Mineral Resources Development Regulations 2002

i Mineral Resources Development Regulations 2002 S.R. No. 99/2002 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provision 2 3. Commencement 2 4. Revocation 2 5. Definition 2 PART 2—ROYALTIES AND PRODUCTION RETURNS 3 6. Definitions 3 7. Calculation of royalties 3 8. Minister may determine net market value in certain circumstances 4 9. Time of payment 6 10. Production and royalty return 6 PART 3—LICENCES 8 11. Exploration licences 8 12. Mining licences 8 13. Miner's rights 8 14. Tourist fossicking authority 9 15. Application for tourist mine authority 9 16. Advertising of licence application 9 17. Marking out of mining licence 10 18. Exemption from marking out licence 11 19. Removal of corner posts 12 20. Boundary marks on a mining licence 12 21. Survey of area of a mining licence 13 22. Application for the renewal of a licence 14 23. Notice of application for the renewal of a licence 14 24. Renewal of boundary marks 14 25. Work plan 14 26. Annual activity and expenditure return 15 27. Technical report of exploration 17 -- 1 of 74 -- Regulation Page ii 28. Rent on mining licence 18 29. Variation of licence 19 30. Conversion of title 20 31. Tenders 20 32. Fees for licence transaction 21 PART 4—MINING REGISTER 22 33. Information in documents 22 34. Fees for information 22 35. Certificate of information 23 36. Approved form 23 PART 5—MINING INFRINGEMENTS 24 37. Offences 24 38. Form of infringement notice 24 39. Particulars of an infringement notice 24 40. Service of infringement or withdrawal notice 25 41. Form of withdrawal notice 25 42. Payment of penalty 26 43. Prior convictions 26 PART 6—DISCLOSURE OF INTEREST 28 44. Definitions 28 45. Duty of disclosure 29 46. Officer must submit statement of disclosure 30 47. Disclosure of interest register 30 48. Inspection of register 30 49. Report of names of people making disclosures 30 __________________ SCHEDULES 31 SCHEDULE 1—Revoked regulations 31 SCHEDULE 2—Information required in application for exploration licence 33 SCHEDULE 3—Information required in application for mining licence 35 SCHEDULE 4—Miner's right 37 SCHEDULE 5—Information required in application for tourist fossicking authority 38 SCHEDULE 6—Information required in application for tourist mine authority 39 -- 2 of 74 -- Regulation Page iii SCHEDULE 7—Information required in notice of application for exploration licence 40 SCHEDULE 8—Information required in notice of application for mining licence 41 SCHEDULE 9—Information required in application for renewal of mining licence 43 SCHEDULE 10—Information required in application for renewal of exploration licence 44 SCHEDULE 11—Information required in notice of application for renewal of mining licence to owner and occupier of land 45 SCHEDULE 12—Information required in work plan for an exploration licence 46 SCHEDULE 13—Information required in work plan for a mining licence 47 SCHEDULE 14—Information required in expenditure and activities return—exploration licence 50 SCHEDULE 15—Information required in expenditure and activities return—mining licence 54 SCHEDULE 16—Information required in technical report 56 SCHEDULE 17—Exploration licence No. 57 SCHEDULE 18—Mining licence No. 59 SCHEDULE 19—Fees and rentals 61 SCHEDULE 20—Information required in application for conversion of former title to corresponding new title 62 SCHEDULE 21—Information in documents required to be recorded in the register 63 SCHEDULE 22—Mining infringements 66 SCHEDULE 23—Information required in statement of disclosure 71 ═══════════════ -- 3 of 74 -- 1 STATUTORY RULES 2002 S.R. No. 99/2002 Mineral Resources Development Act 1990 Mineral Resources Development Regulations 2002 The Governor in Council makes the following Regulations: Dated: 22 October 2002 Responsible Minister: CANDY BROAD Minister for Energy and Resources HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to prescribe various procedures, details, royalties, fees, forms, information required in documents and other matters authorised by the Mineral Resources Development Act 1990; and (b) to set out requirements relating to marking out licence areas; and (c) to prescribe certain offences as mining infringements; and (d) to set out the requirements for people who are required, under the Mineral Resources Development Act 1990, to disclose any interests. -- 4 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 2 2. Authorising provision These Regulations are made under section 124 of the Mineral Resources Development Act 1990. 3. Commencement These Regulations come into operation on 28 October 2002. 4. Revocation The Regulations set out in Schedule 1 are revoked. 5. Definition In these Regulations, "Act" means the Mineral Resources Development Act 1990. __________________ r. 2 -- 5 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 3 PART 2—ROYALTIES AND PRODUCTION RETURNS 6. Definitions In this Part— "gold" means any gold or silver content of ore, concentrates, alloy or metal that is sold as a product from a mine the principal activity of which is the mining of gold; "net market value" means the market value of the mineral at the time it is first sold, transferred or disposed of, less any costs reasonably, necessarily and directly incurred by the licensee in connection with the sale, transfer or disposal (including insurance, freight and marketing expenses). 7. Calculation of royalties (1) Royalties are payable at the rate shown in the Table. Table Item Minerals Royalties 1 Lignite (brown coal) The determined amount per gigajoule unit of coal produced 2 Tailings from Crown land disposed of under section 14(2)(b) of the Act $1.43 per cubic metre 3 All other minerals, excluding gold 2⋅75% of the net market value (2) For the purposes of item 1 in the Table— (a) the "determined amount" is—       × ⋅ B A 0239 $0 r. 6 -- 6 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 4 where— A is the consumer price index number for the quarter ending on 30 June immediately preceding the financial year for which the determined amount is being calculated; B is the consumer price index number for the financial year ending on 30 June 1993; (b) a "gigajoule unit of coal" is a quantity of coal which, when mined, has a net wet specific energy content of 1 gigajoule. (3) For the purposes of sub-regulation (2), "consumer price index number" means the all groups consumer price index number for Melbourne published by the Commonwealth Statistician in respect of the relevant period. 8. Minister may determine net market value in certain circumstances (1) If the Minister is of the opinion that the net market value reported in respect of a particular mineral is not a true or fair net market value of the mineral, the Minister may require the licensee to pay a royalty in relation to that mineral on the basis of the net market value of the mineral as determined by the Minister. Example: This sub-regulation would apply if the Minister was of the view that the costs reported in relation to the sale of a mineral do not all relate to the sale of that mineral, or are unreasonably high. This sub-regulation would also apply if the Minister was of the view that the reported sale price of a mineral resulted from a transaction that was not a genuine commercial transaction because the parties to the contract were related bodies corporate. r. 8 -- 7 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 5 (2) Before making a determination under this regulation, the Minister— (a) must give the licensee a written notice— (i) that states that the Minister is of the opinion that the net market value of the mineral may not be a true or fair net market value of the mineral; and (ii) that states the reasons for that opinion; and (iii) that invites the licensee to make a written submission in response to the notice within the time specified by the Minister in the notice; and (b) must consider any submission that is made by the licensee within the time specified in the notice. (3) The Minister must not specify a period of less than 7 days for the purposes of sub-regulation (2)(a)(iii). (4) If the Minister makes a determination under this regulation, the licensee must pay the difference between the amount of royalty already paid in respect of the mineral and the amount of royalty that is payable on the basis of the determination within 4 weeks after the date the licensee is given written notice of the determination. (5) The licensee must also pay interest on the amount of that difference calculated from the date the royalty was payable to the date of the payment of the difference at the rate specified in the notice of the determination. (6) For the purposes of sub-regulation (5), the Minister may specify a rate that is up to 5% greater than the rate for the time being fixed under section 2 of the Penalty Interest Rates Act 1983. r. 8 -- 8 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 6 9. Time of payment (1) Royalties must be paid for each financial year and are due on 30 June each year. (2) Payment must be received within 4 weeks after the due date. (3) Despite sub-regulations (1) and (2), the Minister may by notice to the licensee vary the period for which royalties must be paid and the due date on which royalties must be paid. (4) Unless payment is received within 4 weeks after the due date (or any other period set by the Minister under sub-regulation (3)), the payment is subject to interest at the rate prescribed under the Penalty Interest Rates Act 1983. (5) If interest is payable under sub-regulation (4), the interest is to be calculated from the date the royalty was payable to the date of the payment of the royalty and interest. 10. Production and royalty return (1) A licensee must, within 4 weeks after 30 June each year (or any other period set by the Minister under regulation 9(3)) send to the Department Head— (a) in relation to the production of lignite (brown coal), a statement for the 12 months preceding 30 June (or any other period set by the Minister under regulation 9(3)) in a form approved by the Department Head setting out the quantity of lignite (brown coal) produced and the value of the net wet specific energy content of that coal used for the purpose of the calculation of the royalty; (b) in relation to tailings from Crown land, a statement for the 12 months preceding 30 June (or any other period set by the r. 9 -- 9 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 7 Minister under regulation 9(3)) in a form approved by the Department Head setting out the quantity of tailings disposed of; (c) in relation to all other minerals, a statement for the 12 months preceding 30 June (or any other period set by the Minister under regulation 9(3)) in a form approved by the Department Head setting out full details of the quantity of minerals produced and the net market value, including the costs deducted. Penalty: 20 penalty units. (2) The Department Head, or an officer of the Department authorised by the Department Head, may inspect the mine and books and records of the whole or any part of the last 5 years production, disposals, transfers, sales and costs to enable the amount of royalty to be assessed. (3) The licensee must retain the books and records of production, disposals, transfers, sales and costs for inspection purposes for at least 5 years. Penalty: 10 penalty units. __________________ r. 10 -- 10 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 8 PART 3—LICENCES 11. Exploration licences (1) An application for an exploration licence under section 15(1) of the Act must— (a) contain the information set out in Schedule 2; and (b) be accompanied by the fee specified in item 1 of Schedule 19. (2) An exploration licence must be in the form set out in Schedule 17. 12. Mining licences (1) An application for a mining licence under section 15(1) of the Act must— (a) contain the information set out in Schedule 3; and (b) be accompanied by the relevant fee specified in item 2 of Schedule 19. (2) A mining licence must be in the form set out in Schedule 18. 13. Miner's rights (1) An application for a miner's right under section 56 of the Act must be accompanied by the fee specified in item 3 of Schedule 19. (2) A miner's right must be in the form set out in Schedule 4. (3) A miner's right does not take effect until it has been signed by the person to whom it was issued. r. 11 -- 11 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 9 14. Tourist fossicking authority An application for a tourist fossicking authority under section 60 of the Act must— (a) contain the information set out in Schedule 5; and (b) be accompanied by the fee specified in item 4 of Schedule 19. 15. Application for tourist mine authority An application for a tourist mine authority under section 64 of the Act must— (a) contain the information set out in Schedule 6; and (b) be accompanied by the fee specified in item 5 of Schedule 19. 16. Advertising of licence application (1) An applicant under section 15(1) of the Act for an exploration licence must, within 2 weeks after being notified that the application has priority, insert in a Wednesday edition of a newspaper circulating generally in Victoria and in a newspaper or newspapers circulating in the locality of the licence application area a notice of the application containing the information set out in Schedule 7. (2) An applicant under section 15(1) of the Act for a mining licence must, within 2 weeks after being notified that the application has priority, insert— (a) if the application area is more than 5 hectares, in a Wednesday edition of a newspaper circulating generally in Victoria; and r. 14 -- 12 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 10 (b) in a newspaper or newspapers circulating in the locality of the licence application area— a notice of the application containing the information set out in Schedule 8 and serve a copy of the notice on the owner and occupier of the land affected. (3) An applicant must lodge a copy of any advertisement inserted under sub-regulation (1) or (2) with the Department Head within 4 weeks after publication of the advertisement. 17. Marking out of mining licence (1) The holder of a mining licence must within 4 weeks— (a) after registration of the licence; or (b) after the grant of an authority under section 38AB of the Act— whichever is the later, mark out in accordance with regulation 20 the land covered by the licence. Penalty: 10 penalty units. (2) The Department Head may require the holder, or former holder, of a mining licence to remove or alter any corner posts, survey markers or offset markers if the posts or markers do not accurately mark out the land covered by the licence or former mining licence area or if the licence ceases to have effect. (3) If required to do so by the Department Head, the holder, or former holder, of a mining licence must remove or alter any corner posts, survey markers or offset markers and must do so within the time specified by the Department Head in making the requirement. Penalty: 10 penalty units. r. 17 -- 13 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 11 (4) The licence holder must maintain the corner posts, and any survey markers or off set markers, required by regulation 20 and make sure that the metal plates required by that regulation remain in a legible condition until— (a) the licence has ceased to have effect and rehabilitation has been completed to the satisfaction of the Department Head; or (b) the posts and markers are removed in accordance with these Regulations— whichever occurs first. Penalty: 10 penalty units. 18. Exemption from marking out licence (1) The holder of a mining licence may apply in writing to the Department Head for an exemption from the requirement to mark out the land covered by the licence if it is impractical to mark out that land in accordance with regulation 20. (2) If the Department Head believes that it is impractical for the holder of the licence to mark out the land covered by the licence in accordance with regulation 20, the Department Head may grant the exemption subject to any conditions the Department Head considers appropriate. (3) Without affecting the generality of sub-regulation (3), the Department Head may grant an exemption if— (a) the licence area is in an urban area and mining will be underground; or (b) the licence is for a stratum of land or includes a stratum of land that lies underground. r. 18 -- 14 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 12 (4) The holder of a licence must comply with any conditions of an exemption. Penalty: 20 penalty units. 19. Removal of corner posts A person must not remove or alter any corner posts, survey markers or offset markers required under these Regulations except— (a) when required to do so by the Department Head; or (b) when regulation 17(4) no longer applies. Penalty: 10 penalty units. 20. Boundary marks on a mining licence (1) The holder of a mining licence marking out land that is covered by the licence must— (a) securely place in the ground white posts of wood or metal standing at least 1 metre above the ground surface and placed so as to clearly establish each corner of the land; and (b) securely fix a metal plate at least 300 mm by 300 mm to each corner post on which sufficient details are legibly recorded to identify the licence holder, the number of the licence and date of expiry of the licence; and (c) cut a trench in the form of a "V" cross section in the direction of the adjacent posts— (i) at least 150 mm deep; and (ii) at least 1000 mm long and commencing between 500 mm and 1000 mm from the corner post. (2) The licence holder may substitute or place survey and offset markers if it is not possible to comply with sub-regulation (1). r. 19 -- 15 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 13 (3) The survey markers and offset markers under sub- regulation (2) must— (a) be located to enable the locations of the corners and the directions of the boundaries of the licence to be identified; and (b) wherever practicable, consist of white posts of wood or metal with a metal plate on which must be legibly recorded the name of the licence holder, the number of the licence and date of expiry of the licence; and (c) be identified on a plan which the licence holder must prepare and lodge with the Department Head. 21. Survey of area of a mining licence (1) The holder of a mining licence covering more than 5 hectares must provide a survey plan of the land covered by the licence to the Department Head within 8 weeks after being requested to lodge a survey plan. (2) The Department Head may extend the period of 8 weeks under sub-regulation (1) on the request of the licence holder. (3) The Department Head may require the holder of a mining licence covering 5 hectares or less to provide a survey plan of the land covered by the licence to the Department Head within the period specified by the Department Head, if the Department Head is satisfied that the failure to provide a survey plan may result in a boundary dispute with a nearby licence. r. 21 -- 16 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 14 22. Application for the renewal of a licence An application under section 29(1) of the Act for the renewal of a mining licence or an exploration licence must— (a) contain the information set out in Schedule 9 (for the renewal of a mining licence) or Schedule 10 (for the renewal of an exploration licence); and (b) be accompanied by the relevant fee specified in item 6 or 7 of Schedule 19. 23. Notice of application for the renewal of a licence The applicant for the renewal of a mining licence must, within 14 days after lodging an application under section 29(1) of the Act, give notice of the application containing the information set out in Schedule 11 to the owner and occupier of the land affected. 24. Renewal of boundary marks The applicant for the renewal of a mining licence under section 29(1) of the Act must— (a) provide information, including the licence number, the date of application for renewal, the length of renewal time sought and the name of the applicant, on metal plates at least 300 mm by 300 mm attached to the corner posts for the renewal area; and (b) unless the applicant is exempt under regulation 18, comply with the provisions of regulation 17(4). 25. Work plan (1) The holder of an exploration licence lodging a work plan under section 40 of the Act must ensure that it contains the information set out in Schedule 12. r. 22 -- 17 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 15 (2) The holder of a mining licence lodging a work plan under section 40 of the Act must ensure it contains the information set out in Schedule 13. (3) Despite sub-regulation (2), a mining licence holder may lodge a work plan containing the information set out in Schedule 12 if the work under the licence is exploration only. (4) For the purposes of section 41(2) of the Act, the information required to be included in an application for a variation of an approved work plan is an explanation of all proposed changes to the approved work plan. 26. Annual activity and expenditure return (1) The holder of a licence must keep a record of the exploration and mining activities undertaken under the licence. Penalty: 10 penalty units. (2) The holder of a licence must submit to the Department Head an annual return of expenditure and activities containing the information set out in Schedule 14 (for an exploration licence) and Schedule 15 (for a mining licence). (3) The holder, or former holder, of a licence must submit the annual return— (a) within 4 weeks after the reporting date specified in sub-regulation (4); and (b) within 4 weeks after the licence ceases to have effect. Penalty: 10 penalty units. r. 26 -- 18 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 16 (4) For the purposes of sub-regulation (3), the reporting date is— (a) for mining licences—30 June; (b) for exploration licences registered or renewed on or after 28 October 2002the date that is specified in the licence or licence renewal as the reporting date; (c) for exploration licences registered before 28 October 2002—one of the following dates, as specified by the Department Head after consultation with the holder, or former holder, of the licence— (i) 30 June; (ii) 30 September; (iii) 31 December; (iv) 31 March. (5) For the purposes of sub-regulation 4(b), one of the following dates must be specified as the reporting date— (a) 30 June; (b) 30 September; (c) 31 December; (d) 31 March. (6) The Department Head may, on a request from the holder, or former holder, of a licence, extend the period for the submission of the return. (7) If the Department Head extends the period of time in accordance with sub-regulation (6), the holder, or former holder, must submit the return within that extended period of time. Penalty: 10 penalty units. r. 26 -- 19 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 17 27. Technical report of exploration (1) The holder of a licence that covers more than 5 hectares must submit an annual technical report in relation to the exploration activities undertaken under the licence containing the information set out in Schedule 16. (2) The holder, or former holder, of the licence must submit the annual report— (a) within 4 weeks after the reporting date specified in sub-regulation (3); and (b) within 4 weeks after the licence ceases to have effect. Penalty: 10 penalty units. (3) For the purposes of sub-regulation (2), the reporting date is— (a) for mining licences—30 June; (b) for exploration licences registered or renewed on or after 28 October 2002—the date that is specified in the licence or licence renewal as the reporting date; (c) for exploration licences registered before 28 October 2002—one of the following dates, as specified by the Department Head after consultation with the holder, or former holder, of the licence— (i) 30 June; (ii) 30 September; (iii) 31 December; (iv) 31 March. r. 27 -- 20 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 18 (4) For the purposes of sub-regulation (3)(b), one of the following dates must be specified as the reporting date— (a) 30 June; (b) 30 September; (c) 31 December; (d) 31 March. (5) A technical report may encompass the activities occurring in relation to more than one licence if the licences are over adjoining areas and have the same reporting date. (6) The Department Head may, on a request from the holder, or former holder, of a licence, extend the period for the submission of the report. (7) If the Department Head extends the period of time in accordance with sub-regulation (6), the holder, or former holder, must submit the return within that extended period of time. Penalty: 10 penalty units. 28. Rent on mining licence (1) In this regulation, an "assessment date" means 30 June and 31 December in any year. (2) The holder of a mining licence must pay the rent specified in item 8 of Schedule 19 in relation to the land covered by the licence as at the assessment date. (3) The holder of the mining licence must pay the rent within 4 weeks after the assessment date. (4) The holder of a mining licence is not required to pay rent in relation to any land once a notice of surrender is submitted to the Minister in relation to the land. r. 28 -- 21 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 19 29. Variation of licence (1) A licence may be varied by the Minister if it is necessary to provide another licensee with access for conveying minerals or materials across the land covered by the licence. (2) The variation may be an excision from the licence. (3) The holder of an exploration licence which surrounds a mining licence may, after the expiry of 28 days from the day on which the mining licence ceases to have effect, request the Minister to include that former mining licence land within the exploration licence. (4) The holder of an exploration licence which surrounds an area covered by an application for a mining licence may, after the expiry of 28 days from the day on which that application ceases to have effect, request the Minister to include that former application area within the exploration licence. (5) The holder of a mining licence which surrounds another mining licence may, after the expiry of 28 days from the day on which the surrounded licence ceases to have effect, request the Minister to include that surrounded area within the mining licence. (6) A request to vary a licence under sub-regulation (3), (4) or (5) is to be treated as an application for a licence for the purposes of section 23 of the Act. (7) The Minister may vary, suspend or revoke a condition of a licence, or add a new condition, if the Minister decides it is necessary to do so to ensure the health and safety of people at a mine in the licence area or to ensure public safety in relation to work done under the licence. r. 29 -- 22 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 20 (8) The circumstances specified in sub-regulations (1), (2), (3), (4), (5) and (7) are prescribed circumstances for the purposes of section 34(2)(d) of the Act. (9) For the purposes of this regulation— (a) an exploration licence surrounds a mining licence or an area covered by an application for a mining licence if the exploration licence shares at least 1 common boundary with the mining licence or the area covered by the application for a mining licence; (b) a mining licence surrounds a mining licence if the mining licence shares at least 1 common boundary with the other mining licence. (10) An application for the variation of a licence under section 34(2)(a) of the Act must be accompanied by the fee specified in item 9 of Schedule 19. 30. Conversion of title An application for the conversion of a former title under item 2(10) of Schedule 2 of the Act must— (a) contain the information set out in Schedule 20; and (b) be accompanied by the fee specified in item 10 of Schedule 19. 31. Tenders For the purposes of section 27(2) of the Act, the information required to be contained in a tender is— (a) in the case of a tender for an exploration licence, all the items specified in Schedule 2; and (b) in the case of a tender for a mining licence, all the items specified in Schedule 3. r. 30 -- 23 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 21 32. Fees for licence transaction The fee for the following licence transactions is the relevant fee specified in item 11 or 12 of Schedule 19 that relates to that transaction— (a) an application for the transfer of a licence under section 33, 33A or 33B of the Act; (b) an application for the amalgamation of a licence under section 36 of the Act made at the request of the licensee. __________________ r. 32 -- 24 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 22 PART 4—MINING REGISTER 33. Information in documents (1) For the purposes of section 69(2)(b) of the Act, the information to be recorded in relation to a document listed in column 2 of Schedule 21 is the information set out in relation to that document in column 3 of that Schedule. (2) The Department Head must register documents accepted for registration as soon as is practicable. 34. Fees for information (1) The fee for access to the register under section 74(1)(a) of the Act is $25 for each occasion that the Department Head allows a person access to the register. (2) The fee for the provision of information under section 74(1)(b) of the Act is $8.00 for the first printed page and $1.00 for each additional printed page. (3) The fee for the provision of a copy of a licence under section 74(1)(c) of the Act is $8.00. (4) The fee for the provision of a copy of a work plan or a variation to a work plan under section 74(1)(d) or 74(1)(e) of the Act is $8.00 for the first printed page and $1.00 for each additional page or $2.00 for each additional page printed in colour. (5) The fee for a certificate of information issued by the Department Head under section 76 of the Act is $25. r. 33 -- 25 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 23 35. Certificate of information A certificate of information is in the prescribed form under section 76 of the Act if it states that it is a certificate of information issued under section 76 by the Department Head. 36. Approved form For the purposes of section 71 of the Act, an instrument is in an approved form if it is in a form approved by the Department Head. __________________ r. 35 -- 26 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 24 PART 5—MINING INFRINGEMENTS 37. Offences (1) For the purposes of Part 12 of the Act, a mining infringement is an offence listed in column 2 of Schedule 22. (2) For the purposes of section 106(5) of the Act, the penalty prescribed for a mining infringement is the amount in column 4 of Schedule 22 set out opposite the mining infringement. (3) A summary of a mining infringement in column 3 of the Schedule is not to be taken to affect the nature or elements of an offence to which the summary refers or the operation of these Regulations. 38. Form of infringement notice An infringement notice is in the prescribed form under section 106(2) of the Act if it states that it is an infringement notice in relation to a mining infringement. 39. Particulars of an infringement notice For the purposes of section 106(2) of the Act, the prescribed particulars that an infringement notice must contain are— (a) a reference to the fact that it is an infringement notice; and (b) the date on which the notice is issued; and (c) the number of the notice; and (d) the name and address (if known) of the person alleged to have committed the infringement or the words "The Licensee" or "The Manager" (as appropriate); and r. 37 -- 27 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 25 (e) the date and approximate time and place of commission of the alleged infringement; and (f) a brief description of any machinery or tools involved; and (g) a description of the alleged infringement which adequately identifies the alleged offence; and (h) the amount of the prescribed penalty and where it is to be paid; and (i) a statement to the effect that if the amount of the penalty is paid on time the matter will not be brought before a court unless, before the expiration of the period specified in the notice as the time for payment of the penalty, a prosecution officer gives notice that the mining infringement notice has been withdrawn; and (j) the name and signature of the inspector who issued the notice. 40. Service of infringement or withdrawal notice A mining infringement notice or withdrawal notice may be served by personally serving the notice on the alleged offender or by sending the notice by post addressed to the alleged offender at his, her or its last known place of residence or business or, in the case of a body corporate, the registered office of the body corporate. 41. Form of withdrawal notice A mining infringement withdrawal notice is in the prescribed form under section 106(3) of the Act if it refers to the fact that it is a withdrawal notice in relation to an infringement notice and it includes— r. 40 -- 28 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 26 (a) the name and address of the person on whom the mining infringement notice was served; and (b) the number and date of issue of the mining infringement notice; and (c) a statement that the mining infringement notice has been withdrawn; and (d) if it is intended that court proceedings may be instituted against the person in respect of the alleged infringement, a statement to that effect; and (e) if a payment has been made in respect of the infringement penalty, a statement that the amount so paid will be refunded. 42. Payment of penalty Payment of a penalty under section 107 of the Act may be made by sending the amount of the penalty by post, or by delivering it, to the address specified in the notice as the address for payment of the penalty. 43. Prior convictions (1) A document for the purposes of section 108(1) of the Act is in the prescribed form if it contains— (a) the name of the informant; and (b) the name and address of the person to whom the convictions relate; and (c) brief details of each prior conviction, being a statement of the court at which the person is alleged to have been convicted, the date of the conviction, a short description of the alleged offence and a short description of the alleged penalty imposed. r. 42 -- 29 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 27 (2) A notice for the purposes of section 108(2) of the Act is in the prescribed form if it states that if the person does not appear in answer to the summons served with the notice and if the person is convicted of the infringement alleged in the summons, the document will be admissible as evidence that the person has been convicted previously as alleged. __________________ r. 43 -- 30 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 28 PART 6—DISCLOSURE OF INTEREST 44. Definitions (1) In this Part— "domestic partner" of a person means an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person— (a) for fee or reward; or (b) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); "family" in relation to an officer, means— (a) a spouse or domestic partner of that officer; or (b) any related person who is under the age of 18 years and who normally resides with that officer; "officer" means a person to whom section 118 of the Act applies; "spouse" of a person means a person to whom the person is married. r. 44 -- 31 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 29 (2) For the purposes of the definition of "domestic partner" in sub-regulation (1)— (a) in determining whether persons are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 275(2) of the Property Law Act 1958 as may be relevant in a particular case; (b) a person is not a domestic partner of another person only because they are co-tenants. 45. Duty of disclosure (1) An officer— (a) who has an interest exceeding $1000 in value derived from exploration or mining operations in Victoria; or (b) who has an interest, or who experiences a change in an interest (whether of a pecuniary nature or not) which might appear to raise a conflict with the officer's responsibilities as an officer engaged in the administration of the Act— must disclose the interest or income source in accordance with these Regulations. Penalty: 10 penalty units. (2) An officer to whom sub-regulation (1) applies must not perform or exercise any function or power under the Act in relation to the matter to which the interest relates unless the Minister authorises him or her to do so. Penalty: 10 penalty units. r. 45 -- 32 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 30 (3) Sub-regulation (1) does not apply to any remuneration or allowance received by an officer under the Act or the Public Sector Management and Employment Act 1998. 46. Officer must submit statement of disclosure (1) An officer must submit to the Minister a statement of disclosure which contains the information specified in Schedule 23 within 30 days after becoming an officer. Penalty: 10 penalty units. (2) An officer must submit to the Minister a statement of disclosure which contains the information specified in Schedule 23 when notifying any change in an interest. Penalty: 10 penalty units. 47. Disclosure of interest register The Minister must maintain an interest register containing completed statements of disclosure. 48. Inspection of register The register must be kept at a place nominated by the Minister and must be open to inspection by any person who has the consent of the Minister. 49. Report of names of people making disclosures The Minister must as soon as is practicable after 30 June each year prepare a list of the names and positions of people who have submitted a statement of disclosure and include the list in the report of operations of the Department under Part 7 of the Financial Management Act 1994. __________________ r. 46 -- 33 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 31 SCHEDULES SCHEDULE 1 Regulation 4 REVOKED REGULATIONS S.R. No. Title 222/1991 Mineral Resources (Titles) Regulations 1991 224/1991 Mineral Resources (Infringements) Regulations 1991 225/1991 Mineral Resources (Royalties) Regulations 1991 226/1991 Mineral Resources (Disclosure of Interest) Regulations 1991 227/1991 Mineral Resources (Health and Safety) Regulations 1991 254/1992 Mineral Resources (Titles) (Amendment) Regulations 1992 255/1992 Mineral Resources (Health and Safety) (Fees Amendment) Regulations 1992 5/1994 Mineral Resources (Health and Safety) (Amendment) Regulations 1994 6/1994 Mineral Resources (Titles) (Amendment) Regulations 1994 7/1994 Mineral Resources (Infringements) (Amendment) Regulations 1994 33/1994 Mineral Resources (Titles) (Further Amendment) Regulations 1994 105/1994 Mineral Resources (Health and Safety) (Further Amendment) Regulations 1994 143/1995 Mineral Resources (Health and Safety in Large Open-cut Mines) Regulations 1995 173/1995 Mineral Resources (Health and Safety) (Fees) Regulations 1995 175/1995 Mineral Resources (Titles) (Fees) Regulations 1995 54/2000 Mineral Resources (Titles) (Fees and Rentals) Regulations 2000 Sch. 1 -- 34 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 32 S.R. No. Title 55/2000 Mineral Resources (Royalties) (Amendment) Regulations 2000 71/2001 Mineral Resources Development (Consequential Amendments) Regulations 2001 __________________ Sch. 1 -- 35 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 33 SCHEDULE 2 Regulations 11 and 31 INFORMATION REQUIRED IN APPLICATION FOR EXPLORATION LICENCE 1. Name and address of applicant/s (if the applicant is a company, the registered address of the company). 2. The address for correspondence of each applicant (if different from the above). 3. If the applicant is a company— (a) a list of the directors of the company; and (b) a copy of the certificate of registration of the company. 4. Area of land applied for in km2. 5. An attached map of 1:100 000 scale indicating the land applied for (the map must show graticular sections as defined in section 4(1) of the Mineral Resources Development Act 1990). 6. If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title Act 1993 of the Commonwealth (if required)— (a) excision of all Crown land except those areas where native title has been extinguished; (b) compliance with the right to negotiate provisions of that Act; (c) the entering into of an indigenous land use agreement under that Act. 7. The estimated annual expenditure for the first 2 years of the licence and the estimated total expenditure for the first 5 years. 8. Evidence of financial capability to fund the estimated expenditure to undertake the proposed program of work (refer item 11). 9. The names and qualifications of technical advisers who will be assisting in the exploration program (if the advisers are not employees of the applicant, include evidence that the advisers have agreed to assist in the exploration). 10. Details of the applicant's experience in exploration or mining activities. Sch. 2 -- 36 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 34 11. Details of the program of work including— (a) the nature of the program proposed (a preliminary assessment of literature, geotechnical exercises, drilling of delineated targets, etc.); (b) as far as is practicable, an indication of the location and focus of the proposed exercises with location maps; (c) a description of the nature of the targets that the program seeks to delineate; (d) a description of the geological rationale behind the proposed program; (e) an estimated timing schedule of the exploration program. 12. Indication of whether the program of work will be the work plan (see note 1 below). 13. Preferred annual reporting date. 14. Signature of the applicant/s (see notes 2 and 3 below). 15. Date of application. Notes 1. If the work program is to be considered as the work plan the work program must contain the details specified in Schedule 12 (being requirements for work plans). This does not apply to low impact exploration that does not require a work plan. 2. Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application. 3. If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application. 4. The Department will advise the applicant as to whether native title has been extinguished. __________________ Sch. 2 -- 37 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 35 SCHEDULE 3 Regulations 12 and 31 INFORMATION REQUIRED IN APPLICATION FOR MINING LICENCE 1. Name and address of applicant/s (if the applicant is a company, the registered address of the company). 2. The address for correspondence of each applicant (if different from the above). 3. If the applicant is a company— (a) a list of the directors of the company; and (b) a copy of the Certificate of registration of the company. 4. An attached map of 1:25 000 scale or larger indicating the land applied for. The map must clearly show— (a) any boundaries of private and Crown land; (b) the extent of land used as agricultural land as defined in section 4(1) of the Mineral Resources Development Act 1990. 5. The names and addresses of the owner/occupier of any private land covered by the licence. 6. If the application includes Crown land, indicate which of the following options will be utilised to comply with the Native Title Act 1993 of the Commonwealth (if required) (a) excision of all Crown land except those areas where native title has been extinguished; (b) compliance with the right to negotiate provisions of that Act; (c) the entering into of an indigenous land use agreement under that Act. 7. If the application includes land which is covered by an exploration licence, indicate which of the following options will be met— (a) the applicant is the holder of the exploration licence; (b) a letter of consent to the application from the holder of the exploration licence is attached to the application; Sch. 3 -- 38 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 36 (c) the application is for 5 hectares or less and the exploration licence was granted more than 2 years ago and— (i) the applicant intends to request the consent of the holder of the exploration licence; or (ii) a request for a waiver of the need for consent is attached to the application. 8. Term required (in years). 9. Mineral(s) proposed to be mined. 10. The estimated annual expenditure for the first 5 years of the licence. 11. Evidence of financial capability to fund the proposed program of work (refer item 14). 12. The names and qualifications of technical advisers who will be assisting in the mining program (if the advisers are not employees of the applicant then evidence that the advisers have agreed to assist in the mining program). 13. Details of the applicant's experience in mining activities. 14. Details of the program of work including a sketch map of the location of the proposed works in relation to the boundaries of the land included in the application and a brief description of the proposed type of works including, if required, the type of ore treatment. 15. Preferred annual reporting date. 16. Signature of the applicant/s (see notes 1 and 2 below). 17. Date of application. Notes 1. Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application. 2. If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application. 3. The Department will advise the applicant as to whether native title has been extinguished. __________________ Sch. 3 -- 39 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 37 SCHEDULE 4 Regulation 13 Mineral Resources Development Act 1990 MINER'S RIGHT $ Place issued: Date: Issued to (Insert full name) of (Insert full residential/business address) under the Mineral Resources Development Act 1990, to be in force from until I, the holder of this Miner's Right, agree to search for minerals only in the circumstances authorised by section 55 of the Act and to comply with section 58 of the Act. Signature of Holder Signature of person authorised to issue __________________ Sch. 4 -- 40 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 38 SCHEDULE 5 Regulation 14 INFORMATION REQUIRED IN APPLICATION FOR TOURIST FOSSICKING AUTHORITY 1. Name and address of the applicant/s. 2. The address for correspondence of each applicant (if different from the above). 3. A description of the tourist activity proposed. 4. Details of the number of people expected to search for minerals under the authority (for example, the expected weekly average). 5. An attached map showing the boundaries of the land to which the application applies or a description of the boundaries of the land to which the application applies (for example, by shire boundaries and Crown allotments). 6. If an area of land covered by the application includes land covered by a mining licence, evidence of the consent of the licensee to the granting of the authority or a request that the application not apply to any area of land covered by a mining licence. 7. Signature of the applicant/s. 8. Date of application. __________________ Sch. 5 -- 41 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 39 SCHEDULE 6 Regulation 15 INFORMATION REQUIRED IN APPLICATION FOR TOURIST MINE AUTHORITY 1. Name and address of the applicant/s. 2. The address for correspondence of each applicant (if different from the above). 3. General location of the tourist mine. 4. Area of land applied for in hectares. 5. An attached map of 1:25 000 scale or larger of the tourist mine which clearly shows any boundaries of private land or Crown land. 6. Evidence of the consent of the owner and occupier of the land and any licensee. 7. Details of the mining licence (if applicable) including the name and address of the licensee and the licence number. 8. Name and address of the owner and occupier. 9. Details of the tourist proposal, including— (a) the total cost of project; (b) the expected completion date of project; (c) the annual number of people expected to visit the tourist mine; (d) the names and qualifications of technical advisers who will be assisting with the project and evidence that the advisers have agreed to assist with the project; (e) evidence of financial capability to fund the project; (f) a description of the tourist activities proposed. 10. Name and address of the proposed mine manager. 11. Signature of the applicant/s. 12. Date of application. __________________ Sch. 6 -- 42 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 40 SCHEDULE 7 Regulation 16(1) INFORMATION REQUIRED IN NOTICE OF APPLICATION FOR EXPLORATION LICENCE 1. Name and address of applicant/s. 2. Contact phone number of applicant for map requests. 3. Details of the application, including— (a) the application number; (b) the locality of the land to which the application relates; (c) the approximate area of land to which the application relates in km2; (d) the date of the application; (e) the nature of the proposed exploration program. 4. A statement that any person may object within 21 days to the grant of a licence under section 24 of the Mineral Resources Development Act 1990 and that gives details as to how a person can object to the grant of the licence, including the current address details of the Department. 5. For the notice appearing in the newspaper circulating in the locality of the licence application area, a map clearly identifying the land to which the application relates, including relevant roads and place names. 6. Date of application. __________________ Sch. 7 -- 43 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 41 SCHEDULE 8 Regulation 16(2) INFORMATION REQUIRED IN NOTICE OF APPLICATION FOR MINING LICENCE 1. Name and address of applicant/s. 2. Contact phone number of applicant for map requests. 3. Details of the application, including (a) the application number; (b) the locality of the land to which the application relates; (c) the approximate area of land to which the application relates in hectares; (d) the date of the application; (e) the nature of the proposed work program; (f) the term of licence applied for; (g) the date authority to enter granted (if applicable). 4. A statement that any person may object within 21 days to the grant of a licence under section 24 of the Mineral Resources Development Act 1990 and that gives details as to how a person can object to the grant of the licence, including the current address details of the Department. 5. If the land to which the application relates includes agricultural land, the following statement: "If the licence is granted and work is proposed on agricultural land, landowners and occupiers of the agricultural land must be given a statement of the economic significance of that work within 6 months after the licence is granted. The owner or occupier of the agricultural land has 30 days after receiving the statement to apply in writing to excise the land from the licence which must include an assessment of the benefits to Victoria of continuing the agricultural use. For further details, refer to section 26B of the Mineral Resources Development Act 1990.". 6. If the land to which the application relates includes agricultural land, a statement as to whether the applicant, as at the date of the application, proposes works on agricultural land not owned by the applicant. Sch. 8 -- 44 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 42 7. For the notice appearing in the newspaper circulating in the locality of the licence application area, a map clearly identifying the land to which the application relates, including relevant roads and place names. 8. Date of application. __________________ Sch. 8 -- 45 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 43 SCHEDULE 9 Regulation 22 INFORMATION REQUIRED IN APPLICATION FOR RENEWAL OF MINING LICENCE 1. Name and address of applicant/s (if the applicant is a company, the registered address of the company). 2. The address for correspondence of each applicant (if different from the above). 3. The number of the licence to which the application relates. 4. Details of the reasons for renewal. 5. Details of the program of work (indicate if a variation to the work plan will be sought). 6. The estimated expenditure for the next 5 years of the licence. 7. The term of renewal required (in years). 8. Signature of the applicant/s (see notes 1 and 2 below). 9. Date of application. Notes 1. Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application. 2. If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application. __________________ Sch. 9 -- 46 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 44 SCHEDULE 10 Regulation 22 INFORMATION REQUIRED IN APPLICATION FOR RENEWAL OF EXPLORATION LICENCE 1. Name and address of applicant/s (if the applicant is a company, the registered address of the company). 2. The address for correspondence of each applicant (if different from the above). 3. The number of the licence to which the application relates. 4. Details of the reasons for renewal. 5. Details of the program of work. 6. The estimated expenditure for the next 5 years of the licence. 7. The term of renewal required (in years). 8. Signature of the applicant/s (see notes 1 and 2 below). 9. Date of application. Notes 1. Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application. 2. If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application. __________________ Sch. 10 -- 47 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 45 SCHEDULE 11 Regulation 23 INFORMATION REQUIRED IN NOTICE OF APPLICATION FOR RENEWAL OF MINING LICENCE TO OWNER AND OCCUPIER OF LAND 1. Name and address of applicant/s (if the applicant is a company, the registered address of the company). 2. Details of the application for renewal, including— (a) the number of the licence to which the application relates; (b) the locality of the land to which the application relates; (c) the area of land to which the application relates in km2; (d) the date of the application; (e) the term of renewal applied for; (f) the nature of the proposed work program. 3. Signature of the applicant/s. 4. Date of application. __________________ Sch. 11 -- 48 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 46 SCHEDULE 12 Regulation 25 INFORMATION REQUIRED IN WORK PLAN FOR AN EXPLORATION LICENCE 1. A description of the proposed works, including details of the potential environmental impacts and the measures proposed for their control or mitigation. 2. If specific sites have been identified for drilling or other earthworks, a map showing the general location of those works, including any details regarding the cutting of tracks or roads. 3. A description of the proposed rehabilitation of any areas subject to surface disturbance including re-vegetation proposals and where relevant, proposals for the removal of plant and equipment. 4. A description of the proposed arrangements for consultation with landowners and Crown land managers and local councils. 5. Information about the proposed methods of monitoring, auditing and reporting impacts on the environment. 6. An occupational health and safety plan that demonstrates, so far as is practicable, that the works are designed and will be operated so as to be safe and without risks to health. __________________ Sch. 12 -- 49 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 47 SCHEDULE 13 Regulation 25 INFORMATION REQUIRED IN WORK PLAN FOR A MINING LICENCE For mining licences exceeding 5 hectares 1. A general description of geological information including, if available, estimates of ore resources and reserves. 2. A general location plan at scale of 1:100 000 or 1:50 000. 3. A regional plan at scale of 1:25 000 showing the extent of Crown lands, private lands, private land allotments for the proposed work plan area, and, where possible, parks and reserves, within 2 km of the site. 4. A site plan at 1:1000, 1:2500 or other appropriate scale, including cross- sections, showing and describing existing surface contours, etc., and also including— (a) the proposed buildings and surface facilities; and (b) the anticipated extent of open cut extraction, with proposed bench height, berm details and working batters; and (c) the sequencing of open cut extraction; and (d) the location of topsoil dumps, and waste dumps or stockpiles; and (e) proposals for landscaping of the site, including buffer zones; and (f) access roads; and (g) if underground mining is proposed, a schematic drawing showing underground development and the proposed extent of stoping. 5. A description of the metallurgical and mineral recovery methods to be used. 6. A rehabilitation plan that— (a) addresses concepts for the end utilisation of the site; and (b) includes a proposal for the progressive rehabilitation and stabilisation of extraction areas, road cuttings and waste dumps, including re-vegetation species; and Sch. 13 -- 50 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 48 (c) includes proposals for the end rehabilitation of the site, including the final security of the site and the removal of plant and equipment. 7. An environmental management plan which— (a) identifies the key environmental issues for the proposal and includes details of background data, baseline studies or existing conditions in relation to environmental issues; (b) includes proposals for the management of environmental impacts including nomination of targets and proposals for the mitigation, control or reduction of impacts; (c) includes proposals for the management of wastes including consideration of the principles of waste minimisation; (d) includes a proposed monitoring program addressing the key environmental issues; (e) includes a proposal for reporting outcomes of the plan to the local community. 8. An occupational health and safety plan that demonstrates, so far as is practicable, that the works are designed and will be operated so as to be safe and without risks to health. For mining licences not exceeding 5 hectares 1. A general description of any test work undertaken in the licence area. 2. A general location plan with a scale of 1:100 000, 1:50 000 or 1:25 000. 3. A plan of the licence area at an appropriate scale which shows— (a) the proposed buildings and surface facilities; and (b) access roads and tracks; and (c) the location of any proposed tailings dams and water dams; and (d) the general drainage pattern of the area; and (e) the anticipated sequencing and extent of any open cut extraction; and (f) if underground mining is proposed, a schematic drawing showing underground development and the proposed extent of stoping. 4. A description of proposed mineral recovery methods. Sch. 13 -- 51 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 49 5. A description of rehabilitation proposals including— (a) proposals for the progressive rehabilitation and stabilisation of extraction areas; and (b) proposals for the removal of any plant or equipment (if relevant). 6. An occupational health and safety plan that demonstrates, so far as is practicable, that the works are designed and will be operated so as to be safe and without risks to health. __________________ Sch. 13 -- 52 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 50 SCHEDULE 14 Regulation 26 INFORMATION REQUIRED IN EXPENDITURE AND ACTIVITIES RETURN—EXPLORATION LICENCE 1. Exploration licence number (One only per return). 2. Reporting Period. 3. Name and role of person completing the return. 4. Expenditure on office studies including— (a) literature search; (b) database compilation; (c) computer modelling; (d) reprocessing of data; (e) general research; (f) report preparation; (g) other (specify). 5. Expenditure on airborne exploration surveys and the number of line kilometres flown for— (a) aeromagnetics; (b) radiometrics; (c) electromagnetics; (d) gravity; (e) digital terrain modelling; (f) other (specify). 6. Expenditure on remote sensing including— (a) aerial photography; (b) LANDSAT satellite imagery; (c) SPOT satellite imagery; (d) multi spectral scanner; (e) other (specify). Sch. 14 -- 53 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 51 7. Expenditure on ground exploration including— (a) geological mapping— (i) regional; (ii) reconnaissance; (iii) prospect; (iv) underground; (v) costean; (b) ground geophysics— (i) radiometrics; (ii) magnetics; (iii) gravity; (iv) digital terrain modelling; (v) electromagnetics; (vi) self potential; (vii) induced polarization; (viii) audio-magnetotelluric; (ix) resistivity; (x) complex resistivity; (xi) seismic reflection; (xii) seismic refraction; (xiii) well logging; (xiv) geophysical interpretation; (xv) petrophysics (xvi) other (specify); (c) geochemical surveying (state number of samples)— (i) drill (cuttings, core etc.); (ii) stream sediment; (iii) soil; (iv) rock chip; (v) laterite; Sch. 14 -- 54 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 52 (vi) water; (vii) biogeochemistry; (viii) isotope; (ix) whole rock; (x) mineral analysis; (xi) drill sample; (xii) laboratory analysis (specify element and type); (xiii) other (specify); (d) petrology. 8. Expenditure on drilling, number of holes and total metres drilled, for— (a) diamond drilling; (b) reverse circulation; (c) rotary air blast; (d) air core; (e) other (specify). 9. Expenditure on development studies including— (a) costeaning / ditchwitching; (b) bulk sampling; (c) mill process testing; (d) ore reserve calculation; (e) shaft restoration or other underground development (describe); (f) mineral processing; (g) other (specify). 10. Expenditure on rehabilitation— (a) after drilling; (b) track maintenance; (c) monitoring; (d) other (specify). 11. Total reported expenditure. Sch. 14 -- 55 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 53 12. Any comment on administrative matters related to exploration on the licence during the reporting period including progress on landowner compensation agreements, purchase of equipment, timing of surveys, etc. 13. Signature 14. Date __________________ Sch. 14 -- 56 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 54 SCHEDULE 15 Regulation 26 INFORMATION REQUIRED IN EXPENDITURE AND ACTIVITIES RETURN—MINING LICENCE 1. Expenditure on wages and salaries. 2. Expenditure on equipment, plant or machinery. 3. Expenditure on administration and consumables and other costs. 4. Expenditure on rehabilitation (see description in clause 6). 5. Expenditure on exploration (see Note 1 below). 6. Details of the mining work during the reporting period including— (a) a detailed current plan of any underground mine; (b) a description and quantities of ore and waste mined and treated (see Note 2 below); (c) a description of any development or extensions to surface mine facilities and works such as treatment plant, tailings dams etc.; (d) a description of any shaft or underground development including depth or distance developed. 7. Details of land disturbance and rehabilitation, including— (a) the total current area of land disturbed; (b) the area disturbed during the last reporting period; (c) the area rehabilitated* over the last reporting period; (d) the percentage of area included in paragraph (c) that is revegetated with local native vegetation; (e) the area of tailings dams; (f) an estimate of the current rehabilitation liability for the licence area. *Rehabilitated means landforming complete and planting undertaken. Further land management may be required. 8. Details of the environmental management activities undertaken during the reporting period, including— (a) the volume and composition of tailings produced; (b) the volume and composition of other waste streams produced; Sch. 15 -- 57 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 55 (c) the results of the environmental monitoring carried out in accordance with the work plan and conditions; (d) details of any failure to meet site-specific environmental targets; (e) details of any unauthorised discharges or failure to meet statutory requirements; (f) details of complaints received and corrective actions undertaken; and (g) details of any environmental management initiatives implemented. Notes 1. The technical results and geological interpretation of exploration works must be separately reported in accordance with regulation 27. 2. The production and sale of minerals must be reported for the purposes of royalty assessment and payment in accordance with regulation 10. __________________ Sch. 15 -- 58 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 56 SCHEDULE 16 Regulation 27 INFORMATION REQUIRED IN TECHNICAL REPORT 1. A complete record of all geological, geophysical, geochemical and other technical investigations with relevant maps showing locations of surveys. 2. A complete record of all drill holes and excavations with logs and relevant maps showing locations. 3. Details of any material tested along with assay results. 4. A summary of any ore resource or reserves identified in a manner which accords with any industry standard. 5. Any interpretations formed as a result of surveys or activities undertaken. 6. Details of maps and sections related to the Australian Map Grid (AGD66 coordinates) or the Map Grid of Australia (GDA94 coordinates) and the National Topographic Map Series. 7. Data submitted in an electronic form which accords with any industry standard. 8. Text and maps etc. submitted in an electronic form which accords with any industry standard. 9. Author 10. Date __________________ Sch. 16 -- 59 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 57 SCHEDULE 17 Regulation 11 Mineral Resources Development Act 1990 EXPLORATION LICENCE No. I, the Minister, grant to of this exploration licence. The licence is granted under section 25 of the Act, over the area described in the attached document plan. The licence is effective to/for (insert expiry date or term of years from date of registration). This licence is subject to the following conditions and to the Schedule of Conditions attached— 1. Only low impact exploration work may be undertaken in the licensed area until the licensee has an approved work plan. 2. Activities in the licensed area must be limited to those specified in the Act and the licence. 3. The licensee must expend in connection with exploration of the land a minimum of: $ in the first year of the term of the licence, $ in the second year of the term of the licence, $ in the third year of the term of the licence, $ in the fourth year of the term of the licence, $ in the fifth year of the term of the licence. unless I, or any of my successors as Minister, vary this requirement under the Act or suspend the application of this requirement for a specified period. The required expenditure may be varied on the second and fourth anniversaries of the licence grant if the area of the licence is decreased in accordance with section 38A of the Act. 4. The licensee must report immediately in writing to the Department Head the discovery of minerals potentially capable of production in commercial quantities. 5. The reporting date is Sch. 17 -- 60 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 58 SCHEDULE OF CONDITIONS __________________ Sch. 17 -- 61 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 59 SCHEDULE 18 Regulation 12 Mineral Resources Development Act 1990 MINING LICENCE No. I, the Minister, grant to of this mining licence. The licence is granted under section 25 of the Act and is effective to/for (insert expiry date or term of years from date of registration). This licence is subject to the following conditions and to the Schedule of Conditions attached— 1. The authority given under this licence applies only within the land indicated on the attached plan and is subject to the depth restrictions, if any, indicated on that plan under section 15(9) or 26(3A) of the Act. 2. The licensee must keep a copy of— (a) this licence; and (b) any approved work or approved variation to a work plan; and (c) any registered work authority— at a location in or near the licensed area so that an inspector or any other authorised officer can readily inspect them. 3. On receiving a work authority, the licensee must notify an inspector of mines and, if required by that inspector, must arrange an on-site briefing for any people the inspector may nominate. 4. The licensee must, from the specified date* expend $ per year on work in the licensed area, unless I, or any of my successors as Minister, vary this requirement under the Act or suspend the application of this requirement for a specified period. *specified date means— (a) the date of the grant of the licence, if low impact exploration will be undertaken; or (b) the date of the approval of the work plan, if exploration other than low impact exploration will be undertaken; or (c) in any other case, the date of registration of the work authority. Sch. 18 -- 62 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 60 5. On discovering an additional economic deposit of minerals, the licensee must report the occurrence to the Department Head giving the estimated size, grade and suitability for mining of the deposit, and an estimate of the value of the deposit at the time of discovery. 6. Unless otherwise provided for by Schedule 2 to the Act, the licensee must submit preliminary details of the proposed work plan within 6 months after the registration of this licence or any longer period that may be approved by the Department Head. 7. If exploration is being undertaken under the licence, the licensee must submit a work plan for approval within 3 months after registration of the licence or such longer period as the Department Head may approve. 8. The licensee must pay rent from the date of registration of the work authority. 9. The licensee must work in accordance with any approved work plan including any time frames specified in the approved work plan. SCHEDULE OF CONDITIONS __________________ Sch. 18 -- 63 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 61 SCHEDULE 19 FEES AND RENTALS Item No. Reg. No. Nature of fee Amount 1 11 Application fee for an exploration licence $900 per 500 square kilometres 2 12 Application fee for a mining licence $400 for 5 hectares or less; or for greater than 5 hectares, $1350 for every 260 hectares 3 13 Application fee for a miner's right $25 4 14 Application fee for a tourist fossicking authority $300 5 15 Application fee for a tourist mine authority $550 6 22 Application fee for renewal of a mining licence $150 for 5 hectares or less; or for greater than 5 hectares, $850 for every 260 hectares 7 22 Application fee for renewal of an exploration licence $900 per 500 square kilometres 8 28 Rent for a mining licence $15 per hectare 9 29 Application fee for variation of a licence $100 10 30 Application fee for conversion of a former title to the corresponding new title $150 11 32 Application for transfer of a licence $300 12 32 An amalgamation of a licence under section 36 of the Act made at the request of the licensee $300 __________________ Sch. 19 -- 64 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 62 SCHEDULE 20 Regulation 30 INFORMATION REQUIRED IN APPLICATION FOR CONVERSION OF FORMER TITLE TO CORRESPONDING NEW TITLE 1. Name and address of applicant/s (if the applicant is a company, the registered address of the company). 2. The address for correspondence of each applicant (if different from the above). 3. If the applicant is a company— (a) a list of the directors of the company; and (b) a copy of the certificate of registration of the company. 4. Description of former title. 5. Reasons for seeking conversion. 6. Indicate whether it is proposed to change the current working method/proposal and, if so, whether a new work plan has been submitted. 7. Signature of the applicant/s. 8. Date of application. Notes 1. Applications made by a company must be signed by a company director or company secretary or alternatively by a person who provides written evidence that he or she is authorised to act on behalf of the company with respect to the application. 2. If an application is made and submitted by a person acting on behalf of another party, the applicant must provide written evidence that he or she is authorised to act on behalf of that other party with respect to the application. __________________ Sch. 20 -- 65 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 63 SCHEDULE 21 Regulation 33 INFORMATION IN DOCUMENTS REQUIRED TO BE RECORDED IN THE REGISTER Column 1 Sub- paragraph S. 69(2)(a) Column 2 Document Column 3 Information to be included (i) Licence Licence type/number, Date of grant of licence, Name/s of licensee/s, Address/es of licensee/s, Area (ha/km2), Stratum of land (if relevant), Minerals proposed to be mined (ia) Instrument of refusal of application for licence Licence application type/ number, Date refused, Name/s of licensee/s, Address/es of licensee/s (ii) Compensation agreement Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Title description of land covered by agreement, Names of parties to agreement (iii) Rehabilitation bond Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Bond amount, Date of bond document (iv) Approved work plan Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Date of work plan approval or date of variation approval (v) Work authority Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Date of work authority (vi) Instrument of renewal of licence including notice of decreased area and of any changed conditions Licence type/number, Date of renewal of licence, Name/s of licensee/s, Address/es of licensee/s, Area (ha/km2), Area relinquished/refused if relevant, Stratum of land (if relevant), General nature and purpose of any changed conditions Sch. 21 -- 66 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 64 Column 1 Sub- paragraph S. 69(2)(a) Column 2 Document Column 3 Information to be included (vii) Instrument of refusal to renew licence Licence type/number, Date refused, Name/s of licensee/s, Address/es of licensee/s, Area (ha/km2 ), Stratum of land (if relevant) (viii) Instrument of variation of licence Licence type/number, Name/s of licensee/s, Area (ha/km2 ) (if relevant), Date of variation, General nature and purpose of variation, Stratum of land (if relevant) (ix) Instrument of amalgamation of licences Licence type/numbers, Date of grant of licences, Amalgamated licence number, Name/s of licensee/s, Area (ha/km2) of amalgamated licence, Date of amalgamation, Stratum of land (if relevant) (x) Notice of surrender of licence Licence type/number, Date notice of surrender submitted, Name/s of licensee/s, Address/es of licensee/s, Area surrendered (ha/km2 ), Area retained (ha/km2) (if relevant), Stratum of land (if relevant) (xi) Instrument of cancellation of licence Licence type/number, Date of notice of intention to cancel, Name/s of licensee/s, Address/es of licensee/s, Area (ha/km2), Date of cancellation, Stratum of land (if relevant) (xii) Instrument of variation, suspension, revocation or addition of licence conditions Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/km2) (if relevant), Date of instrument approval, General nature and purpose of instrument, Stratum of land (if relevant) (xiii) Approved instrument of transfer of licence Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/km2), Date of instrument approval, Name/s of transferee/s, Address/es of transferee/s, Stratum of land (if relevant) Sch. 21 -- 67 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 65 Column 1 Sub- paragraph S. 69(2)(a) Column 2 Document Column 3 Information to be included (xiv) Instrument for creating, assigning or affecting interests in, or conferred by, licences (including mortgages) Licence type/number, Name/s of licensee/s, Area (ha/km2 ), Name/s of other parties involved, Address/es of parties involved, General nature and purpose of instrument, Stratum of land (if relevant) (xv) Instrument for devolution of licence or interest in, or conferred by, licence Licence type/number, Name/s of licensee/s, Area (ha/km2 ), Name/s of other parties involved, Address/es of parties involved, Stratum of land (if relevant) (xvi) Determination of the Tribunal or the Supreme Court as to the amount of compensation payable Licence type/number, Name/s of licensee/s, Title description of land covered by agreement, Names of parties to agreement __________________ Sch. 21 -- 68 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 66 SCHEDULE 22 Regulation 37 MINING INFRINGEMENTS Item Mining Infringement Summary of Infringement Penalty 6010 An offence under section 8 of the Act as a person, other than the Crown, prospect, fossick or otherwise search for minerals, or carry out any exploration or mining, on any land other than in accordance with section 8(1)(a) or (b) of the Mineral Resources Development Act 1990 $500 6020 An offence under section 38AA(1) of the Act as the holder of a mining licence, fail to survey and mark out boundaries of the land covered by the licence in accordance with the regulations $1000 6030 An offence under section 38AE of the Act enter any land, or carry out any surveying or marking out, without the required insurance in the required amount $1000 6040 An offence under section 39(1) of the Act as a person other than the Crown, do any work under a licence otherwise than in accordance with the licence or as authorised by a minerals exemption $1000 6050 An offence under section 39(3) of the Act as a holder of a mining licence, do work under a licence without a work authority (except as permitted by section 39(4) of the Mineral Resources Development Act 1990) $1000 6060 An offence under section 39(5) of the Act do work under a licence without the required insurance in the required amount $1000 Sch. 22 -- 69 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 67 Item Mining Infringement Summary of Infringement Penalty 6070 An offence under section 43(1) of the Act as the holder of an exploration licence, carry out any work (other than low impact exploration) on the land covered by the licence other than in accordance with section 43(1) of the Mineral Resources Development Act 1990 $1000 6080 An offence under section 58(1)(a) of the Act as a holder of a miner's right, use any equipment for the purposes of excavation on the land, other than non-mechanical hand tools $1000 6090 An offence under section 58(1)(b) of the Act as a holder of a miner's right, use explosives on the land $1000 6100 An offence under section 58(1)(c) of the Act as a holder of a miner's right, remove or damage any tree or shrub on the land $1000 6110 An offence under section 58(1)(d) of the Act as a holder of a miner's right, disturb any Aboriginal place or Aboriginal object on the land $1000 6120 An offence under section 58(2) of the Act as a holder of a miner's right, fail to repair any damage to the land arising out of the search $500 6130 An offence under section 62(1)(a) of the Act as a holder of a tourist fossicking authority, use any equipment for the purposes of excavation on the land, other than non-mechanical hand tools $1000 6140 An offence under section 62(1)(b) of the Act as a holder of a tourist fossicking authority, use explosives on the land $1000 6150 An offence under section 62(1)(c) of the Act as a holder of a tourist fossicking authority, remove or damage any tree or shrub on the land $1000 Sch. 22 -- 70 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 68 Item Mining Infringement Summary of Infringement Penalty 6160 An offence under section 62(1)(d) of the Act as a holder of a tourist fossicking authority, disturb any Aboriginal place or Aboriginal object on the land $1000 6170 An offence under section 62(2) of the Act as a holder of a tourist fossicking authority, fail to ensure that a person who searches for minerals under that authority does not do anything specified in section 62(1) of the Mineral Resources Development Act 1990 $1000 6180 An offence under section 62(3) of the Act as a holder of a tourist fossicking authority, fail to repair any damage to the land arising out of the searching for minerals under that authority by any person $250 6190 An offence under section 63 of the Act Operate a tourist mine otherwise than in accordance with the tourist mine authority $1000 6200 An offence under section 66(1)(a) of the Act as a holder of a tourist mine authority, fail to comply with the terms and conditions of the authority $1000 6210 An offence under section 66(1)(b) of the Act as a holder of a tourist mine authority, fail to comply with any instructions given by the mine manager if the land is subject to a mining licence $1000 6220 An offence under section 67 of the Act as a holder of a tourist mine authority, commence activity in the mine without the approval of the Director of Mines and without having obtained all necessary consents and other authorities $1000 Sch. 22 -- 71 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 69 Item Mining Infringement Summary of Infringement Penalty 6230 An offence under section 80(6) of the Act fail to comply with a notice under section 80(5) of the Mineral Resources Development Act 1990 $1000 6240 An offence under section 110(3) of the Act where no application has been made under section 110(4A) of the Act fail to comply with a notice issued by the Minister under section 110(2) of the Mineral Resources Development Act 1990 $1000 6250 An offence under regulation 10(1) of the Mineral Resources Development Regulations 2002 fail to send a production and royalty return to the Department Head by the due date $200 6260 An offence under regulation 19 of the Mineral Resources Development Regulations 2002 remove or alter any corner posts, survey markers or offset markers required under the Mineral Resources Development Regulations 2002 (except in accordance with those Regulations) $200 6270 An offence under regulation 17(3) of the Mineral Resources Development Regulations 2002 fail to remove or alter any corner posts, survey markers or offset markers when required to do so $200 6280 An offence under regulation 26(1) of the Mineral Resources Development Regulations 2002 as the holder of a licence, fail to keep a record of exploration or mining activities undertaken under the licence $200 Sch. 22 -- 72 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 70 Item Mining Infringement Summary of Infringement Penalty 6290 An offence under regulation 26(3) of the Mineral Resources Development Regulations 2002 as the holder of a licence, fail to submit an annual return within 4 weeks after the due date $200 __________________ Sch. 22 -- 73 of 74 -- S.R. No. 99/2002 Mineral Resources Development Regulations 2002 71 SCHEDULE 23 Regulation 46 INFORMATION REQUIRED IN STATEMENT OF DISCLOSURE 1. Name of officer. 2. Position and classification of officer. 3. Indicate whether this is the first statement or a statement following a change in an interest. 4. Details of any shares, stocks, bonds, money or any other interest you hold or receive or are entitled to hold or receive to the value of $1000 or more in or from a company or organisation engaged in exploration or mining in Victoria. 5. Details of any benefit, income or entitlement to the value of $1000 or more received or entitled to be received by you or anyone in your family which might appear to raise a material conflict with your duties or responsibilities under the Act. 6. Details of any office or position you hold with any company or organisation engaged in exploration or mining in Victoria. 7. Details of any other information which you need to, or wish to, disclose. 8. Signature of officer 9. Date ═══════════════ Sch. 23 -- 74 of 74 --