Mineral Resources Development (Further Amendment) Act 2001

i Mineral Resources Development (Further Amendment) Act 2001 Act No. 71/2001 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Peat to be considered to be stone, not a mineral 2 4. Omission of redundant reference 2 5. Insertion of section 131 2 131. Saving and transitional provisions—2001 amendments 2 6. Insertion of Schedule 6 3 ═══════════════ ENDNOTES 5 -- 1 of 6 -- 1 Mineral Resources Development (Further Amendment) Act 2001 † [Assented to 7 November 2001] The Parliament of Victoria enacts as follows: 1. Purpose The main purpose of this Act is to transfer peat from the ambit of the Mineral Resources Development Act 1990 to the ambit of the Extractive Industries Development Act 1995. Victoria No. 71 of 2001 -- 2 of 6 -- Act No. 71/2001 Mineral Resources Development (Further Amendment) Act 2001 2 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Peat to be considered to be stone, not a mineral (1) In the Mineral Resources Development Act 1990— (a) in section 4(1), in the definition of "mineral", in paragraph (b), after "stone" insert ", peat"; (b) in section 4(1), in the definition of "stone", after paragraph (e) insert— "(ea) peat; or"; (c) in Schedule 4, omit item 6. (2) In section 3(1) of the Extractive Industries Development Act 1995, in the definition of "stone", after paragraph (e) insert— "(ea) peat; or". 4. Omission of redundant reference In section 38AA(3)(a)(i) of the Mineral Resources Development Act 1990, omit "or native title". 5. Insertion of section 131 After section 130 of the Mineral Resources Development Act 1990 insert— "131. Saving and transitional provisions— 2001 amendments Schedule 6 contains saving and transitional provisions arising from the amendments made to this Act by the Mineral Resources Development (Further Amendment) Act 2001.". s. 2 See: Act No. 92/1990 Reprint No. 5 as at 23/8/2001 LawToday: www.dms. dpc.vic. gov.au -- 3 of 6 -- Act No. 71/2001 Mineral Resources Development (Further Amendment) Act 2001 3 6. Insertion of Schedule 6 After Schedule 5 of the Mineral Resources Development Act 1990 insert— 'SCHEDULE 6 SAVING AND TRANSITIONAL PROVISIONS ARISING FROM THE MINERAL RESOURCES DEVELOPMENT (FURTHER AMENDMENT) ACT 2001 1. Definition In this Schedule "amending Act" means the Mineral Resources Development (Further Amendment) Act 2001. 2. Peat mining licences to continue (1) In this clause "licence" means Mining Licence No. 4667 granted on 27 May 1993. (2) The licence continues, until the expiry of the licence, to remain in force after the commencement of the amending Act, subject to this Act, as if peat was still a mineral. (3) The licence may be renewed after the commencement of the amending Act in accordance with this Act as if peat was still a mineral. 3. Peat exploration licences to continue (1) In this clause "licence" means— (a) Exploration Licence No. 4115 granted on 22 July 1997; (b) Exploration Licence No. 4387 granted on 12 May 2000; (c) Exploration Licence No. 4451 granted on 12 May 2000. s. 6 -- 4 of 6 -- Act No. 71/2001 Mineral Resources Development (Further Amendment) Act 2001 4 (2) A licence continues, until the expiry of the licence, to remain in force after the commencement of the amending Act, subject to this Act, as if peat was still a mineral subject to the following exceptions— (a) the holder of the licence is not entitled to apply for a mining licence in respect of peat; and (b) the Minister must not renew the licence for a period that allows the licence to remain in force on or after 12 May 2012. 4. Inconsistent permits and authorities not to be granted The Minister administering the Extractive Industries Development Act 1995 must not grant under that Act— (a) a permit that allows any searching for, or the carrying out of any survey or other operation for the purpose of searching for, peat; or (b) a work authority that allows the carrying out of any extractive industry involving peat— over, in or from any area of land covered by a licence to which clause 2 or 3 applies while that licence remains in force.'. ═══════════════ s. 6 -- 5 of 6 -- Act No. 71/2001 Mineral Resources Development (Further Amendment) Act 2001 5 ENDNOTES † Minister's second reading speech— Legislative Assembly: 27 September 2001 Legislative Council: 18 October 2001 The long title for the Bill for this Act was "to amend the Mineral Resources Development Act 1990 and the Extractive Industries Development Act 1995 and for other purposes." Endnotes -- 6 of 6 --