Extractive Industries Development Regulations 1996
i
Extractive Industries Development Regulations
1996
S.R. No. 42/1996
TABLE OF PROVISIONS
Regulation Page
PART 1—PRELIMINARY 1
101. Objectives 1
102. Authorising provisions 1
103. Commencement 2
104. Definitions 2
PART 2—SEARCH PERMITS 3
201. Application for search permits 3
202. Prescribed conditions of a search permit 3
203. Transfer of search permits 3
204. Records and returns—search permits 4
PART 3—WORK PLANS AND WORK AUTHORITIES 5
301. Work plan for work authorities 5
302. Application for a work authority 5
303. Application to vary a work authority 5
304. Application to transfer a work authority 5
305. Records and returns—work authorities 6
306. Inspections 6
307. Certain information to be kept at the quarry 7
PART 4—ROYALTIES 8
401. Calculation of royalties 8
402. Alcoa land 8
403. Time of payment of royalties 8
PART 5—QUARRY MANAGERS 10
501. Application for quarry manager's certificate 10
502. Qualifications regarding first aid administration and use of
explosives 10
503. Procedure of a Panel 10
-- 1 of 41 --
Regulation Page
ii
PART 6—PUBLIC HEALTH AND SAFETY 12
601. Notice relating to noise, dust, air blast and ground vibrations
limits 12
PART 7—QUARRYING INFRINGEMENTS 14
701. Offences 14
702. Form of infringement notice 14
703. Particulars of an infringement notice 14
704. Service of infringement or withdrawal notice 15
705. Form of withdrawal notice 15
706. Payment of penalty 15
707. Prior convictions 15
PART 8—AMENDMENTS TO EXTRACTIVE INDUSTRIES
REGULATIONS 1989 17
801. Amendment of saved regulations 17
__________________
SCHEDULES 18
SCHEDULE 1—Fees 18
SCHEDULE 2—Records and Returns—Search Permits 20
SCHEDULE 3—Work Plan Information 21
SCHEDULE 4—Records and Return—Work Authority 24
SCHEDULE 5—Rate of Royalties 29
SCHEDULE 6—Application for Quarry Manager's Certificate 30
SCHEDULE 7—Quarrying Infringements 33
SCHEDULE 8—Quarrying Infringement Notice 35
SCHEDULE 9—Withdrawal of a Quarrying Infringement Notice 36
SCHEDULE 10—Amendments of Extractive Industies Regulations 1989 37
═══════════════
NOTES 39
-- 2 of 41 --
1
STATUTORY RULES 1996
S.R. No. 42/1996
Extractive Industries Development Act 1995
Extractive Industries Development Regulations
1996
The Governor in Council makes the following Regulations:
Dated: 28 May 1996
Responsible Minister:
PATRICK McNAMARA
Minister for Agriculture and Resources
A. WILTSHIRE
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
101. Objectives
The objectives of these Regulations are to—
(a) provide for the payment of royalties for the
extraction of stone from Crown land;
(b) prescribe various fees, forms, procedures and
other requirements relating to search permits,
work authorities and quarry managers'
certificates for extractive industries;
(c) provide for infringement notices and
prescribe penalties and various other matters
authorised by the Act.
102. Authorising provisions
These Regulations are made under sections 11, 14,
16, 17, 18, 23, 28, 39, 45, 46, 47, 52, 56 and item
-- 3 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
2
6(1) of Schedule 2 to the Extractive Industries
Development Act 1995.
103. Commencement
These Regulations come into operation on 1 June
1996.
104. Definitions
In these Regulations "the Act" means the
Extractive Industries Development Act 1995.
_______________
r. 103
-- 4 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
3
PART 2—SEARCH PERMITS
201. Application for search permits
A person wishing to search for stone on Crown
land must lodge with the Minister—
(a) an application in a form approved by the
Secretary; and
(b) the fee shown in Schedule 1; and
(c) a map or plan showing the locality and
extent of the land.
202. Prescribed conditions of a search permit
A search permit is subject to the following
conditions, limitations, and restrictions—
(a) the permit holder must not commence any
work authorised by the permit until 7 days
after notifying an inspector of quarries in
writing of the holder's intention to
commence work;
(b) the permit holder must give at least 7 days
notice to the regional office of the
Department of Natural Resources and
Environment nearest to the land in respect of
which the permit is issued of the holder's
intention to commence work and lodge a
copy of the proposed work program with that
office at the same time as the notice is given.
203. Transfer of search permits
The fee for the transfer of a search permit is the
fee shown in Schedule 1.
r. 201
-- 5 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
4
204. Records and returns—search permits
For the purposes of section 52 of the Act the
holder of a search permit must—
(a) complete a return on work on any surveys
and other operations authorised by the permit
in the form of Schedule 2 for every period of
6 months following the grant of the permit;
and
(b) furnish the return to the Minister within 4
weeks after the completion of each 6 month
period.
_______________
r. 204
-- 6 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
5
PART 3—WORK PLANS AND WORK AUTHORITIES
301. Work plan for work authorities
(1) A person who lodges a work plan under section 17
of the Act must ensure that it contains the
information described in Schedule 3.
(2) An application for approval of a variation to a
work plan under section 18 of the Act must
contain the information in Schedule 3 that relates
to the proposed variation.
(3) A person who lodges a work plan under section 17
of the Act or an application for the variation of a
work plan under section 18 of the Act must also
pay the fee shown in Schedule 1 at the time of
lodging.
302. Application for a work authority
A person who lodges an application for a work
authority under section 19 of the Act must also
pay the relevant fee shown in Schedule 1 at the
time of lodging.
303. Application to vary a work authority
A person who requests that the Minister vary a
work authority under section 22 of the Act must
also pay the relevant fee shown in Schedule 1 at
the time of making the request.
304. Application to transfer a work authority
A person who applies for the consent of the
Minister for the transfer of a work authority must
also pay the fee shown in Schedule 1 at the time
of the application.
r. 301
-- 7 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
6
305. Records and returns—work authorities
(1) For the purposes of section 52 of the Act the
holder of a work authority must complete and
submit—
(a) a return each year on work done under the
authority in the form of Schedule 4 for the
period of 1 July to 30 June; and
(b) a summary of all accidents that result in the
absence of the injured person from work for
a day or longer during the periods of 1
January to 31 March, 1 April to June 30, 1
July to 30 September and 1 October to 31
December in each year in a form determined
by the Secretary—
and submit the return or summary to the Minister
within 4 weeks after the end of the period for
which it is due to be completed.
(2) The holder of a work authority must ensure that a
return or summary submitted under sub-regulation
(1) is accompanied by a statutory declaration
signed by the holder of the authority which
verifies that the contents of the return or summary
are true and accurate.
Penalty applying to this sub-regulation: 20 penalty
units.
306. Inspections
(1) An inspector who has inspected a quarry may
provide or, at the request of the manager of the
quarry, must provide to the manager a report of
his or her findings as to the extent of compliance
with the Act and these Regulations.
(2) If an inspector carries out an inspection of a
quarry the holder of the work authority must pay
the inspection fee in Schedule 1 but is only liable
r. 305
-- 8 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
7
to pay the inspection fee for the first inspection in
any year.
307. Certain information to be kept at the quarry
The holder of a work authority and the owner of a
quarry must take all reasonable steps to ensure
that a copy of the authority and any conditions
that attach to the authority and any approved work
plan are kept at the quarry or any place where an
extractive industry is being carried out for the use
and information of the manager of the quarry or
the person who manages the extractive industry
operation.
Penalty: 10 penalty units.
_______________
r. 307
-- 9 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
8
PART 4—ROYALTIES
401. Calculation of royalties
Unless otherwise specified in a work authority or
waived or varied under section 28 of the Act,
royalty is assessable with respect to stone
extracted from Crown land—
(a) upon that stone being sold or otherwise
removed from the land in respect of which a
work authority is granted; or
(b) if that stone is intended for use in the
manufacture of concrete, asphalt, bricks, tiles
or cement products on the same site where
the stone is extracted, upon that stone being
excavated—
at the appropriate rate specified in Schedule 5.
402. Alcoa land
Unless otherwise specified in a work authority, a
holder of a work authority must pay royalty in
accordance with regulation 401 and at the
appropriate rate specified in Schedule 5 if stone is
removed under a work authority in respect of land
in the leased area within the meaning of the
definition of "leased area" in the agreement set out
in the Schedule to the Mines (Aluminium
Agreement) Act 1961.
403. Time of payment of royalties
(1) Unless otherwise specified in a work authority,
royalties are payable—
(a) for the period of 12 months ending on 30
June in each year; or
(b) if the holder of the work authority, by notice
in writing to the Secretary, elects to pay
royalties at 6 monthly intervals, for the
r. 401
-- 10 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
9
period of 6 months ending on 30 June and 31
December in each year—
and must be paid within 4 weeks after the end of
the period for which they are payable.
(2) The holder of a work authority must ensure that
the payment is accompanied with a signed
statutory declaration which states the amount of
stone on which royalties are payable for that
period.
Penalty applying to this sub-regulation: 20 penalty
units.
(3) The holder of a work authority may by notice in
writing to the Secretary elect to pay royalties at 6
monthly intervals for the period of 6 months
ending on 30 June and 31 December.
(4) The holder of a work authority must retain copies
of records of sales and production for inspection
purposes for 6 years.
Penalty applying to this sub-regulation: 10 penalty
units.
_______________
r. 403
-- 11 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
10
PART 5—QUARRY MANAGERS
501. Application for quarry manager's certificate
An application for a quarry manager's certificate
must be—
(a) in the form of Schedule 6; and
(b) accompanied by the application fee specified
in Schedule 1.
502. Qualifications regarding first aid administration and
use of explosives
(1) A person is qualified for the purposes of section
39(2)(e) of the Act to administer first aid if he or
she has successfully completed a course in first
aid that has been approved as satisfying the
objectives of a level 2 course contained in
appendix 2 of the Code of Practice for First Aid in
the Workplace, Occupational Health and Safety
Act 1985 published by the Department of Labour
in 1988.
(2) A person is qualified for the purposes of section
39(2)(f) of the Act to use explosives if he or she is
the holder of a permit to use explosives issued by
the Chief Inspector of Quarries under regulation
527 of the 1 Extractive Industries Regulations
1989.
503. Procedure of a Panel
(1) A panel appointed under section 40 of the Act
may inquire into a matter at the time and at the
place that it determines and is bound by rules of
natural justice.
(2) If a panel has been appointed, it must not hold a
hearing until it has given the holder of the quarry
manager's certificate at least 28 days notice of the
time and place for holding the hearing together
r. 501
-- 12 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
11
with a summary of the matter which is the subject
of the inquiry.
(3) In conducting a hearing the panel is not bound by
laws of evidence but may inform itself on any
matter as it thinks fit.
_______________
r. 503
-- 13 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
12
PART 6—PUBLIC HEALTH AND SAFETY
601. Notice relating to noise, dust, air blast and ground
vibrations limits
(1) With respect to any quarry which is not an
extractive industry, an inspector, after
consultation with the person who owns the quarry,
may serve a notice requiring that levels of noise,
dust, airblast overpressure or ground vibrations
attributable to blasting in the quarry should not
exceed the limits specified in the notice at any
location external to the quarry site specified in the
notice.
(2) An inspector must not issue a notice under
sub-regulation (1) that—
(a) requires a noise limit to be inconsistent with
any noise limit imposed under the
Environment Protection Act 1970 for
protection of persons from noise emissions
from commercial, industrial or trade
premises;
(b) requires a level of airborne dust
concentration that is not within the range of
acceptable limits for airborne dust which are
contained in the Worksafe Australian
Standard, Exposure Standard for
Atmospheric Contaminants in the
Occupational Environment, Guidance Notes
and National Exposure Standards, May
1990;
(c) requires a limit about airblast overpressure
attributable to blasting in a quarry, which is
outside the range of 115 and 120 decibels;
(d) requires a limit about ground vibration
attributable to blasting in the quarry, which
r. 601
-- 14 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
13
is outside the range of 5 and 10 millimetres
per second.
(3) The manager of the quarry must comply with any
notice issued under sub-regulation (1).
Penalty applying to this sub-regulation: 100
penalty units.
_______________
r. 601
-- 15 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
14
PART 7—QUARRYING INFRINGEMENTS
701. Offences
(1) For the purposes of section 45 (1) of the Act the
offences set out in column 1 of Schedule 7 are
offences to which Division 2 of Part 5 of the Act
applies.
(2) For the purposes of section 45 (5) of the Act the
penalty prescribed for an infringement is the
amount in column 3 of Schedule 7 set out opposite
the infringement.
(3) A summary of an infringement in column 2 of
Schedule 7 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 or the
Regulations continued in force by item 6(1) of
Schedule 2 to the Act.
702. Form of infringement notice
An infringement notice must be in the form of
Schedule 8.
703. Particulars of an infringement notice
An infringement notice must contain the
following particulars—
(a) a reference to the fact that it is an
infringement notice;
(b) the date on which the notice is issued;
(c) the date by which the penalty is to be paid;
(d) the number of the notice;
(e) the name and address ( if known ) of the
person alleged to have committed the
infringement;
r. 701
-- 16 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
15
(f) a brief description of the kind of alleged
infringement;
(g) the amount of the prescribed penalty and
where it is to be paid;
(h) 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 of law unless,
before the end of the period specified in the
notice as the time for payment of the penalty,
an inspector of quarries gives notice that the
infringement notice has been withdrawn;
(i) the name and signature of the inspector of
quarries who issued the notice.
704. Service of infringement or withdrawal notice
An infringement notice or withdrawal notice may
be served by personally serving the notice on the
alleged offender or by sending the notice by
registered post addressed to the alleged offender
at his or her last known place of residence or
business.
705. Form of withdrawal notice
An infringement withdrawal notice must be in the
form of Schedule 9.
706. Payment of penalty
Payment of a penalty for an infringement notice
may be made by sending the amount of the
penalty by post or delivering it to the address
specified in the notice as the address for the
payment of the penalty.
707. Prior convictions
(1) A document for the purposes of section 47 (1) of
the Act is in the prescribed form if it is in writing
and contains—
r. 704
-- 17 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
16
(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 of law 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 penalty imposed.
(2) A notice for the purposes of section 47 (2) of the
Act is in the prescribed form if it is in writing and
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. 707
-- 18 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
17
PART 8—AMENDMENTS TO EXTRACTIVE INDUSTRIES
REGULATIONS 1989
801. Amendment of saved regulations
Divisions 3 and 4 of Part 4 and Parts 5 and 6 of
the Extractive Industries Regulations 1989 are
amended as specified in Schedule 10.
__________________
r. 801
-- 19 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
18
SCHEDULES
SCHEDULE 1
FEES
AMOUNT NATURE OF PROVISION REG No
$200 Fee to accompany application for a
permit to search for stone
201
$100 Fee for the transfer of a search
permit
203
$300
$100
Fee for the approval of a work plan
over an area of 5 hectares or more
or greater than 2 metres in depth.
Fee for the approval of work plan
over an area not exceeding 5
hectares and not exceeding
2 metres in depth.
301
$250 Fee for the approval of a variation
to a work plan
301
$400
$100
Fee for the approval of a work
authority over an area of 5 hectares
or more or greater than 2 metres in
depth.
Fee for the approval of a work
authority over an area not
exceeding 5 hectares and not
exceeding 2 metres in depth.
302
302
$250 Fee for the approval of a variation
to a work authority
303
$150 Fee for the approval of a transfer of
a work authority
304
$235
$105
Fee for an inspection of a work
authority site of 5 hectares or more
or greater than 2 metres in depth.
Fee for an inspection of a work
authority site not exceeding 5
hectares in area and not exceeding
2 metres in depth.
306
$350 Fee to accompany an application
for a quarry manager's certificate
501
$100 Fee to accompany application for 512 of the
Sch. 1
-- 20 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
19
licence to store explosives Extractive
Industries
Regulations 1989
$50 Fee to accompany an application
for re-issue of a licence to store
explosives
516(2) of the
Extractive
Industries
Regulations 1989
$20 Fee to accompany an application
for a variation to a licence to store
explosives
517 of the
Extractive
Industries
Regulations 1989
$35 Fee to accompany a request for a
duplicate licence to store explosives
518 of the
Extractive
Industries
Regulations 1989
$50 Fee to accompany application for a
permit to use explosives
526(1) of the
Extractive
Industries
Regulations 1989
$250 Fee for the examination for a permit
to use explosives
527(4) of the
Extractive
Industries
Regulations 1989
$35 Fee for payment for a duplicate
permit to use explosives
531 of the
Extractive
Industries
Regulations 1989
__________________
Sch. 1
-- 21 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
20
SCHEDULE 2
Regulation 204
RECORDS AND RETURNS—SEARCH PERMITS
Permit Number:
Reporting Period:
Locality including 1:100000 Map Numbers:
Full Name and Address of Permit Holder:
_____________________________________________________________
Summary of Results including—
• A complete record of all geological, geophysical, geochemical and other
technical investigations with relevant maps showing locations of surveys.
• A complete record of all drill holes and excavations with logs and
relevant maps showing locations.
• Details of any material tested.
• A summary of stone resources identified.
List here any attached reports, transparencies and other data.
Expenditure on operations under the permit where expenditure requirements
are contained in the permit:
Proposed work program for the next 6 month period:
I certify that the information supplied in this report is a true statement of the
operations carried out under this permit during the period specified.
DATED this day of 19
Signature of Permit Holder
__________________
Sch. 2
-- 22 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
21
SCHEDULE 3
Regulation 301(2)
WORK PLAN INFORMATION
If the work plan covers an area, other than an area not
exceeding 5 hectares and less than 2 metres in depth:
1. General description of geological information
including estimates of stone resources.
2. A general location plan at a scale of 1:100,000 or 1:
50,000.
3. A regional plan at a scale of 1:25,000 showing the
extent of Crown lands, private lands, private land
allotments, rivers and streams within the proposed
work plan area, and, where possible, parks and
reserves within 2 kilometres of the site. Certificates of
title must also be submitted with respect to any
private land allotments.
4. A site plan at an appropriate scale including cross-
sections, showing and describing existing surface
contours, and topographical features, drainage
patterns, water courses, vegetation features and soil
information and also including—
(a) the proposed buildings and surface facilities
including location of crushing, screening and
other processing plant;
(b) the anticipated extent of extraction with
proposed bench heights, berm details and
working batters;
(c) the sequencing of extraction;
(d) the location of topsoil and waste rock dumps
and stockpile areas;
(e) the location of proposed water dams, any slime
dams, and sediment retention systems and any
measures for the diversion of water from the
site;
(f) access roads.
Sch. 3
-- 23 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
22
5. Description of processing methods to be used
including the proposed plant layout.
6. An environmental management program setting out
the—
(a) proposals for the disposal of any effluents,
protection of groundwater, and drainage and
erosion control;
(b) proposals for the suppression of noise, dust
from any source and vibrations from blasting
operations;
(c) proposals for the effective monitoring of the
operation.
7. A rehabilitation plan, taking into account section
32(a) of the Act which includes—
(a) the concepts for the possible end use of the site;
(b) the proposals for the progressive rehabilitation
to a safe and stable landform of extraction areas
including slope batters, road cuttings, and
dumps;
(c) the proposals for landscaping to minimise the
visual impact of the site;
(d) any proposals to protect and conserve native
vegetation during the production phase of the
operation.
(e) any proposals for the final rehabilitation and
vegetation of the site including final security of
the site, securing of water dams and slimes
dams and removal of plant and equipment.
8. Other information that may be relevant to the
application but not included above.
9. If the work plan covers an area not exceeding 5
hectares and is less than 2 metres in depth—
(a) a general description of any test work
undertaken on the area;
(b) a general location plan at a scale of 1:25000,
together with certificates of title for any private
land allotments;
Sch. 3
-- 24 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
23
(c) a plan of the area at an appropriate scale which
shows the—
(i) proposed buildings and surface facilities;
(ii) access roads and tracks;
(iii) location of any proposed settling dams or
water dams;
(iv) general drainage pattern of the area;
(v) proposed sequencing and extent of
extraction;
(d) if any treatment of excavated material is to
occur on site, a description of the treatment
plant.
(e) a description of rehabilitation proposals which
takes into account section 32(a) of the Act and
includes—
(i) the proposals for the progressive
rehabilitation and stabilisation of
extraction areas;
(ii) the proposals to minimise the visual
impact of the site;
(iii) any proposals for removal of any plant or
equipment.
__________________
Sch. 3
-- 25 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
24
SCHEDULE 4
Regulation 305(1)(a)
RECORDS AND RETURN—WORK AUTHORITY
PRODUCTION, SALES AND VALUE OF STONE FOR THE
PERIOD ENDING
Name of Principal Material Quarried
Work Authority(s) Numbers
Location of Quarry ...........................................................
Municipality..................................
Name of Owner, Holder of Work Authority, or
Company........................................................
STATUTORY DECLARATION
I.
(full name)
of
(full address)
do solemnly swear and sincerely declare that the information in this return is
a true and correct statement of work done under the work authority.
I acknowledge that this declaration is true and correct and I make it in the
belief that a person making a false declaration is liable to the penalties of
perjury.
Declared at
in the State of Victoria on
Before:
Name and address in legible writing, typing
or stamp below signature.
A person authorised under section 107A(1) of the Evidence Act to
witness the signing of a statutory declaration
Person to be contacted if queries arise regarding this return
Name: Telephone Number........................
Sch. 4
-- 26 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
25
ROCK TYPE
(Choose from list
below)
(1)
PRODUCT TYPE
(Choose from
list below)
(1)
QUANTITY OF
TOTAL SALES
/ or QUANTITY
EXTRACTED
Cubic metres /
Tonnes (2)
VALUE OF TOTAL
SALES AT GATE
(3)
QUANTITY OF
TOTAL SALES
FROM STONE
REMOVED FROM
CROWN LAND / OR
QUANTITY
EXTRACTED
FROM CROWN
LAND (4)
Cubic Metres Tonnes
INSTRUCTIONS
Rock type and Product type (1)
_____________________________________________________________
Choose rock type from the list below and associated product types. Use the
separate columns for each product type. Overburden from hard rock quarries
should generally be shown as “fill” under the parent rock type, not as “clay &
clay shale” unless used for manufacture of fired products.
Sch. 4
-- 27 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
26
Quantity of Total Sales (2)
_____________________________________________________________
I. Include the useable quantity actually produced under the work authority.
It should relate to quarry products sold, used or disposed of during the
period, being materials extracted from this site and used by the
organisation or transferred to an associated organisation.
II. Do not include products produced from raw materials imported to this
site from another operation. Such imported material, treated and sold
materials should be accounted for on a separate form relating to the site
where they were extracted.
III. Royalty must be paid using the appropriate column in Schedule 5 which
corresponds with the method of measurement at the stage the royalty
becomes payable under Regulation 401
Value of Total Sales at Gate (3)
_____________________________________________________________
Sales value should be the value at the quarry gate (ex bin) including any
loading cost. If actual sales from the quarry include outward freight and
cartage, that amount must be deducted for the purposes of this report. If stone
is not actually sold or disposed from a site but is used on that site for the
manufacture of asphalt, concrete, bricks, tiles or cement products, an
estimated value of the stone prior to its use for that purpose needs to be
provided. Sales tax needs to be excluded.
Quantity of Total Sales from Stone removed from Crown land / or
Quantity extracted from Crown land (4)
This is the amount of stone on which royalty must be paid pursuant to section
28 of the Act.
Sch. 4
-- 28 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
27
TABLE OF ROCK TYPES AND PRODUCT TYPES
ROCK TYPES PRODUCT TYPES
Basalt Old
Basalt New
Trachyte
Dolerite
Granite (incl. granodiorite, porphry
microgranites
Scoria
Tuff
Gneiss
Hornsfels
Marble
Quartzite
Schist
Slate
Sedimentary (usually rippable rocks
incl sandstone, shale, siltstone chert,
mudstone, claystone)
Limestone (incl. limesand)
Sand and Gravel (naturally
occurring gravels, not crushed
sedimentary rocks)
Aggregate (ie. aggregate, rail
ballost, filler material) single
size screenings such as
concrete
Road Base (Class 1 & 2
crushed rock (CR)
Road Sub-Base (incl. Class 3
& 4 CR, NDCR and track
material)
Fill (incl. scalpings, spalls)
Armour (incl. beaching)
Dimension stone
Road Base Class 1 & 2 crushed rock
(CR)
Road Class Sub-Base (Class 3 & 4 CR,
NDCR and track material)
Fill (include scalpings, spalls)
Dimension stone
Cement
Agriculture
Lime
Flux
Industrial Filters
Aggregate (ie single size screenings such
as concrete aggregate filter materials)
Road Base (Class 1 & 2 crushed rock
(CR)
Road Sub-Base (include Class 3 & 4 CR,
NDCR and track material)
Fill (incl. scalpings, spalls)
Concrete sand
Fine sand (Brick, Packing Bedding,
Plaster, Asphalt
Foundry sand
Glass sand
Industrial (silica flour, fibre glass,
ceramics, etc)
Sch. 4
-- 29 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
28
Clay and Clay Shale
Brick (incl. Pavers)
Tile/Pipe
Firebricks
Stoneware (incl Pottery, Whiteware)
Fill
Soil
Peat
__________________
Sch. 4
-- 30 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
29
SCHEDULE 5
Regulations 401 and 402
RATE OF ROYALTIES
In this Schedule “M3” and “tonne” mean a cubic metre and tonne of material
respectively in the form as sold, that is the loose measurement of the product
removed.
TYPE OF STONE RATE PER M 3 RATE PER
TONNE
All stone (except
dimension stone and
marble)
$1.38 $0.84
Dimension Stone and
marble
$7.80 $3.12
__________________
Sch. 5
-- 31 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
30
SCHEDULE 6
Regulation 501
APPLICATION FOR QUARRY MANAGER'S CERTIFICATE
I apply for a certificate of competency as a quarry manager and submit the
following particulars:
Name in full: Use BLOCK letters
Surname: Given names in full:
Address in full: Use BLOCK letters
Postcode
Telephone No
Date of Birth / / Place of Birth
EDUCATION: Give details of the standard reached, any courses attended,
and details of any diplomas, or certificates obtained ( attach copies of these
documents )
EDUCATIONAL
INSTITUTE
COURSE YEARS
ATTENDED
QUALIFICATIONS
Sch. 6 Sch. 6
-- 32 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
31
Details of Shotfirer’s permits (Attach copy)
Details of any previous manager's certificates (Attach copy)
Details of current first aid certificates (Attach copy)
REFERENCES—List 3 persons who are familiar with your character and
qualifications
Provide written references from the referees listed below
NAME ADDRESS OCCUPATION
SOCIETIES, INSTITUTES, ASSOCIATIONS—List any professional, sub
professional or trade membership
I enclose the fee of $ and
copies of documentary evidence
(references, qualifications,
experience) which support the
statements made in this application.
Original certificates, references, or
testimonials should NOT be enclosed
but need to be available if requested.
Signature of applicant:
Date: / /
Applicants need to provide a detailed report of the nature and extent of their
practical experience as follows:
Sch. 6
-- 33 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
32
DETAILS OF EXPERIENCE: If more space is required attach additional
sheets
From: (month/year) To: (month/year)
Title of Position: Number supervised:
Name of Employer: Address of Employer:
Type of operation: Name of Person in charge:
Description of work performed:
You are required to detail the time spent in relation to the following activities
at the face.
TIME SPENT
DRILLING AND
BLAST DESIGN
CHARGING AND
BLASTING
PROCESSING OF
MATERIAL
LOADING
OTHER
Signature of Applicant Date:
__________________
SCHEDULE 7
Regulation 701(1)
QUARRYING INFRINGEMENTS
Sch. 7
-- 34 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
33
Column 1 Column 2 Column 3
Infringement Summary of
Infringement
Penalty
An offence under section 8
of the Act
A person searching for
stone on Crown land
without authority
5 penalty units
An offence under section
9(2) of the Act
The holder of an authority
or manager failing to
comply with a work
authority
5 penalty units
An offence under section
38(1) or (2) of the Act
Undertaking of work
without a quarry manager
being appointed
3 penalty units
An offence under section
44(1)(a) of the Act
Obstructing an inspector in
the pursuit of his or her
duties
5 penalty units
An offence under section
44(1)(b) of the Act
Contravening or failing to
comply with a lawful
requirement of an
inspector
5 penalty units
An offence under section
52(1) of the Act
Failure on behalf of the
holder of a work authority
to provide required
information
5 penalty units
An offence under section
52(2) of the Act
Failure on behalf of the
holder of a search permit
to provide required
information to lodge return
on work done under the
permit
5 penalty units
-- 35 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
34
An offence under regulation
307
Failure to ensure that
certain documents are
made available at the
quarry office for the use of
the manager
2 penalty units
An offence under regulation
421(m) of the Extractive
Industries Regulations 1989
Failure to wear a safety
helmet where required
1 penalty unit
An offence under regulation
525 of the Extractive
Industries Regulations 1989
Failure to hold a permit to
use explosives or be under
the supervision of a person
who holds a permit when
handling or firing
explosives
5 penalty units
An offence under regulation
603 of the Extractive
Industries Regulations 1989
Failure to ensure that
vehicles and mobile
equipment are suitable for
the purpose which they are
used and are fitted with
adequate safety devices
3 penalty units
An offence under regulation
603 of the Extractive
Industries Regulations 1989
Failure of drivers of
mobile equipment and
vehicles to comply with
speed restrictions, signals
and warnings
2 penalty units
An offence under regulation
603 of the Extractive
Industries Regulations 1989
Failure to ensure that
exposed moving parts of
any plant and machinery
are fitted with effective
guards
3 penalty units
__________________
Sch. 7
-- 36 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
35
SCHEDULE 8
Regulation 702
QUARRYING INFRINGEMENT NOTICE
Details of Issue of Notice
Details of person or person alleged to have
committed an Infringement
Name...............................................................
..................................................................
Address............................................................
....................................Postcode................
Work Authority Number
Approximate Location of Infringement
Approximate Time of Infringement
am/pm
Approximate Date of Infringement
Infringement Notice No.
Infringement
Penalty (Column 3)
$
Date by which payment must be made
Description of the Infringement (Column 3)
.............................................................................................................................................................
.............................................................................................................................................................
..............................................................................................................................................
How to pay the Penalty
Payment must be made by
Cheque or Money Order should be crossed 'Not Negotiable'
and be made payable to the Department administering the
Extractive Industries Development Act 1996.
Provided the penalty is paid by the due date shown on this form the matter will not be brought
before a Court unless before the date specified, the inspector of quarries gives notice that this
Infringement Notice has been withdrawn.
Signature of inspector of quarries Name of inspector of quarries
__________________
Sch. 8
-- 37 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
36
SCHEDULE 9
Regulation 705
WITHDRAWAL OF A QUARRYING INFRINGEMENT
NOTICE
Name of person on whom infringement
notice was served:
Address of person on whom infringement notice
was served:
Number of Infringement Date of Issue of
Notice Infringement Notice
Infringement notice number is withdrawn in accordance with section
45(3) of the Act
Insert the following statements if relevant—
It is intended that court proceedings may be instituted in respect of the
alleged infringement notice.
Any payment made in respect of the infringement penalty will be refunded.
Signature of inspector of quarries who Name of inspector of quarries who
issued the Infringement Notice issued the Infringement Notice
Name of inspector of quarries who Name of inspector of quarries who
issued the Infringement Notice issued the Infringement Notice
__________________
Sch. 9
-- 38 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
37
SCHEDULE 10
Regulation 801
AMENDMENTS OF EXTRACTIVE INDUSTRIES
REGULATIONS 1989
PROVISION OF
EXTRACTIVE
INDUSTRIES
REGULATIONS 1989
AMENDMENT
Regulation 414 At the commencement of this
regulation insert the words "Unless
exempted by the Chief Inspector of
Quarries"
Regulation 512 For "Schedule 4" substitute "Schedule
1 to the Extractive Industries
Development Regulations 1996"
Regulation 516(2), For "Schedule 4" substitute "Schedule
1 to the Extractive Industries
Development Regulations 1996"
Regulation 517 For "Schedule 4" substitute "Schedule
1 to the Extractive Industries
Development Regulations 1996"
Regulation 518 For "Schedule 4" substitute "Schedule
1 to the Extractive Industries
Development Regulations 1996"
Regulation 520(1)(a)(i) For "AS 2187, Part 2—1983"
substitute "AS 2187, Part 2—1993"
Regulation 521(1) For "AS 2187, Part 2—1983"
substitute "AS 2187, Part 2—1993"
Regulation 522(c) For "AS 2187, Part 2—1983"
substitute "AS 2187, Part 2—1993"
Regulation 526(1)(b) For "Schedule 4" substitute "Schedule
1 to the Extractive Industries
Development Regulations 1996"
Sch. 10
-- 39 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
38
Regulation 527(4)(b) For "Schedule 4" substitute "Schedule
1 to the Extractive Industries
Development Regulations 1996"
Regulation 527(5) For "an approved course of instruction
in the use of explosives, which
contained not less than 30 hours
practical use of explosives" substitute
"a course approved by the Chief
Inspector of Quarries in the use of
explosives"
Regulation 530 For "Schedule 4"substitute "Schedule 1
to the Extractive Industries
Development Regulations 1996"
Regulation 531 For "Schedule 4"substitute "Schedule 1
to the Extractive Industries
Development Regulations 1996"
═══════════════
Sch. 10
-- 40 of 41 --
S.R. No. 42/1996
Extractive Industries Development Regulations 1996
39
NOTES
1 S.R. No. 209/1989. Reprinted to No. 239/1993.
The following table of applied, adopted or incorporated matter is included in
accordance with the requirements of the Subordinate Legislation Regulations
1994.
TABLE OF APPLIED, ADOPTED OR INCORPORATED MATTER
STATUTORY RULE
PROVISION
TITLE OF APPLIED, ADOPTED AND
INCORPORATED MATTER
Regulation 502(1) Code of Practice for First Aid in the
Workplace, Occupational Health and
Safety Act published by the Department of
Labour 1988.
Regulation 601(2) Worksafe Australian Standard, Exposure
Standard for Atmospheric Contaminants in
the Occupational Environment, Guidance
Notes and National Exposure Standards,
May 1990.
Schedule 10 Australian Standard AS 2187.2-1993
Explosives—Storage, Transport, and Use.
-- 41 of 41 --