Mineral Resources (Sustainable Development) Amendment Act 2019
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Mineral Resources (Sustainable Development)
Amendment Act 2019
No. 32 of 2019
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2—Rehabilitation of declared mine land 3
Division 1—Amendment of Mineral Resources (Sustainable
Development) Act 1990 3
4 Definitions 3
5 Ministerial Order declaring specified mines and quarries 4
6 Cancellation of licence 4
7 Application for variation of work plan 4
8 Approval of variation of work plan 5
9 Return of bond if rehabilitation satisfactory 5
10 Minister may carry out rehabilitation 6
11 New section 83A inserted 6
12 Heading to Part 7A substituted 6
13 Definitions 7
14 Meaning of regulatory framework 7
15 Division 2 of Part 7A substituted 7
16 Functions and powers of the Commissioner 12
17 Commissioner to have regard to objective, regional
rehabilitation strategy and regulatory framework 15
18 Staff to be provided 16
19 Assistance to be provided by the Department Head 16
20 Section 84AP substituted 16
21 Heading to Division 4 of Part 7A amended 17
22 Minister may refer a matter for investigation to the
Commissioner 17
23 Power of entry and inspection without consent 17
24 Occupier or apparent occupier of land must assist
Commissioner or authorised officer to enter 18
25 Occupier or apparent occupier of land must assist
Commissioner or authorised officer to inspect 18
26 Authorised officers under this Division 18
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27 Giving of documents or other things to the Commissioner by
Latrobe Valley licensees 18
28 Giving of documents or other things to the Commissioner by
public sector bodies 19
29 Confidentiality of document or other thing given under a
notice 19
30 Heading to Division 6 of Part 7A amended 19
31 Definition 20
32 Notice requiring documents or information from public sector
body 20
33 Notice requiring documents or information from Latrobe
Valley licensee 20
34 Commissioner must prepare framework 20
35 Making the monitoring framework 21
36 Amendment of monitoring framework 21
37 Making an amendment to the monitoring framework 21
38 Heading to Division 8 of Part 7A amended 21
39 Report of referral investigation 21
40 Annual report of Commissioner 22
41 Consultation 22
42 Section 84AZK substituted 22
43 Minister must consult 23
44 New Part 7C inserted 23
45 Notice requiring authority holder to take action or stop work 37
46 New sections 110B and 110C inserted 37
47 Regulations 40
48 Repeal of transitional regulation-making powers 42
49 New section 142 inserted 43
Division 2—Amendment of Mineral Resources (Sustainable
Development) Amendment (Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017 44
50 Definitions 44
51 Functions and powers of the Commissioner 44
52 Amendments to new Division 7 of Part 7A 44
Division 3—Amendment of other Acts 46
53 Schedule 2 to the Criminal Procedure Act 2009 amended 46
Part 3—Further amendment of Mineral Resources (Sustainable
Development) Act 1990 47
54 Prospecting licences 47
55 New section 24A inserted 47
56 Grant or refusal of licence 47
57 Application of Act to licence application 48
58 Grant or refusal of licence 48
59 Grant or refusal of licence 48
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60 Statute law revision 48
61 Compensation agreement 48
62 New section 141 inserted 48
Part 4—Repeal of this Act 50
63 Repeal of this Act 50
═════════════
Endnotes 51
1 General information 51
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Authorised Version
1
Mineral Resources (Sustainable
Development) Amendment Act 2019†
No. 32 of 2019
[Assented to 17 September 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The main purposes of this Act are—
(a) to amend the Mineral Resources
(Sustainable Development) Act 1990—
(i) to establish the Mine Land
Rehabilitation Authority; and
(ii) to establish the Board of the Mine Land
Rehabilitation Authority; and
Victoria
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(iii) to provide for the rehabilitation of
declared mine land; and
(iv) to provide for the establishment of the
declared mine land register; and
(v) to establish the Declared Mine Fund;
and
(b) to amend the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017 to make
consequential amendments as a result
of the establishment of the Mine Land
Rehabilitation Authority; and
(c) to make minor and consequential
amendments to the Mineral Resources
(Sustainable Development) Act 1990
and to other Acts.
2 Commencement
(1) This Act (except Divisions 1 and 3 of Part 2)
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Subject to subsection (3), Divisions 1 and 3 of
Part 2 come into operation on a day or days to be
proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 30 June 2020, it
comes into operation on that day.
3 Principal Act
In this Act, the Mineral Resources (Sustainable
Development) Act 1990 is called the Principal
Act.
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Part 2—Rehabilitation of declared mine land
Division 1—Amendment of Mineral Resources
(Sustainable Development) Act 1990
4 Definitions
(1) In section 4(1) of the Principal Act insert the
following definitions—
"closure criteria—see section 84AZU(3)(b);
Declared Mine Fund means the fund established
under section 84AZZG;
declared mine land means—
(a) the land covered by a mining
licence that includes a declared mine
(whether or not the licence is in force);
or
(b) the land covered by any of the
following licences (whether or
not the licence is in force)—
(i) the mining licence No. 5216;
(ii) the mining licence No. 5304;
declared mine land register means the register
established under section 84AZZL;
declared mine licensee means the holder or
the former holder of a licence that covers
declared mine land;
declared mine rehabilitation plan means a plan
approved by the Department Head under
section 84AZV(2)(a) and as varied under
section 84AZW(3)(a);
Ministerial direction means a direction made or
varied under section 84AZT;
post-closure plan—see section 84AZU(3)(c);
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registered mine land means declared mine land
that is registered in the declared mine land
register;
registered post-closure plan means a post-closure
plan registered in the declared mine land
register;
Rehabilitation Authority means the Mine Land
Rehabilitation Authority established under
section 84AD;".
(2) In section 4(1) of the Principal Act, the definition
of Commissioner is repealed.
5 Ministerial Order declaring specified mines and
quarries
In section 7C(2) of the Principal Act, for
"geotechnical or hydrogeological" substitute
"geotechnical, hydrogeological, water quality
or hydrological".
6 Cancellation of licence
After section 38(1B)(a) of the Principal Act
insert—
"(ab) in the case of a mining licence relating to
declared mine land, if the declared mine
licensee has not complied with a declared
mine rehabilitation plan; or".
7 Application for variation of work plan
(1) In section 41(4A) of the Principal Act—
(a) for "coal mine land" substitute
"declared mine land";
(b) for "Commissioner" substitute
"Rehabilitation Authority".
(2) In section 41(7) of the Principal Act, for
"Commissioner" (where twice occurring)
substitute "Rehabilitation Authority".
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(3) In section 41(7)(a)(iii), (iv) and (v) of the
Principal Act, for "coal mine land" substitute
"declared mine land".
8 Approval of variation of work plan
In section 41AAB(2)(ea) of the Principal Act,
for "Commissioner" substitute "Rehabilitation
Authority".
9 Return of bond if rehabilitation satisfactory
(1) In section 82(1) of the Principal Act—
(a) in paragraph (b), for "successful." substitute
"successful; and";
(b) after paragraph (b) insert—
"(c) in the case that the land or any part of
the land is declared mine land, that the
closure criteria that apply to the
declared mine land have been met.".
(2) For section 82(3) of the Principal Act
substitute—
"(3) The Minister may, as a condition of
returning a bond or bonds to an authority
holder or a former authority holder, require
that holder to enter a further rehabilitation
bond if—
(a) any land or part of the land to which the
bond relates has not been rehabilitated,
or requires further rehabilitation; or
(b) in the case that the land or any part of
the land to which the bond relates is
declared mine land, it has not been
rehabilitated, or requires further
rehabilitation in accordance with the
declared mine rehabilitation plan that
applies to it.".
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10 Minister may carry out rehabilitation
After section 83(1)(a) of the Principal Act
insert—
"(ab) in the case that the land or any part of the
land is declared mine land, is not satisfied
that the land has been rehabilitated; or
(ac) in the case that the land or any part of the
land is declared mine land, is satisfied that
the declared mine land requires further
rehabilitation in accordance with the
declared mine rehabilitation plan that
applies to it; or".
11 New section 83A inserted
After section 83 of the Principal Act insert—
"83A Payment of bond into Declared Mine
Fund on cancellation of licence
If the Minister cancels a mining licence
relating to declared mine land of an authority
holder who has not complied with a declared
mine rehabilitation plan, the balance of a
rehabilitation bond or bonds may be paid
into the Declared Mine Fund.".
12 Heading to Part 7A substituted
For the heading to Part 7A of the Principal Act
substitute—
"Part 7A—Mine Land
Rehabilitation Authority".
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13 Definitions
In section 84AA of the Principal Act—
(a) insert the following definition—
"Board means the Board of the
Rehabilitation Authority established
under section 84AD;";
(b) in the definition of rehabilitation planning
activity, for "Latrobe Valley licensee to plan
in relation to the rehabilitation of coal mine
land" substitute "declared mine licensee to
plan in relation to the rehabilitation of
declared mine land";
(c) for paragraph (e) of the definition of
rehabilitation planning activity
substitute—
"(e) the preparation of a declared mine
rehabilitation plan.".
14 Meaning of regulatory framework
In section 84AC of the Principal Act, for
"coal mine" (where twice occurring) substitute
"declared mine".
15 Division 2 of Part 7A substituted
For Division 2 of Part 7A of the Principal Act
substitute—
"Division 2—Establishment of
Rehabilitation Authority and the Board
84AD Mine Land Rehabilitation Authority
(1) The Mine Land Rehabilitation Authority is
established.
(2) The Rehabilitation Authority—
(a) is a body corporate with perpetual
succession; and
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(b) may sue and be sued; and
(c) may acquire, hold and dispose of real
and personal property; and
(d) subject to this Act, may do and suffer
all acts and things that a body corporate
may by law do and suffer.
(3) The official seal of the Rehabilitation
Authority must be kept as directed by the
Rehabilitation Authority and must not be
used except as authorised by the
Rehabilitation Authority.
84AE Objectives of the Rehabilitation Authority
The objectives of the Rehabilitation
Authority are—
(a) to provide assurance to the Victorian
community—
(i) that public sector bodies and
the Latrobe Valley licensees
are implementing the regional
rehabilitation strategy; and
(ii) that public sector bodies and
the declared mine licensees are
planning for the rehabilitation and
ongoing management of declared
mine land; and
(b) to promote the participation of the
community and stakeholders from the
Latrobe Valley, in the implementation
of the regional rehabilitation strategy;
and
(c) to promote the effective and consistent
rehabilitation of coal mine land in
accordance with the regional
rehabilitation strategy; and
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(d) to promote the sustainable and
beneficial use of coal mine land in
accordance with the regional
rehabilitation strategy; and
(e) to promote the effective and consistent
rehabilitation of declared mine land in
accordance with any Ministerial
direction.
84AF Rehabilitation Authority powers relating
to property
The Rehabilitation Authority—
(a) may acquire and hold any property for
the purposes of this Part and Parts 7B
and 7C; and
(b) has control and management of all
property vested in or acquired by the
Rehabilitation Authority; and
(c) may dispose of property of the
Rehabilitation Authority.
84AG Board of Rehabilitation Authority
(1) The Rehabilitation Authority is to have a
governing body called a Board.
(2) The Board is responsible for the
management of the affairs of the
Rehabilitation Authority.
(3) The Board consists of—
(a) a chairperson; and
(b) a deputy chairperson; and
(c) a member; and
(d) up to 3 other members.
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84AH Appointment of members of the Board
The Governor in Council, on the
recommendation of the Minister, by
instrument, may appoint a person as a
member of the Board.
84AI Remuneration
A member of the Board is entitled to the
remuneration and allowances determined
from time to time by the Governor in
Council.
84AJ Terms and conditions of appointment
(1) A member of the Board—
(a) holds office for the period, not
exceeding 5 years, specified in the
instrument of appointment and is
eligible for reappointment; and
(b) is appointed on a full-time or part-time
basis, as specified in the instrument of
appointment; and
(c) holds office on the terms and conditions
determined by the Governor in Council.
(2) The Public Administration Act 2004
(other than Part 3 of that Act) applies to a
member of the Board in respect of that
office.
84AK Acting appointment
(1) The Governor in Council, on the
recommendation of the Minister, by
instrument, may appoint a person to act
as a member of the Board—
(a) during any period when the member
of the Board is absent; or
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(b) during any period when the member
of the Board is unable to perform the
duties of the office.
(2) An appointment under subsection (1) is for
the period, not exceeding 12 months, that is
specified in the instrument of appointment.
(3) A person appointed under subsection (1) is
entitled to be paid the same remuneration
and allowances as the member of the Board.
(4) A person appointed under subsection (1)
holds office on the terms and conditions
determined by the Governor in Council.
(5) The Public Administration Act 2004
(other than Part 3 of that Act) applies to a
person acting as the member of the Board in
respect of that office.
(6) While a person is acting as the member of
the Board, the person has all the powers and
may perform any of the functions of the
member of the Board.
(7) The Governor in Council may revoke an
appointment under subsection (1) at any
time.
84AKA Resignation
A member of the Board ceases to hold office
if the member of the Board resigns by notice
given to the Minister.
84AKB Removal from office
The Governor in Council, on the
recommendation of the Minister, at any
time may remove the member of the Board
on any of the following grounds—
(a) misconduct;
(b) neglect of duty;
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(c) inability to perform the functions and
powers of the member of the Board;
(d) any other ground on which the
Governor in Council is satisfied that
the member of the Board should not be
the member of the Board.
84AKC Chairperson of the Board
(1) The Governor in Council may, on the
recommendation of the Minister, appoint a
member of the Board to be chairperson of
the Board.
(2) A member of the Board is eligible to be
appointed to be chairperson of the Board if
the member has expertise relating to the
rehabilitation of mines.
(3) The chairperson may resign that office by
notice in writing signed by the chairperson
and delivered to the Minister.
84AKD Deputy chairperson of the Board
(1) The Governor in Council, on the
recommendation of the Minister, must
appoint one of the members of the Board
to be the deputy chairperson of the Board.
(2) The deputy chairperson may resign that
office by notice in writing signed by the
deputy chairperson and delivered to the
Minister.".
16 Functions and powers of the Commissioner
(1) In the heading to section 84AL of the
Principal Act, for "Commissioner" substitute
"Rehabilitation Authority".
(2) In section 84AL(1) of the Principal Act—
(a) for "Commissioner" substitute
"Rehabilitation Authority";
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(b) in paragraph (b), for "Latrobe Valley"
substitute "declared mine";
(c) for paragraph (d) substitute—
"(d) to review any research plan in relation
to the rehabilitation of declared mine
land prepared by a declared mine
licensee and make recommendations,
if any, following a review to the
relevant declared mine licensee;";
(d) in paragraph (f)—
(i) for "coal mine" substitute
"declared mine";
(ii) for "Latrobe Valley" substitute
"declared mine";
(e) in paragraph (g)(iv), for "Latrobe Valley"
substitute "declared mine";
(f) in paragraph (h)—
(i) in subparagraph (ii), for
"Commissioner" substitute
"Rehabilitation Authority";
(ii) in subparagraphs (iii) and (iv), for "coal
mine" substitute "declared mine";
(g) in paragraph (h)(vi), for "rehabilitation plans
of the Latrobe Valley" substitute "declared
mine rehabilitation plans of the declared
mine";
(h) in paragraph (i), for "coal mine" substitute
"declared mine";
(i) in paragraph (k), for "Commissioner"
substitute "Rehabilitation Authority";
(j) in paragraph (l), for "Commissioner's"
substitute "Rehabilitation Authority's";
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(k) in paragraph (m), for "Commissioner"
substitute "Rehabilitation Authority".
(3) After section 84AL(1)(k) of the Principal Act
insert—
"(ka) to monitor and evaluate the risks posed
by geotechnical, hydrogeological, water
quality or hydrological factors for declared
mine land in relation to public safety, the
environment and relevant infrastructure;
(kb) to ensure the monitoring and maintenance
for registered mine land is carried out;
(kc) to establish and maintain a register of
declared mine land;
(kd) to register declared mine land in the declared
mine land register in accordance with the
prescribed requirements and procedures;
(ke) to provide advice to the Minister regarding
conditions that may apply to the registration
of declared mine land;
(kf) to assess the amount of funds to be paid by
declared mine licensees or land holders of
declared mine land to the Rehabilitation
Authority for payment into the Declared
Mine Fund on the registration of declared
mine land;
(kg) to obtain and hold any entitlement, licence
or permission required for the purpose of
rehabilitating, monitoring and maintaining
registered mine land;
(kh) to rehabilitate, monitor, maintain and
manage registered mine land in accordance
with the relevant registered post-closure
plan;
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(ki) to purchase, acquire and dispose of declared
mine land or land in close proximity to
declared mine land;
(kj) to provide advice and recommendations to
the Minister in relation to—
(i) rehabilitation planning activities of
declared mine licensees; and
(ii) any aspect of regional, local or
environmental planning that may be
impacted by or impact on declared
mine land; and
(iii) declared mine land and registered mine
land; and
(iv) the regulatory framework and declared
mine land;
(kk) to provide for the preservation of relevant
records and information in respect of
registered mine land;".
(4) In section 84AL(2) of the Principal Act—
(a) for "Commissioner" substitute
"Rehabilitation Authority";
(b) for "Commissioner's" substitute
"Rehabilitation Authority's".
17 Commissioner to have regard to objective, regional
rehabilitation strategy and regulatory framework
(1) In the heading to section 84AM of the Principal
Act, for "Commissioner" substitute
"Rehabilitation Authority".
(2) In section 84AM of the Principal Act, for
"Commissioner" (where first occurring)
substitute "Rehabilitation Authority".
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(3) In section 84AM(a) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(4) In section 84AM(c) of the Principal Act, for
"framework." substitute "framework; and".
(5) After section 84AM(c) of the Principal Act
insert—
"(d) any Ministerial direction.".
18 Staff to be provided
In section 84AN of the Principal Act—
(a) for "Commissioner" (where twice occurring)
substitute "Rehabilitation Authority";
(b) for "Commissioner's" substitute
"Rehabilitation Authority's".
19 Assistance to be provided by the Department Head
In section 84AO of the Principal Act—
(a) for "Commissioner" (where twice occurring)
substitute "Rehabilitation Authority";
(b) for "Commissioner's" substitute
"Rehabilitation Authority's".
20 Section 84AP substituted
For section 84AP of the Principal Act
substitute—
"84AP Assistance to be provided by a public
sector body and a declared mine licensee
A public sector body and a declared mine
licensee must ensure that the Rehabilitation
Authority is provided with any assistance in
connection with the reasonable performance
of the Rehabilitation Authority's functions
that the Rehabilitation Authority reasonably
requires.".
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21 Heading to Division 4 of Part 7A amended
In the heading to Division 4 of Part 7A of the
Principal Act, for "Commissioner" substitute
"Rehabilitation Authority".
22 Minister may refer a matter for investigation to the
Commissioner
(1) In the heading to section 84AQ of the
Principal Act, for "Commissioner" substitute
"Rehabilitation Authority".
(2) In section 84AQ(1) of the Principal Act—
(a) for "Commissioner" substitute
"Rehabilitation Authority";
(b) in paragraph (a), for "coal mine" substitute
"declared mine".
23 Power of entry and inspection without consent
(1) In section 84AR(1) of the Principal Act—
(a) for "Commissioner" (wherever occurring)
substitute "Rehabilitation Authority";
(b) in paragraph (b), for "coal mine"
(where twice occurring) substitute
"declared mine".
(2) In section 84AR(2) of the Principal Act—
(a) for "The Commissioner or an" substitute
"An";
(b) for "coal mine" (where twice occurring)
substitute "declared mine".
(3) In section 84AR(3) of the Principal Act—
(a) omit "Commissioner or the";
(b) for "coal mine" (where twice occurring)
substitute "declared mine".
(4) In section 84AR(4) of the Principal Act omit
"Commissioner or the" (wherever occurring).
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(5) In section 84AR(5) of the Principal Act—
(a) omit "Commissioner or the" (where twice
occurring);
(b) in paragraph (a) omit "the Commissioner's
identification or".
(6) In section 84AR(6) of the Principal Act omit
"Commissioner or the" (wherever occurring).
24 Occupier or apparent occupier of land must assist
Commissioner or authorised officer to enter
(1) In the heading to section 84AS of the
Principal Act omit "Commissioner or".
(2) In section 84AS of the Principal Act omit
"Commissioner or the" (where twice occurring).
25 Occupier or apparent occupier of land must assist
Commissioner or authorised officer to inspect
(1) In the heading to section 84AT of the
Principal Act omit "Commissioner or".
(2) In section 84AT of the Principal Act omit
"Commissioner or the" (where twice occurring).
26 Authorised officers under this Division
In section 84AU(1)(a) of the Principal Act,
for "Commissioner" substitute "Rehabilitation
Authority".
27 Giving of documents or other things to the
Commissioner by Latrobe Valley licensees
(1) In the heading to section 84AW of the Principal
Act, for "Commissioner by Latrobe Valley"
substitute "Rehabilitation Authority by
declared mine".
(2) In section 84AW(1) of the Principal Act—
(a) for "Latrobe Valley" (where twice occurring)
substitute "declared mine";
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(b) for "Commissioner" (where twice occurring)
substitute "Rehabilitation Authority".
(3) In section 84AW(2) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(4) In section 84AW(3) of the Principal Act, for
"Latrobe Valley" substitute "declared mine".
(5) In section 84AW(4) of the Principal Act—
(a) for "Latrobe Valley" substitute
"declared mine";
(b) for "Commissioner" substitute
"Rehabilitation Authority".
28 Giving of documents or other things to the
Commissioner by public sector bodies
(1) In the heading to section 84AX of the
Principal Act, for "Commissioner" substitute
"Rehabilitation Authority".
(2) In section 84AX(1) of the Principal Act, for
"Commissioner" (where twice occurring)
substitute "Rehabilitation Authority".
(3) In section 84AX(2) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
29 Confidentiality of document or other thing given
under a notice
In section 84AY(1) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
30 Heading to Division 6 of Part 7A amended
In the heading to Division 6 of Part 7A of the
Principal Act, for "Commissioner" substitute
"Rehabilitation Authority".
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31 Definition
In section 84AZ of the Principal Act, in the
definition of non-investigatory function, for
"Commissioner" substitute "Rehabilitation
Authority".
32 Notice requiring documents or information from
public sector body
(1) In section 84AZA(1) of the Principal Act, for
"Commissioner" (wherever occurring) substitute
"Rehabilitation Authority".
(2) In section 84AZA(2) of the Principal Act, for
"Commissioner" (where twice occurring)
substitute "Rehabilitation Authority".
33 Notice requiring documents or information from
Latrobe Valley licensee
(1) In the heading to section 84AZB of the Principal
Act, for "Latrobe Valley" substitute "declared
mine".
(2) In section 84AZB(1) of the Principal Act—
(a) for "Commissioner" (wherever occurring)
substitute "Rehabilitation Authority";
(b) for "Latrobe Valley" substitute "declared
mine".
(3) In section 84AZB(2) of the Principal Act for
"Commissioner" (where twice occurring)
substitute "Rehabilitation Authority".
(4) In section 84AZB(3) of the Principal Act, for
"Latrobe Valley" substitute "declared mine".
34 Commissioner must prepare framework
(1) In the heading to section 84AZC of the Principal
Act, for "Commissioner" substitute
"Rehabilitation Authority".
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(2) In section 84AZC(1) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(3) In section 84AZC(3) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
35 Making the monitoring framework
In section 84AZD of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
36 Amendment of monitoring framework
In section 84AZE of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
37 Making an amendment to the monitoring
framework
(1) In section 84AZF(1) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(2) In section 84AZF(2) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
38 Heading to Division 8 of Part 7A amended
In the heading to Division 8 of Part 7A of the
Principal Act, for "Commissioner" substitute
"Rehabilitation Authority".
39 Report of referral investigation
In section 84AZG(1) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
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40 Annual report of Commissioner
(1) In the heading to section 84AZH of the
Principal Act, for "Commissioner" substitute
"Rehabilitation Authority".
(2) In section 84AZH(1) of the Principal Act—
(a) for "Commissioner" substitute
"Rehabilitation Authority";
(b) for "Commissioner's" (where twice
occurring) substitute "Rehabilitation
Authority's".
(3) In section 84AZH(3) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(4) In section 84AZH(5) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
41 Consultation
In section 84AZI of the Principal Act—
(a) for "Commissioner" substitute
"Rehabilitation Authority";
(b) for "Latrobe Valley" (where twice occurring)
substitute "declared mine".
42 Section 84AZK substituted
For section 84AZK of the Principal Act
substitute—
"84AZK Rehabilitation Authority review of
research plans of declared mine licensee
(1) The Rehabilitation Authority may review a
research plan in relation to the rehabilitation
of declared mine land prepared by a declared
mine licensee.
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(2) The Rehabilitation Authority on carrying out
a review under subsection (1) may make
recommendations or provide comments to
the declared mine licensee.".
43 Minister must consult
In section 84AZR of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
44 New Part 7C inserted
After Part 7B of the Principal Act insert—
"Part 7C—Declared mine land
rehabilitation
Division 1—Preliminary
84AZS Definitions
In this Part—
Register of land has the same meaning
as Register in the Transfer of Land
Act 1958;
Registrar has the same meaning as in the
Transfer of Land Act 1958;
registration amount means an amount
specified in a registration direction;
registration direction means a direction
given by the Minister under section
84AZZB(1)(c).
84AZT Ministerial direction—declared mine land
(1) The Minister may direct the Rehabilitation
Authority to meet specified priorities and
policies in relation to declared mine land by
notice published in the Government Gazette.
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(2) The Minister may from time to time, after
consulting the Board, vary or revoke a
direction given under subsection (1) by
notice published in the Government Gazette.
(3) A direction under subsection (1), including a
variation or revocation of a direction, applies
on and from the publication of the notice in
the Government Gazette or any later date
specified in the direction.
Division 2—Declared mine
rehabilitation plans
84AZU Declared mine licensee to prepare plan for
rehabilitation of land
(1) A declared mine licensee must prepare for
the approval by the Department Head, a plan
for the rehabilitation of the declared mine
land covered by the licensee's licence.
(2) The plan must be prepared within the
prescribed period.
(3) The plan must include—
(a) any rehabilitation plan or requirement
under section 82(3) that the declared
mine licensee enter into a further
rehabilitation bond; and
(b) the prescribed criteria (closure criteria)
to be met by the declared mine licensee
for the closure of the mine on the
declared mine land; and
(c) a document (post-closure plan)
that sets out the monitoring and
maintenance to be carried out on the
closure of the mine on the declared
mine land by (as the case requires)—
(i) the declared mine licensee; or
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(ii) the Rehabilitation Authority; or
(iii) the owner of the land; and
(d) an undertaking by the declared mine
licensee to pay the registration amount
to the Minister on a registration
direction being given for the declared
mine land; and
(e) an assessment of the risks posed by the
geotechnical, hydrogeological, water
quality or hydrological factors within
the declared mine land; and
(f) any other prescribed matter.
(4) The declared mine licensee must consult
with a prescribed person or a prescribed class
of persons in relation to the plan.
84AZV Department Head to consider plan for
rehabilitation of declared mine land
(1) On receiving a plan prepared under
section 84AZU the Department Head must,
in considering the plan—
(a) consult the Rehabilitation Authority;
and
(b) in respect of the closure criteria for
the plan, consult with the Crown land
Minister and the Minister responsible
for administering each of the following
Acts—
(i) the Crown Land (Reserves)
Act 1978;
(ii) the Environment Protection
Act 1970;
(iii) the Forests Act 1958;
(iv) the Land Act 1958;
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(v) the National Parks Act 1975;
(vi) the Planning and Environment
Act 1987;
(vii) the Water Act 1989;
(viii) the Wildlife Act 1975; and
(c) take into account any other prescribed
matter; and
(d) follow any other prescribed process.
(2) The Department Head may, after considering
the plan under subsection (1)—
(a) approve the plan; or
(b) require the changes to the plan
specified in a notice to the declared
mine licensee to be made before the
plan will be approved; or
(c) refuse to approve the plan.
(3) After considering the plan, the Department
Head must as soon as practicable—
(a) notify the declared mine licensee of the
decision under subsection (2); and
(b) if the Department Head refuses to
approve the plan under subsection
(2)(c), provide reasons for the decision.
84AZW Application for variation of declared mine
rehabilitation plan
(1) A declared mine licensee may from time to
time apply to the Department Head to vary a
declared mine rehabilitation plan.
(2) On receiving an application under
subsection (1), the Department Head must
in considering the application—
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(a) consult with the Crown land Minister
and the Minister responsible for
administering the following Acts—
(i) the Crown Land (Reserves)
Act 1978;
(ii) the Environment Protection
Act 1970;
(iii) the Forests Act 1958;
(iv) the Land Act 1958;
(v) the National Parks Act 1975;
(vi) the Planning and Environment
Act 1987;
(vii) the Water Act 1989;
(viii) the Wildlife Act 1975; and
(b) take into account any other prescribed
matter; and
(c) follow any other prescribed process.
(3) The Department Head may, after considering
the variation—
(a) approve the variation of the declared
mine rehabilitation plan; or
(b) require the changes to the variation of
the declared mine rehabilitation plan
specified in a notice to the declared
mine licensee to be made before the
plan will be approved; or
(c) refuse to approve the variation of the
declared mine rehabilitation plan.
(4) After considering the variation, the
Department Head must as soon as
practicable—
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(a) notify the declared mine licensee of the
decision under subsection (3); and
(b) if the Department Head refuses to
approve the variation under subsection
(3)(c), provide reasons for the decision.
84AZX Department Head may direct declared
mine licensee to apply for variation of
declared mine rehabilitation plan
(1) The Department Head may, on the
Department Head's own initiative, determine
that a declared mine rehabilitation plan be
varied.
(2) On making a determination, the Department
Head must give the declared mine licensee
written notice of the proposed variation, and
the reasons for it, and give the declared mine
licensee an opportunity to comment on the
proposal.
(3) After considering any comments made by
the declared mine licensee, the Department
Head may direct the declared mine licensee
to make an application for approval of the
variation under section 84AZW.
Division 3—Closure of mine,
registration of declared mine land and
post-closure plan
84AZY Application for determination that closure
criteria have been met
(1) A declared mine licensee may apply to the
Minister for a determination that the closure
criteria for the declared mine land covered
by the licence of the licensee have been met.
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(2) An application made under subsection (1)
must—
(a) be accompanied by the prescribed
information (if any); and
(b) be accompanied by any other document
or information reasonably required by
the Minister.
84AZZ Consideration of application that closure
criteria have been met
(1) On receiving an application made under
section 84AZY, the Minister must—
(a) request advice from the Rehabilitation
Authority on the application; and
(b) consult on the application with the
Crown land Minister and the Minister
responsible for administering the
following Acts—
(i) the Crown Land (Reserves)
Act 1978;
(ii) the Environment Protection
Act 1970;
(iii) the Forests Act 1958;
(iv) the Land Act 1958;
(v) the National Parks Act 1975;
(vi) the Planning and Environment
Act 1987;
(vii) the Water Act 1989;
(viii) the Wildlife Act 1975; and
(c) take into account any other prescribed
matter; and
(d) follow any other prescribed process.
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(2) The Minister must provide a copy of
an application under section 84AZY
and any accompanying documents to the
Rehabilitation Authority and each Minister
referred to in subsection (1)(b).
84AZZA Determination of application—closure
criteria
(1) After considering an application and any
advice or consultations carried out under
section 84AZZ, the Minister must determine
the application.
(2) The Minister may determine—
(a) that the declared mine licensee has met
the closure criteria for that declared
mine land; or
(b) that the declared mine licensee has not
met the closure criteria for that declared
mine land.
(3) After determining the application the
Minister must as soon as practicable—
(a) notify the declared mine licensee of the
decision under subsection (2); and
(b) if the Minister made a determination
under subsection (2)(b), provide
reasons for the decision.
84AZZB Closure criteria for declared mine land
met
(1) The Minister may, if a declared mine
licensee has met the closure criteria for the
declared mine land covered by the licensee's
licence—
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(a) return the balance of the rehabilitation
bond or any further rehabilitation bond
entered into by the declared mine
licensee; and
(b) consent to the surrender of the declared
mine licence; and
(c) direct the Rehabilitation Authority to
register in the declared mine land
register—
(i) the declared mine land; and
(ii) the post-closure plan for that
declared mine land.
(2) The Minister must cause a copy of a
registration direction to be published in the
Government Gazette.
(3) A registration direction may require—
(a) the Rehabilitation Authority to register
the post-closure plan and the declared
mine land with any specified conditions
and in accordance with the prescribed
procedure (if any); and
(b) the declared mine licensee to give to
the Rehabilitation Authority the
prescribed records and information; and
(c) the declared mine licensee to pay the
Minister the specified registration
amount.
Note
See section 83A for payment of any rehabilitation bond in
respect of declared mine land into the Declared Mine Fund
on cancellation of the mining licence.
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84AZZC Registration of declared mine land
The Rehabilitation Authority must register
any land or part of land that is declared mine
land by entering the prescribed matters in the
declared mine land register if—
(a) the Minister gives a registration
direction to the Rehabilitation
Authority to register any land or part of
the land that is declared mine land; or
(b) the Minister pays any rehabilitation
bond into the Declared Mine Fund
under section 83A on the cancellation
of a mining licence in respect of any
land or part of the land that is declared
mine land.
Division 4—Registered post-closure
plans recorded and transfer of
registered mine land
84AZZD Registered post-closure plan recorded on
title
(1) On the registration of a post-closure plan
in the declared mine land register, the
Rehabilitation Authority must as soon as
practicable lodge with the Registrar notice of
any land, other than unalienated Crown land,
affected by the registered post-closure plan.
(2) On receipt of a notice under this section,
the Registrar must make any recordings in
the Register of land that are necessary or
convenient for the purpose of giving effect to
the notice.
(3) The Registrar may require any evidence of
the identity of any land affected by a notice
lodged under this section that the Registrar
considers fit.
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(4) If a Crown grant is issued in respect of
registered mine land that is unalienated
Crown land, any registered post-closure plan
affecting the land must be specified in a
notice to the Registrar accompanying the
Crown grant.
(5) A notice under this section must be in a form
approved by the Registrar.
84AZZE Removal of registered post-closure plan
from title
(1) On the removal of a registered post-closure
plan under section 84AZZM(2)(b) from the
declared mine land register, the
Rehabilitation Authority must as soon as
practicable lodge with the Registrar notice of
any land affected by the removal.
(2) On receipt of the notice under this section
the Registrar must make any recording in
the Register of land that is necessary or
convenient for the purpose of giving effect
to the notice.
84AZZF Transfer of registered mine land to
Rehabilitation Authority
The owner of registered mine land
may transfer the land in accordance with
the Transfer of Land Act 1958 to the
Rehabilitation Authority, whether or not
for valuable consideration.
Division 5—Declared Mine Fund
84AZZG Declared Mine Fund
There must be established in the Public
Account as part of the Trust Fund an account
to be known as the Declared Mine Fund.
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84AZZH Payments into the Fund
There must be paid into the Declared Mine
Fund—
(a) all money that is appropriated by the
Parliament for the purposes of the
Fund; and
(b) all money that is received from the
investment of money in the Fund; and
(c) all money directed or authorised to be
paid into the Fund by or under this or
any other Act.
84AZZI Payments out of the Fund
(1) There must be paid out of the Declared Mine
Fund—
(a) amounts authorised by the Minister
to fund the cost of all or any part of
the monitoring, maintenance and
rehabilitation of registered mine land;
and
(b) amounts authorised by the Minister to
fund the cost of unforeseen events in
relation to registered mine land.
(2) There must be paid out of the Declared Mine
Fund amounts authorised by the Minister for
the payment of costs and expenses incurred
in—
(a) administering this Part; and
(b) monitoring and reporting on the
financial operations and financial
position of the Fund.
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84AZZJ Delegation of power to authorise
payments
The Minister may, by instrument, delegate
the Minister's power to authorise payments
under section 84AZZI to the Department
Head.
Division 6—Monitoring and
maintenance of registered mine land
84AZZK Functions and powers of the
Rehabilitation Authority—registered
mine land
In relation to any requirement in a registered
post-closure plan for registered mine land
not owned by the Rehabilitation Authority
that the Rehabilitation Authority carry out
ongoing monitoring and maintenance of the
land, the Rehabilitation Authority may
exercise any function or power under
Part 7A, other than a function or power
under Division 4 of that Part.
Division 7—Register of declared
mine land
84AZZL Register of declared mine land
(1) The Rehabilitation Authority must establish
and maintain a register of declared mine land
registered under this Part.
(2) The register of declared mine land may—
(a) be kept in electronic form; and
(b) be inspected by any person.
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(3) The Rehabilitation Authority must for each
registration of declared mine land—
(a) register the following documents in the
register of declared mine land—
(i) any licence (whether or not in
force) that covers the land;
(ii) the post-closure plan for the land;
(iii) any prescribed records or
information that relate to the land;
and
(b) record in the register of declared mine
land—
(i) the declared mine land; and
(ii) any conditions that apply to the
recording of the land; and
(iii) any prescribed matters.
84AZZM Removal of registered mine land from the
Register
(1) The Minister may direct the Rehabilitation
Authority to remove registered mine land
or a part of that land from the declared
mine land register, if the Minister is
satisfied that the geotechnical, water quality
or hydrogeological factors that posed a
significant risk to public safety, the
environment or infrastructure that existed
on the registration of the declared mine
land are no longer present.
(2) On receipt of a direction referred to in
subsection (1), the Rehabilitation Authority
must amend the declared mine land
register—
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(a) by removing the registered mine land or
a part of that land that is the subject of
the direction; and
(b) by removing the registered post-closure
plan for that land if the whole of the
land is removed.".
45 Notice requiring authority holder to take action or
stop work
(1) After section 110(1)(b)(v) of the Principal Act
insert—
"(vi) has not complied with a declared mine
rehabilitation plan; or".
(2) After section 110(1)(b) of the Principal Act
insert—
"(ba) a former licensee or former holder of a
mining licence for declared mine land
has not complied with a declared mine
rehabilitation plan; or".
46 New sections 110B and 110C inserted
After section 110A of the Principal Act insert—
"110B Notice requiring owner of registered mine
land to take action or stop work
(1) This section applies if the Minister believes
on reasonable grounds that—
(a) an act or omission of an owner
of registered mine land is likely to
result in a risk to public safety, the
environment, land, property or
infrastructure; or
(b) an owner of registered mine land has
contravened the owner's obligations
under the registered post-closure plan;
or
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(c) an owner of registered mine land has
contravened or is likely to contravene
this Act.
(2) The Minister may, by notice served on the
owner of registered mine land, require the
taking within a specified period of any of the
actions set out in subsection (3) in order to—
(a) remedy the contravention or non-
compliance; or
(b) avoid the likely contravention or non-
compliance; or
(c) avoid, minimise or remove the risk to
public safety, the environment, land,
property or infrastructure.
(3) The actions the Minister may require in a
notice under subsection (2) are as follows—
(a) prohibit the doing of any activity
or class of activity by the owner of
registered mine land for a specified
period or until the occurrence of a
specified event;
(b) require the owner of registered mine
land to supply any plans or other
information specified in the notice;
(c) require the owner of registered mine
land to do any of the following—
(i) to provide monitoring equipment;
(ii) to carry out any monitoring or
surveys specified in the notice;
(iii) to have any audit or assessment
specified in the notice carried out
by an appropriately qualified
person or body;
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(iv) to give the Minister a report
detailing the results of the
monitoring surveys, audit or
assessment.
(4) The Minister may, by notice served on the
owner of registered mine land, vary or cancel
a notice under subsection (2).
(5) The owner of registered mine land
must comply with a notice under
subsection (2) or as varied under
subsection (4).
Penalty: In the case of a corporation,
2500 penalty units;
In any other case, 500 penalty
units.
Default penalty:
In the case of a corporation,
300 penalty units;
In any other case, 60 penalty
units.
110C Review of decision to issue notice to owner
of registered mine land
(1) A person whose interests are affected by a
decision of the Minister to serve a notice
under section 110B(2) or vary a notice under
section 110B(4) may apply to the Tribunal
for review of the decision.
(2) An application for review must be made
within 28 days after the later of the
following—
(a) the day on which the notice, or notice
of the variation, is served;
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(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the person requests a statement of
reasons for the decision to serve or
vary the notice—
(i) the day on which the statement of
reasons is given to the person; or
(ii) the day on which the person is
informed under section 46(5) of
that Act that a statement of
reasons will not be given.
(3) A person cannot apply under subsection (1)
for review of the variation of a notice if the
purpose of the variation is limited to—
(a) correcting a minor or technical error in
the notice; or
(b) extending the period within which an
action required by the notice must be
taken; or
(c) reducing the period during which the
doing of any activity or class of activity
is prohibited.".
47 Regulations
(1) After section 124(1)(ob) of the Principal Act
insert—
"(oc) prescribing in relation to the rehabilitation
and closure of mines on declared mine land
and the rehabilitation, management and
monitoring of registered mine land—
(i) the matters to be included in and
requirements of declared mine
rehabilitation plans; and
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(ii) the matters to be included in and the
process for determining the closure
criteria for the closure of a mine on
declared mine land; and
(iii) the risks to public safety, the
environment and infrastructure to be
taken into account in determining the
closure criteria for the closure of a
declared mine including the risks posed
by geotechnical, hydrogeological, water
quality or hydrological matters; and
(iv) the criteria and process for assessing
the rehabilitation of declared mine land;
and
(v) the process for registering declared
mine land in the declared mine land
register; and
(vi) the process and method for
determining the amount to be paid to
the Minister by a declared mine
licensee or for determining payment
into the Declared Mine Fund under
section 83A; and
(od) the carrying out of a function or power by
the Rehabilitation Authority; and".
(2) After section 124(8) of the Principal Act insert—
"(9) The Governor in Council may make
regulations containing provisions of a
transitional nature, including—
(a) provisions of an application and
savings nature, arising as a result of the
enactment of the Mineral Resources
(Sustainable Development)
Amendment Act 2019; and
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(b) provisions amending or repealing
regulations made under this Act which
are required by or necessary as a result
of the enactment of that Act.
(10) Regulations made under subsection (9) may
have a retrospective effect to a day on or
after the commencement of this section.
(11) To the extent that regulations made under
subsection (9) have a retrospective effect, the
regulations do not operate so as—
(a) to affect, in a manner prejudicial to
any person, the rights of that person
existing before the date of the
regulations coming into operation; or
(b) to impose liabilities on any person
in respect of anything done or omitted
to be done before the date of the
regulations coming into operation.
(12) Regulations made under subsection (9) have
effect despite anything to the contrary in
any Act (other than this Act or the Charter
of Human Rights and Responsibilities
Act 2006) or in any subordinate
instrument.".
48 Repeal of transitional regulation-making powers
Section 124(9), (10), (11) and (12) of the Principal
Act are repealed on the first anniversary of the
commencement of section 44.
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49 New section 142 inserted
At the end of Part 14 of the Principal Act insert—
"142 Transitional provisions—Mineral
Resources (Sustainable Development)
Amendment Act 2019
(1) The Rehabilitation Authority must prepare
or continue and complete the annual report
of the Commissioner for a period of time
prior to 30 September 2020, if this has not
been completed by the Commissioner before
the commencement of section 15 of the
Mineral Resources (Sustainable
Development) Amendment Act 2019.
(2) The Rehabilitation Authority must complete
any review of a Latrobe Valley licensee
commenced by the Commissioner under
section 84AZK before the commencement
of section 42 of the Mineral Resources
(Sustainable Development) Amendment
Act 2019 if it is not complete on that
commencement.
(3) The Rehabilitation Authority must complete
the investigation of a matter referred to
the Commissioner by the Minister under
section 84AQ before the commencement
of section 22 of the Mineral Resources
(Sustainable Development) Amendment
Act 2019 that is incomplete immediately
before that commencement.
(4) Any notice issued by the Commissioner
under Division 6 of Part 7A before the
commencement of sections 32 and 33 of the
Mineral Resources (Sustainable
Development) Amendment Act 2019 is
taken on and from that commencement to be
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a notice issued by the Rehabilitation
Authority.
(5) On and from the commencement of
section 15 of the Mineral Resources
(Sustainable Development) Amendment
Act 2019 any records of the Commissioner
are taken to be records of the Rehabilitation
Authority.".
Division 2—Amendment of Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017
50 Definitions
Section 6(2) of the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017 is repealed.
51 Functions and powers of the Commissioner
In the heading to section 7 of the Mineral
Resources (Sustainable Development)
Amendment (Latrobe Valley Mine
Rehabilitation Commissioner) Act 2017, for
"Commissioner" substitute "Rehabilitation
Authority".
52 Amendments to new Division 7 of Part 7A
(1) In section 8 of the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017, in the heading to
proposed section 84AZC of the Principal Act,
for "Commissioner" substitute "Rehabilitation
Authority".
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(2) In section 8 of the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017, in proposed
section 84AZC(1) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(3) In section 8 of the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017, in proposed
section 84AZC(3) of the Principal Act—
(a) for "Commissioner" substitute
"Rehabilitation Authority";
(b) in paragraph (c), for "licensees."
substitute "licensees; and";
(c) after paragraph (c) insert—
"(d) the declared mine licensees.".
(4) In section 8 of the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017, in proposed
section 84AZD of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(5) In section 8 of the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017, in proposed
section 84AZE of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(6) In section 8 of the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017, in proposed
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section 84AZF(1) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
(7) In section 8 of the Mineral Resources
(Sustainable Development) Amendment
(Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017, in proposed
section 84AZF(2) of the Principal Act, for
"Commissioner" substitute "Rehabilitation
Authority".
Division 3—Amendment of other Acts
53 Schedule 2 to the Criminal Procedure Act 2009
amended
After item 19A of Schedule 2 to the Criminal
Procedure Act 2009 insert—
"19B Mineral Resources (Sustainable
Development) Act 1990
19B.1 Indictable offences under the Mineral
Resources (Sustainable Development)
Act 1990.".
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Part 3—Further amendment of Mineral
Resources (Sustainable Development)
Act 1990
54 Prospecting licences
In section 14B(3)(a) of the Principal Act, for
"5 years" substitute "7 years".
55 New section 24A inserted
After section 24 of the Principal Act insert—
"24A Comments on licence
(1) Any person may comment on a licence being
granted.
(2) A person who comments must—
(a) put the comments in writing; and
(b) include the basis on which the
comments are made; and
(c) send the comments to the Minister
within 21 days after the latest date on
which the application was advertised.
(3) The Department Head must make sure that
a copy of each set of comments received by
the Minister is available to be inspected at
the principal office of the Department by any
person, on request and free of charge, during
office hours until the application is granted
or refused.".
56 Grant or refusal of licence
In section 25(2) of the Principal Act, after
"section 24" insert "and any comments made
under section 24A".
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57 Application of Act to licence application
In section 26AE(1) of the Principal Act, for
"and 24" substitute ", 24 and 24A".
58 Grant or refusal of licence
In section 26AF(2) of the Principal Act, for
"section 24" substitute "section 24 and any
comments made under section 24A".
59 Grant or refusal of licence
In section 26AM(3) of the Principal Act, for
"section 24" substitute "section 24 and any
comments made under section 24A".
60 Statute law revision
In the heading to section 40 of the Principal Act,
for "Plan" substitute "plan".
61 Compensation agreement
In section 87(3) of the Principal Act, after
"may include" insert ", in relation to the amount
or kind of compensation payable or any other
agreed matter".
62 New section 141 inserted
After section 140 of the Principal Act insert—
"141 Transitional provision—Mineral
Resources (Sustainable Development)
Amendment Act 2019
(1) A prospecting licence that was in force
immediately before the commencement
of section 54 of the Mineral Resources
(Sustainable Development) Amendment
Act 2019 is taken, on and after that
commencement, to be in force for the
period beginning on the date the prospecting
licence is registered and ending on the
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seventh anniversary of that date, unless
sooner surrendered or cancelled.
(2) Section 14B as in force on or after the
commencement of section 54 of the Mineral
Resources (Sustainable Development)
Amendment Act 2019 applies to an
application that is in existence but not
decided immediately before that
commencement.".
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Part 4—Repeal of this Act
63 Repeal of this Act
This Act is repealed on 1 July 2021.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 5 June 2019
Legislative Council: 29 August 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the
Criminal Procedure Act 2009, the Mineral Resources (Sustainable
Development) Act 1990, the Mineral Resources (Sustainable
Development) Amendment (Latrobe Valley Mine Rehabilitation
Commissioner) Act 2017 and for other purposes."
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