Resources Legislation Amendment Act 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Resources Legislation Amendment Act 2015 No. 47 of 2015 TABLE OF PROVISIONS Section Page Part 1—Preliminary 1 1 Purposes 1 2 Commencement 3 Part 2—Amendment of Mineral Resources (Sustainable Development) Amendment Act 2014 4 3 Work plan requirements—further amendment of section 40 4 4 Work plan 4 Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 5 5 Objectives 5 6 Offence to carry on extractive industry without authority 5 7 Grant of licence 7 8 Variation of licence 8 9 Work Plan—licences 8 10 Application for variation of work plan—licences 8 11 Work plan—extractive industry work authorities 8 12 Application for variation of work plan—extractive industry work authorities 8 13 Conditions of extractive industry work authorities 9 14 Variation of an extractive industry work authority 10 15 Schedule 9—Work plans 10 16 Schedule 9—new clause 3A inserted 11 Part 4—Amendment of Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 13 17 Commencement—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 13 18 Amendments consequential on Water Act 2014 13 Part 5—Repeal of amending Act 14 19 Repeal of amending Act 14 ═══════════════ -- 1 of 17 -- Section Page ii Authorised by the Chief Parliamentary Counsel Endnotes 15 1 General information 15 -- 2 of 17 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Resources Legislation Amendment Act 2015 † No. 47 of 2015 [Assented to 22 September 2015] 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) Amendment Act 2014 so that risk-based work plans must identify risks to infrastructure; and Victoria -- 3 of 17 -- Part 1—Preliminary Resources Legislation Amendment Act 2015 No. 47 of 2015 2 Authorised by the Chief Parliamentary Counsel (b) to amend the Mineral Resources (Sustainable Development) Act 1990— (i) to increase the penalties for carrying on an extractive industry without, or otherwise than in accordance with, an extractive industry work authority; and (ii) to enable the Minister to set conditions on a licence or extractive industry work authority relating to the elimination or minimisation of risks; and (iii) to enable the Minister to vary a licence or extractive industry work authority for the purposes of eliminating or minimising risks; and (iv) to enable the Minister to require a licensee or holder of an extractive industry work authority to report on work undertaken under the licence or extractive industry work authority; and (v) to enable the Head of the Department of Economic Development, Jobs, Transport and Resources to direct that a work plan that was lodged or approved before the commencement of the Mineral Resources (Sustainable Development) Amendment Act 2014 be varied in order to minimise risks; and (vi) so that the transitional arrangements for the introduction of risk-based work plans apply to extractive industry work authorities as well as licences; and (c) to make statute law revisions to the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014. -- 4 of 17 -- Part 1—Preliminary Resources Legislation Amendment Act 2015 No. 47 of 2015 3 Authorised by the Chief Parliamentary Counsel 2 Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. -- 5 of 17 -- Part 2—Amendment of Mineral Resources (Sustainable Development) Amendment Act 2014 Resources Legislation Amendment Act 2015 No. 47 of 2015 4 Authorised by the Chief Parliamentary Counsel Part 2—Amendment of Mineral Resources (Sustainable Development) Amendment Act 2014 3 Work plan requirements—further amendment of section 40 In section 16 of the Mineral Resources (Sustainable Development) Amendment Act 2014, in proposed section 40(3)(b) of the Mineral Resources (Sustainable Development) Act 1990, for "land or property" substitute "land, property or infrastructure". 4 Work plan In section 27(1) of the Mineral Resources (Sustainable Development) Amendment Act 2014, in proposed section 77G(3)(b) of the Mineral Resources (Sustainable Development) Act 1990, for "land or property" substitute "land, property or infrastructure". -- 6 of 17 -- Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015 No. 47 of 2015 5 Authorised by the Chief Parliamentary Counsel Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 5 Objectives (1) For section 2(1)(b)(i) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(i) risks posed to the environment, to members of the public, or to land, property or infrastructure by work being done under a licence or extractive industry work authority are identified and are eliminated or minimised as far as reasonably practicable; and". (2) Section 2(1)(b)(vii) of the Mineral Resources (Sustainable Development) Act 1990 is repealed. 6 Offence to carry on extractive industry without authority (1) For the penalty at the foot of section 8AB(1) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units.". (2) For section 8AB(2) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(2) The holder of an extractive industry work authority and the manager of the place where the extractive industry is being carried out under the work authority must not carry out extractive industry under the work authority otherwise than— -- 7 of 17 -- Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015 No. 47 of 2015 6 Authorised by the Chief Parliamentary Counsel (a) in accordance with the work authority; and (b) in accordance with the approved work plan. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units.". (3) For section 8AB(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(3) The holder of an extractive industry work authority and the manager of the place where the extractive industry is being carried out under the work authority must comply with this Act and the regulations in doing any work under the work authority. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units.". (4) After section 8AB(3) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(4) A person who is convicted of an offence against this section is also liable to the following default penalty— (a) in the case of a corporation, 20 penalty units; (b) in any other case, 10 penalty units. Note For default penalties, see section 111A.". -- 8 of 17 -- Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015 No. 47 of 2015 7 Authorised by the Chief Parliamentary Counsel 7 Grant of licence (1) For section 26(2)(b) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(b) elimination and minimisation of the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work;". (2) After section 26(4) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(4AA) Following consultation with the licensee, the Minister may by notice in writing require, as a condition to which a licence is subject, that the licensee— (a) submit to the Minister a report on work undertaken under the licence; and (b) publish that report. (4AB) A notice under subsection (4AA) must specify— (a) the work undertaken under the licence on which the licensee must report; and (b) the manner in which the licensee must submit the report to the Minister; and (c) the manner in which the licensee must publish the report; and (d) the dates by which the report must be submitted and published.". -- 9 of 17 -- Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015 No. 47 of 2015 8 Authorised by the Chief Parliamentary Counsel 8 Variation of licence (1) After section 34(2)(a) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(ab) if the Minister decides it is necessary to eliminate or minimise the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; or". (2) In section 34(2)(b) of the Mineral Resources (Sustainable Development) Act 1990, omit "the protection of the environment or". 9 Work Plan—licences In section 40(2) of the Mineral Resources (Sustainable Development) Act 1990, for "Minister" substitute "Department Head". 10 Application for variation of work plan—licences In section 41(1)(b) of the Mineral Resources (Sustainable Development) Act 1990, after "section 41AA" insert "or clause 3 of Schedule 9". 11 Work plan—extractive industry work authorities In section 77G(2) of the Mineral Resources (Sustainable Development) Act 1990, for "Minister" substitute "Department Head". 12 Application for variation of work plan—extractive industry work authorities In section 77H(1)(b) of the Mineral Resources (Sustainable Development) Act 1990, after "section 77HA" insert "or clause 3A of Schedule 9". -- 10 of 17 -- Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015 No. 47 of 2015 9 Authorised by the Chief Parliamentary Counsel 13 Conditions of extractive industry work authorities (1) For section 77J(1)(c) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(c) elimination and minimisation of the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work;". (2) Section 77J(1)(d) and (f) of the Mineral Resources (Sustainable Development) Act 1990 are repealed. (3) After section 77J(2) of the Mineral Resources (Sustainable Development) Act 1990 insert— "(3) Following consultation with the holder of the extractive industry work authority, the Minister may by notice in writing require, as a condition to which an extractive industry work authority is subject, that the holder— (a) submit to the Minister a report on work undertaken under the extractive industry work authority; and (b) publish that report. (4) A notice under subsection (3) must specify— (a) the work undertaken under the extractive industry work authority on which the holder must report; and (b) the manner in which the holder must submit the report to the Minister; and (c) the manner in which the holder must publish the report; and (d) the dates by which the report must be submitted and published.". -- 11 of 17 -- Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015 No. 47 of 2015 10 Authorised by the Chief Parliamentary Counsel 14 Variation of an extractive industry work authority (1) In section 77M(2)(b) of the Mineral Resources (Sustainable Development) Act 1990, omit "the protection of the environment or". (2) For section 77M(2)(c) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "(c) if the Minister decides it is necessary to eliminate or minimise the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work.". 15 Schedule 9—Work plans (1) For the heading to clause 3 of Schedule 9 to the Mineral Resources (Sustainable Development) Act 1990 substitute— "3 Work plans—licences". (2) In clause 3(3) of Schedule 9 to the Mineral Resources (Sustainable Development) Act 1990, for "clause (1)(b)" substitute "subclause (1)(b)". (3) After clause 3(3) of Schedule 9 to the Mineral Resources (Sustainable Development) Act 1990 insert— "(4) Despite subclauses (2) and (3), if the Department Head is satisfied that work set out in a work plan described in subclause (1)(a) or (b) may pose an unacceptable risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of that work, the Department Head may direct that the work plan be varied so that it complies with section 40(3) as amended by section 16 of the amending Act. -- 12 of 17 -- Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015 No. 47 of 2015 11 Authorised by the Chief Parliamentary Counsel (5) On making a determination under subclause (4), the Department Head must give the licensee written notice of the proposed variation, and the reasons for it, and give the licensee an opportunity to comment on the proposal. (6) After considering any comments made by the licensee, the Department Head may direct the licensee to lodge an application under section 41 for approval of the variation.". 16 Schedule 9—new clause 3A inserted After clause 3 of Schedule 9 to the Mineral Resources (Sustainable Development) Act 1990 insert— "3A Work plans—extractive industry work authorities (1) This clause applies— (a) to the holder of an extractive industry work authority who has an approved work plan immediately before the commencement of section 27 of the amending Act; or (b) to a person who, before the commencement of section 27 of the amending Act, lodged a work plan under section 77G as in force before that commencement; or (c) to the holder of an extractive industry work authority who, before the commencement of section 27 of the amending Act, lodged an application for the variation of an approved work plan under section 77H as in force before that commencement. -- 13 of 17 -- Part 3—Amendment of Mineral Resources (Sustainable Development) Act 1990 Resources Legislation Amendment Act 2015 No. 47 of 2015 12 Authorised by the Chief Parliamentary Counsel (2) Despite anything to the contrary in Part 6A of this Act, a person to whom this clause applies is not required to comply with the requirements for an approved work plan as in force after the commencement of section 27 of the amending Act if the approved work plan has not been varied after that commencement. (3) Part 6A of this Act as in force immediately before the commencement of section 27 of the amending Act continues to apply to the approval of a work plan to which subclause (1)(b) applies. (4) Despite subclauses (2) and (3), if the Department Head is satisfied that work set out in a work plan described in subclause (1)(a), (b) or (c) may pose an unacceptable risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of that work, the Department Head may direct that the work plan be varied so that it complies with section 77G(3) as amended by section 27 of the amending Act. (5) On making a determination under subclause (4), the Department Head must give the person who holds the extractive industry work authority or lodged the work plan written notice of the proposed variation, and the reasons for it, and give the person an opportunity to comment on the proposal. (6) After considering any comments made by the person who holds the extractive industry work authority or lodged the work plan, the Department Head may direct the person to lodge an application under section 77H for approval of the variation.". -- 14 of 17 -- Part 4—Amendment of Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 Resources Legislation Amendment Act 2015 No. 47 of 2015 13 Authorised by the Chief Parliamentary Counsel Part 4—Amendment of Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 17 Commencement—Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 (1) In section 2(1) of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, omit "(except section 64)". (2) Section 2(2) of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 is repealed. (3) In section 2(3) of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, for "63, 64 or 69" substitute "63 or 69". 18 Amendments consequential on Water Act 2014 Section 64 of the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 is repealed. -- 15 of 17 -- Part 5—Repeal of amending Act Resources Legislation Amendment Act 2015 No. 47 of 2015 14 Authorised by the Chief Parliamentary Counsel Part 5—Repeal of amending Act 19 Repeal of amending Act This Act is repealed on the first anniversary of its commencement. 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). ═══════════════ -- 16 of 17 -- Endnotes Resources Legislation Amendment Act 2015 No. 47 of 2015 15 Authorised by the Chief Parliamentary Counsel 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 August 2015 Legislative Council: 20 August 2015 The long title for the Bill for this Act was "A Bill for an Act to amend the Mineral Resources (Sustainable Development) Amendment Act 2014, the Mineral Resources (Sustainable Development) Act 1990 and the Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014 and for other purposes." -- 17 of 17 --