Principal Regulations 2 4 Exploration licences 2 5 Mining licences 2 6 Advertising of licence applications 2 7 New regulation 16A inserted 2 16A Advertising and notice of licence applications relating to coal on exempted land 2 8 New regulation 31A inserted 3 31A Advertising and notice of accepted tenders 3 9 Fees for information 4 10 New Part 7 inserted 4 PART 7—GENERAL 4 50 Consent for work near dwelling 4 11 Substitution of references to the Principal Act 4 12 Statute law revision 5 13 Work plans for mining licences 5 14 Information in documents required to be recorded in the Register 7 15 New Schedule 24 inserted 8 SCHEDULE 24—Landowner's Consent Under Section 45 8 ═══════════════ ENDNOTES 12 i -- 1 of 13 -- STATUTORY RULES 2007 S.R. No. 131/2007 Mineral Resources (Sustainable Development) Act 1990 Mineral Resources Development (Amendment) Regulations 2007 The Governor in Council makes the following Regulations: Dated: 4 December 2007 Responsible Minister: PETER BATCHELOR Minister for Energy and Resources MELISSA VAN ROSSUM Acting Clerk of the Executive Council 1 Objectives The objectives of these Regulations are to— (a) prescribe requirements for certain advertisements; and (b) prescribe the form of consent for work near dwellings; and (c) prescribe matters to be included in community engagement plans; and (d) prescribe documents to be recorded in the register; and (e) prescribe the fee for internet access to the register; and (f) prescribe other matters authorised by the Mineral Resources (Sustainable Development) Act 1990. 1 -- 2 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 2 2 Authorising provision These Regulations are made under section 124 of the Mineral Resources (Sustainable Development) Act 1990. 3 Principal Regulations In these Regulations, the Mineral Resources Development Regulations 20021 are called the Principal Regulations. 4 Exploration licences In regulation 11(1) of the Principal Regulations, for "section 15(1)" substitute "section 15(1), 26AD(1) or 26AJ(1)". 5 Mining licences In regulation 12(1) of the Principal Regulations, for "section 15(1)" substitute "section 15(1), 26AD(1) or 26AJ(1)". 6 Advertising of licence applications In regulations 16(1) and 16(2)(b) of the Principal Regulations, for "a newspaper or newspapers" substitute "one or more newspapers". 7 New regulation 16A inserted After regulation 16 of the Principal Regulations insert— "16A Advertising and notice of licence applications relating to coal on exempted land (1) For the purposes of sections 26AD(4)(a) and 26AK(3)(a) of the Act, the advertisement of an application must— (a) be published in a daily newspaper circulating generally throughout Victoria and in one or more newspapers 2 -- 3 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 8 circulating in the locality of the licence application area; and (b) if the application is for an exploration licence, contain a notice of the application containing the information set out in Schedule 7; and (c) if the application is for a mining licence, contain a notice of the application containing the information set out in Schedule 8. (2) For the purposes of sections 26AD(4)(b) and 26AK(3)(b) of the Act, the applicant for a mining licence must give notice by serving a copy of the notice specified in subregulation (1)(c) on the owner or occupier of the land affected by the licence.". 8 New regulation 31A inserted After regulation 31 of the Principal Regulations insert— "31A Advertising and notice of accepted tenders (1) For the purposes of section 27B(1)(a) of the Act, the advertisement of the acceptance of a tender must— (a) be published in a daily newspaper circulating generally throughout Victoria and in one or more newspapers circulating in the locality of the accepted tender licence area; and (b) in the case of an accepted tender for an exploration licence, contain a notice containing all of the items specified in Schedule 7; and 3 -- 4 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 9 (c) in the case of an accepted tender for a mining licence, contain a notice containing all of the items specified in Schedule 8. (2) For the purposes of section 27B(1)(b) of the Act the successful tenderer must give notice by serving a copy of the notice specified in subregulation (1)(c) on the owner or occupier of the land affected by the licence.". 9 Fees for information After regulation 34(2) of the Principal Regulations insert— "(2A) Despite anything to the contrary in this regulation, no fee is payable for accessing the register via the Internet or for downloading information from the register via the Internet.". 10 New Part 7 inserted After regulation 49 of the Principal Regulations insert— "__________________ PART 7—GENERAL 50 Consent for work near dwelling For the purposes of section 45(3)(a) of the Act, the prescribed form of consent is the form in Schedule 24.". 11 Substitution of references to the Principal Act (1) In regulations 1(a), 1(d), 2 and 5 of the Principal Regulations for "Development" substitute "(Sustainable Development)". 4 -- 5 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 12 (2) In Schedules 2, 3, 4, 7, 8, 17 and 18 to the Principal Regulations for "Development" (wherever occurring) substitute "(Sustainable Development)". (3) In items 6010, 6050, 6070, 6170, 6230 and 6240 of Schedule 22 to the Principal Regulations for "Development" substitute "(Sustainable Development)". 12 Statute law revision (1) In regulation 45(3) of the Principal Regulations, for "Public Sector Management and Employment Act 1998" substitute "Public Administration Act 2004". (2) In Schedule 7 to the Principal Regulations, for "Regulation 16(1)" substitute "Regulations 16(1), 16A(1)(b) and 31A(1)(b)". (3) In Schedule 8 to the Principal Regulations, for "Regulation 16(2)" substitute "Regulations 16(2), 16A(1)(c) and 31A(1)(c)". 13 Work plans for mining licences (1) In Schedule 13 to the Principal Regulations, after item 8 under the heading "For mining licences exceeding 5 hectares" insert— "9. A description of any significant community facilities that may be affected by the proposed works. 10. A community engagement plan that— (a) identifies any community likely to be affected by mining activities authorised by the licence; and 5 -- 6 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 13 (b) includes proposals for— (i) identifying community attitudes and expectations; and (ii) providing information to the community; and (iii) receiving feedback from the community; and (iv) analysing community feedback and considering community concerns or expectations— in relation to mining activities authorised by the licence; and (c) includes a proposal for registering, documenting and responding to complaints and other communications from members of the community in relation to mining activities authorised by the licence.". (2) In Schedule 13 to the Principal Regulations, after item 6 under the heading "For mining licences not exceeding 5 hectares" insert— "7. A description of any significant community facilities that may be affected by the proposed works. 8. A community engagement plan that— (a) identifies any community likely to be affected by mining activities authorised by the licence; and 6 -- 7 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 14 (b) includes proposals for— (i) providing information to the community; and (ii) receiving and considering feedback from the community— in relation to mining activities authorised by the licence; and (c) includes a proposal for responding to complaints and other communications from members of the community in relation to mining activities authorised by the licence.". 14 Information in documents required to be recorded in the Register In Schedule 21 to the Principal Regulations, after item (xvi) insert— "(xvii) Consent of owner to work near a dwelling house Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Name/s of owner/s, Address/es of owner/s, Title details of land subject to consent (xviii) Authorisation of Minister to work near a dwelling house Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Name/s of owner/s, Address/es of owner/s, Title details of land subject to authorisation". 7 -- 8 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 15 15 New Schedule 24 inserted After Schedule 23 to the Principal Regulations insert— " __________________ SCHEDULE 24 Regulation 50 LANDOWNER'S CONSENT UNDER SECTION 45 IMPORTANT NOTICE TO LANDOWNER— PLEASE READ BEFORE SIGNING The licensee is prohibited by section 45(1) of the Mineral Resources (Sustainable Development) Act 1990 (the Act) from doing any work within 100 metres laterally of a dwelling house that existed before an approved workplan was registered in respect of the licence or within 100 metres below that area, unless the licensee has the written consent of the owners of the land on which that dwelling house is located or an authority from the Minister. Note work is defined in section 45(7) of the Mineral Resources (Sustainable Development) Act 1990 and covers a range of mining related activities. The licensee proposes to do work in accordance with the description or workplan attached to this form. By signing this form, you give your written consent to the licensee doing work within 100 metres laterally of a dwelling house situated on your land or within 100 metres below that area. 8 -- 9 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 15 What happens if I give consent? Your consent is voluntary. You are not required to sign this form. If you do give consent: 1. You cannot withdraw your consent, nor can any subsequent owner withdraw your consent. 2. Your consent binds all subsequent owners and occupiers of the land. 3. If the land is owned by 2 or more people, all the owners must give their consent by signing this form and each owner's signature will need to be witnessed. 4. You may specify depth or distance restrictions. Before you sign this form: You may wish to seek advice before you decide whether to give consent. PART 2 LANDOWNER'S CONSENT UNDER SECTION 45 Office Use only: LICENSEE: Name of Licensee: Address of Licensee: Licence Number and Type: 9 -- 10 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 15 r. 15 LANDOWNER(S): Name: Address: Name: Address: PARTICULARS OF LAND Address/description: Title Particulars: *I am/we are the owner(s) of the land set out above. *I/we understand that the licensee is prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Mineral Resources (Sustainable Development) Act 1990 from doing work within 100 metres laterally of a dwelling house situated on the land or within 100 metres below that area, unless *I/we give written consent. *I/we consent to the licensee doing work within and below the area otherwise prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Act in accordance with the description or workplan attached to this consent. *This consent is given subject to the following condition(s) as to distance or depth: OR *This consent is not subject to any conditions. *I/We have read the notice to landowners, above, and understand that: • *My/our consent is voluntary; and • *I/we cannot withdraw this consent; and • this consent binds all subsequent owners and occupiers of the land. 10 -- 11 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 r. 15 Signature of landowner: Name of landowner: Witnessed by: Signature of witness: Name of witness: Date: *cross out if not applicable". ═══════════════ 11 -- 12 of 13 -- S.R. No. 131/2007 Mineral Resources Development (Amendment) Regulations 2007 Endnotes ENDNOTES 1 Reg. 3: S.R. No. 99/2002. Reprint No. 1 as at 9 February 2007. Reprinted to S.R. No. 110/2006. 12 -- 13 of 13 --