Mineral Resources Development (Amendment) Act 2000

i Mineral Resources Development (Amendment) Act 2000 Act No. 82/2000 TABLE OF PROVISIONS Section Page 1. Purpose 1 2. Commencement 2 3. Additional objective 2 4. Changes to definitions 3 5. Insertion of section 5A 6 5A. Interaction of this Act with native title legislation 6 6. Land not available for exploration, mining and searching 6 7. Minister's power to exempt land from exploration etc. 7 8. Insertion of sections 7A and 7B 8 7A. Minister may declare meaning of graticular section 8 7B. Ministers may declare low impact exploration activity 8 9. Licence etc. needed to search, explore or mine 8 10. Insertion of section 8A 9 8A. Aerial surveys permitted without licence 9 11. Change concerning royalties 9 12. Exploration licences 10 13. Mining licences 10 14. Changes concerning licence applications 11 15. Minor amendment 14 16. Insertion of new section 19 14 19. Withdrawal of application 15 17. Repeal of relocated provisions 15 18. Substitution of section 23 15 23. Priority of applications 15 19. Grant or refusal of licence 16 20. Insertion of section 25A 16 25A. Waiver of exploration licence holder's consent 16 21. Grant of licence 18 22. Insertion of sections 26A–26E 19 26A. Statement of economic significance if agricultural land covered by licence 19 26B. Excision of agricultural land from a licence 20 26C. Notice of excision dispute 21 26D. Resolution of excision disputes 22 -- 1 of 75 -- Section Page ii 26E. Offence to divulge details of a statement of economic significance 23 23. Substitution of section 27 23 27. Tenders 23 24. Substitution of section 28 24 28. Mining licence grant excises exploration licence land 24 25. Time within which licence renewals to be sought 25 26. Relocation of exploration licence reduction provision 25 27. Change to exploration licence renewal period 25 28. Insertion of sections 33A and 33B 25 33A. Transfer of land from one mining licence to another 25 33B. Mining licence may be split and transferred 27 29. Variation of exploration licence period 28 30. Substitution of section 35 28 35. Combined conditions 29 31. Changes concerning amalgamation of licences 29 32. Insertion of section 36A 30 36A. Expedited procedure for replacement of invalidated title 30 33. Additional licence cancellation grounds 30 34. Insertion of section 38A 32 38A. Decrease in area under exploration licence 32 35. Insertion of sections 38AA–38AD 33 38AA. Boundaries of licence area must be surveyed and marked out 33 38AB. Authority to enter land 34 38AC. Offence not to show authority 35 38AD. Security 35 38AE. Insurance 36 36. Substitution of section 39 37 39. Work must be approved 37 37. Change concerning work plans 38 38. Substitution of section 41 40 41. Variation of work plan on application of a licensee 40 41AA. Department Head may direct variation of work plan 42 39. Minor consequential amendments 43 40. Changes concerning work authorities 43 41. Insertion of section 42A 45 42A. Planning permits not required for some work variations 45 42. Changes concerning the start of exploration work 46 43. Clarification that planning requirements still apply to unrestricted Crown land 48 44. Restriction concerning deemed consents 48 45. Protection of buildings and sites 49 46. Consultation in relation to authorisations to mine near protected areas 51 47. Plan of mine 52 -- 2 of 75 -- Section Page iii 48. Substitution of section 47A 52 47A. Management of worksites 52 49. Entitlements under a miner's right 53 50. Obligations of miner's right holders 54 51. Entitlements under a tourist fossicking authority 54 52. Changes concerning the register 55 53. Additional requirement for rehabilitation plan 56 54. Rehabilitation bonds 57 55. Conditions on return of rehabilitation bonds 57 56. Change to bond return period 57 57. Changes concerning compensation 58 58. Insertion of section 85A 58 85A. What compensation is payable for—Crown land 58 59. Insertion of section 88A 60 88A. Determination of disputes—Crown land 60 60. Limit on amount of compensation for loss of amenity 61 61. Change of title 61 62. Substitution of section 93 61 93. Offence to obstruct inspector etc. 61 63. Repeal of Part 10—Mine Managers' Certificates 62 64. Additional powers of the Minister in contravention cases 62 65. Insertion of section 111A 65 111A. Default penalties 65 66. Surveys and drilling operations 65 67. Abandoned plant 66 68. Information supplied by licensees 67 69. Supreme Court—limitation of jurisdiction 67 123. Supreme Court—limitation of jurisdiction 67 70. Regulations 68 71. Insertion of section 130 68 130. Saving and transitional provisions—2000 amendments 68 72. Increase in miscellaneous penalties 68 73. Insertion of Schedule 5 68 74. Repeal of spent Act 71 75. Amendment to the National Parks Act 1975 71 ═══════════════ ENDNOTES 72 -- 3 of 75 -- 1 Mineral Resources Development (Amendment) Act 2000 † [Assented to 28 November 2000] The Parliament of Victoria enacts as follows: 1. Purpose The purpose of this Act is— (a) to amend the Mineral Resources Development Act 1990— (i) to impose a cap on loss of amenity claims arising from mining operations; and Victoria No. 82 of 2000 -- 4 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 2 (ii) to enable the recovery of compensation for the use of Crown land in mining operations; and (iii) to modify the operation of the "100 metre rule" in relation to the protection of significant buildings and sites; and (iv) to modify the licence application process and the process for obtaining approval to start mining operations; and (v) to give recognition to the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994; and (vi) to generally improve the operation of that Act; and (b) to make a consequential amendment to the National Parks Act 1975. 2. Commencement (1) This section and sections 1, 60 and 69 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remainder of this Act comes into operation on a day to be proclaimed. (3) If the remainder of this Act does not come into operation before 1 January 2002, it comes into operation on that day. 3. Additional objective After section 2(1)(b) of the Mineral Resources Development Act 1990 insert— "; and (c) to recognise that the exploration for, and mining of, mineral resources must be carried out in a way that is not inconsistent with the s. 2 -- 5 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 3 Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994.". 4. Changes to definitions In section 4(1) of the Mineral Resources Development Act 1990— (a) insert the following definitions— ' "Director of Mines" means the Director of Mines employed under section 90(1)(a); "low impact exploration" means— (a) exploring for minerals on land— (i) without using equipment (other than non-mechanical hand tools) to excavate on the land; and (ii) without using explosives on the land; and (iii) without removing or damaging any tree or shrub on the land; and (iv) without disturbing any Aboriginal place or Aboriginal object on the land; and (v) without disturbing any place or object on the Victorian Heritage Register, or any archaeological site or relic included on the Heritage Inventory, under the Heritage Act 1995; or s. 4 -- 6 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 4 (b) undertaking any other exploration activity that is declared to be low impact exploration under section 7B; "work authority" means an authority granted under section 42 to the holder of a mining licence;'; (b) in the definition of "Aboriginal place", omit "(as amended and in force from time to time)"; (c) in the definition of "accident"— (i) after "work" insert "under a licence"; (ii) for paragraph (a) substitute— "(a) resulting in serious injury or loss of life, or having the potential to result in serious injury or loss of life; or"; (iii) after paragraph (f) insert— "; or (g) resulting in detrimental effects to the environment, or having the potential to cause detrimental effects to the environment;"; (d) the definitions of "authority to commence work" and "chief mining inspector" are repealed; (e) in the definition of "dispute"— (i) in paragraph (a), omit "a member of the public,"; s. 4 -- 7 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 5 (ii) after paragraph (e) insert— "; or (ea) a member of the public and the Department Head (or an employee of the Department) in relation to work under a licence that directly and substantially affects, or is likely to affect, the member of the public—"; (f) for the definition of "graticular section" substitute— ' "graticular section"— (a) means the 1000 metre interval block based on the Australian Geodetic Datum 1966, as shown on the National Topographic Map Series published by the National Mapping Council; or (b) if a notice under section 7A applies, has the meaning it has as specified by, or under, that notice;'; (g) in the definition of "land affected", after "to work" insert "under a licence"; (h) the definition of "registrar" is repealed; (i) for the definition of "tailings" substitute— ' "tailings" means any waste mineral, stone or other material that was produced during the course of mining (whether before or after 6 November 1991), and includes any mineral, stone or material that is or was discarded from plant or machinery used for extracting minerals;'; s. 4 -- 8 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 6 (j) the definition of "work" is repealed; (k) for the definition of "worksite" substitute— ' ''worksite" means any place where work is being done under a licence, a miner's right, a tourist fossicking authority or a tourist mine authority.'. 5. Insertion of section 5A After section 5 of the Mineral Resources Development Act 1990 insert— '5A. Interaction of this Act with native title legislation (1) Any action taken under this Act must be taken in a way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the Land Titles Validation Act 1994. (2) Subject to sub-section (1), it is declared that if native title exists over land, the land may still be dealt with under this Act. (3) In this section, "action" includes— (a) the granting of a licence, permit, right or authority; (b) undertaking any exploration, searching or mining.'. 6. Land not available for exploration, mining and searching (1) For sections 6(c) and (d) of the Mineral Resources Development Act 1990 substitute— "(c) land that is an Aboriginal area or place to the extent of the terms of a permanent declaration under section 10 or 21E of the Aboriginal and Torres Strait Islander s. 5 -- 9 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 7 Heritage Protection Act 1984 of the Commonwealth; (d) land that is a permanent archaeological area under section 15 of the Archaeological and Aboriginal Relics Preservation Act 1972;". (2) At the end of section 6 of the Mineral Resources Development Act 1990 insert— "(2) Despite sub-section (1)(b), any area of a park that is the subject of a notice under section 32D(1) of the National Parks Act 1975 is not exempted from being subject to a miner's right or a tourist fossicking authority to the extent that any activity permitted under such a right or authority is consistent with an authorisation under section 32D(2)(b) of that Act in the area designated by the notice.". 7. Minister's power to exempt land from exploration etc. (1) In section 7 of the Mineral Resources Development Act 1990— (a) in sub-section (1), after "Minister may" insert ", by writing signed by him or her,"; (b) after sub-section (2)(b) insert— "(c) if, in the Minister's opinion, the exemption is necessary to enable the orderly and optimal development of mineral resources in Victoria.". (2) After section 7(5) of the Mineral Resources Development Act 1990 insert— "(6) The Minister may state in a notice revoking an exemption that the land that was the subject of the exemption is to become available for one or more licences on or after the date specified in the notice by the Minister. s. 7 -- 10 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 8 (7) The Minister must ensure that a copy of the revocation of an exemption is lodged in the mining register.". 8. Insertion of sections 7A and 7B After section 7 of the Mineral Resources Development Act 1990 insert— "7A. Minister may declare meaning of graticular section (1) The Minister may from time to time, by notice published in the Government Gazette, declare the meaning of a graticular section for the purposes of this Act. (2) In making a declaration, the Minister may apply, adopt or incorporate (with or without modification) any matter contained in any document as at the time the declaration is made or at any time before then. 7B. Ministers may declare low impact exploration activity The Minister and the Minister administering the Conservation, Forests and Lands Act 1987 may from time to time, by notice published in the Government Gazette, jointly declare an exploration activity to be low impact exploration for the purposes of this Act.". 9. Licence etc. needed to search, explore or mine For section 8(1) of the Mineral Resources Development Act 1990 substitute— "(1) A person, other than the Crown, must not prospect, fossick or otherwise search for minerals, or carry out any exploration or mining, on any land unless— s. 8 -- 11 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 9 (a) the person does so in accordance with a licence, a miner's right, a tourist fossicking authority or a tourist mine authority; or (b) the person benefits from a relevant minerals exemption. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. Default penalty: In the case of a corporation, 20 penalty units. In any other case, 10 penalty units.". 10. Insertion of section 8A After section 8 of the Mineral Resources Development Act 1990 insert— "8A. Aerial surveys permitted without licence (1) A person may undertake an aerial survey for the purpose of searching for minerals, or doing work preparatory to the search for minerals, without holding the authorisation required by section 8 if the person complies with sub-section (2). (2) The person must supply any information acquired during the course of the survey as if section 116 applied to the person and as if the survey was work done under a licence. (3) A person conducting an aerial survey in accordance with this section may survey land covered by licences held by other people.". 11. Change concerning royalties s. 10 s. 11 -- 12 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 10 In section 12(2) of the Mineral Resources Development Act 1990— (a) omit "of tailings"; and (b) after "under section 14(2)(b)" insert "of tailings resulting from work under a licence over Crown land". 12. Exploration licences (1) For section 13(3)(a) of the Mineral Resources Development Act 1990 substitute— "(a) is current for the time specified in the licence (unless it is surrendered or cancelled earlier or unless this Act otherwise provides); and". (2) After section 13(3) of the Mineral Resources Development Act 1990 insert— "(4) In issuing an exploration licence, the Minister may specify on the licence that it is to remain current for a period of up to 5 years from the date on which it is registered.". 13. Mining licences (1) In section 14(1) of the Mineral Resources Development Act 1990, for "an authority to commence work" substitute "a work authority". (2) After section 14(4) of the Mineral Resources Development Act 1990 insert— "(5) A mining licence that covers an area of more than 5 hectares does not entitle the holder of the licence to only explore for minerals during the currency of the licence. -- 13 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 11 (6) However, the Minister may, by notice in writing, authorise the holder of such a mining licence to only explore for minerals for a specified period of up to 2 years.". 14. Changes concerning licence applications (1) In section 15(1A) of the Mineral Resources Development Act 1990— (a) for paragraph (c)(ii) substitute— "(ii) the application is accompanied by the written consent of the holder of the exploration licence to the granting of the licence; or (iii) both of the following apply— (A) the area of the land for which the mining licence is to be sought is 5 hectares or less; and (B) the exploration licence was first registered more than 2 years before the application was lodged; or"; (b) for paragraph (d) substitute— "(d) a licence over land in respect of which an application for a licence has already been made (unless the application is made on the same day as the other application); or"; (c) after paragraph (e) insert— "; or (f) a licence over land that is the subject of an exemption under section 6 or 7; or s. 14 -- 14 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 12 (g) a mining licence over land that is more than 260 hectares in area unless the land is covered by an exploration licence and either— (i) the applicant is the holder of the exploration licence; or (ii) the application is accompanied by the written consent of the holder of the exploration licence to the granting of the licence; or (h) a licence over land that was covered by a previous licence if the application is lodged less than 28 days after the previous licence ceased to apply to the land; or (i) a licence over land that was the subject of a previous application if the application is lodged less than 28 days after the previous application lapsed, or was withdrawn, rejected or not accepted.". (2) After section 15(1B) of the Mineral Resources Development Act 1990 insert— "(1C) An application for a licence is ineffective, and must not be accepted by the Minister, if it does not contain all of the details required by the regulations for an application for that type of licence. (1D) For the purpose of determining whether an application falls within a category listed in sub-section (1A), the Minister may ask the applicant to provide additional information about the application (but only if that information is not information that was required by the regulations). s. 14 -- 15 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 13 (1E) The request for the additional information must be made in writing and may specify a time within which the information is to be given to the Minister. (1F) If, in asking for additional information, the Minister specified a period within which the information was to be given, the application lapses if— (a) the information is not given to the Minister within the time specified by the Minister in making the request (or within any later time subsequently allowed by the Minister in writing); and (b) the Minister has not withdrawn the request for the information within the times referred to in paragraph (a). (1G) If, in asking for additional information, the Minister did not specify a period within which the information was to be given, the application lapses if the information is not given to the Minister within 6 months after the request was made (unless the Minister withdraws the request within that time).". (3) For sections 15(2) and (3) of the Mineral Resources Development Act 1990 substitute— "(2) If the Minister does not accept an application, he or she must notify the applicant in writing that the application has not been accepted and must include in the notification details of the reasons why it was not accepted. (3) If the Minister accepts an application, he or she must notify the applicant in writing that the application has been accepted, and must include in the notification— s. 14 -- 16 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 14 (a) if, because of section 23, the application has a lower priority than another application, a statement that another application has priority; or (b) in any other case, a statement that the application has priority.". (4) For sections 15(8) and (9) of the Mineral Resources Development Act 1990 substitute— "(8) If the Minister asks for additional information about an application, the application lapses if— (a) the information is not given to the Minister within the time required by sub-section (7); and (b) the Minister has not withdrawn the request for the information within that time. (9) In consenting to the granting of a mining licence over land that is covered by an exploration licence, the holder of the exploration licence may make the consent conditional on specified depth restrictions.". (5) Sections 15(10) to (19) of the Mineral Resources Development Act 1990 are repealed. (6) Section 16 of the Mineral Resources Development Act 1990 is repealed. 15. Minor amendment In section 18(b) of the Mineral Resources Development Act 1990, omit "(as amended and in force from time to time)". 16. Insertion of new section 19 s. 15 s. 16 -- 17 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 15 After section 18 of the Mineral Resources Development Act 1990 insert— "19. Withdrawal of application (1) An applicant for a licence may withdraw the application, either in whole or in part, by delivering a signed notice of withdrawal to the Minister. (2) A withdrawal takes effect on the delivery of the notice to the principal office of the Department Head.". 17. Repeal of relocated provisions Sections 19 to 22 of the Mineral Resources Development Act 1990 are repealed. 18. Substitution of section 23 For section 23 of the Mineral Resources Development Act 1990 substitute— "23. Priority of applications (1) If more than one application for a licence in respect of the same land is received on the same day, the Minister must assign an order of priority to those applications. (2) The Minister must assign the highest priority to the application that he or she believes will best further the objectives of this Act after considering— (a) the relative merits of the applications; and (b) the likely ability of each applicant to meet the requirements specified in section 15(6). (3) Once an application has been assigned the highest priority, any further assessment of the application must be made without regard -- 18 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 16 to anything contained in applications having a lower priority.". 19. Grant or refusal of licence In section 25 of the Mineral Resources Development Act 1990— (a) for sub-section (1)(b)(ii) substitute— "(ii) all of the following conditions apply— (A) the area of the land for which the mining licence is to be sought is 5 hectares or less; and (B) the exploration licence was first registered more than 2 years before the application was lodged; and (C) the Minister has waived the need for the exploration licence holder's consent under section 25A; or"; (b) sub-sections (1)(h) and (3A) are repealed; (c) in sub-section (1)(c), for "section 16" (wherever occurring) substitute "section 25A". 20. Insertion of section 25A After section 25 of the Mineral Resources Development Act 1990 insert— "25A. Waiver of exploration licence holder's consent (1) This section applies if— (a) a person applies for a mining licence over land that is covered by an exploration licence; and s. 19 -- 19 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 17 (b) the area of the land for which the mining licence is to be sought is 5 hectares or less; and (c) the exploration licence was first registered more than 2 years before the application was lodged; and (d) the person is unable or unwilling to obtain the written consent of the holder of the exploration licence to the granting of the licence. (2) The person may apply to the Minister for the Minister to waive the need for the person to obtain the exploration licence holder's consent to the granting of the licence. (3) An application must be made in the form and manner required by the Minister. (4) On the receipt of an application for waiver, the Minister must assess whether the granting of the mining licence would mean that the limit imposed by section 25(1)(c)(i) or (ii) would be exceeded. (5) If the Minister determines that the limit would not be exceeded, the Minister must refer the application for waiver to the mining warden for a recommendation as to whether the Minister should grant the waiver. (6) The mining warden must, within 30 days after receiving a referral, make a recommendation to the Minister about whether or not the Minister should grant the waiver. (7) The mining warden must not recommend that the Minister grant a waiver unless the mining warden is satisfied that the granting of the application for the licence— s. 20 -- 20 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 18 (a) would not be likely to significantly interfere with any work being, or proposed to be, carried out by the exploration licence holder; and (b) would not be unfair to the exploration licence holder; and (c) would not otherwise be inappropriate. (8) In making a recommendation, the mining warden may propose specified depth restrictions that should be applied if the licence is granted. (9) Before granting a waiver, the Minister must consider the recommendation made by the mining warden.". 21. Grant of licence (1) Sections 26(2)(d), (5), (6) and (7) of the Mineral Resources Development Act 1990 are repealed. (2) After section 26(2)(h) of the Mineral Resources Development Act 1990 insert— "(ha) payment of an environmental levy;". (3) For section 26(3) of the Mineral Resources Development Act 1990 substitute— "(3) The Minister must impose, as conditions to which a licence is subject, any conditions subject to which consent to the application for the licence was obtained under section 15(9). (3A) If the Minister has granted a waiver under section 25A, the Minister may impose, as conditions to which the licence is subject, any conditions relating to specified depth restrictions that were recommended under s. 21 -- 21 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 19 section 25A(8) with respect to the granting of the licence.". (4) In section 26(4) of the Mineral Resources Development Act 1990, for "authority to commence work" substitute "work authority". (5) After section 26(4) of the Mineral Resources Development Act 1990 insert— "(4A) It is a condition of a mining licence that, in providing a document to the Minister under section 116, the licensee must give the Crown a licence to reproduce the document and any information in the document.". 22. Insertion of sections 26A–26E After section 26 of the Mineral Resources Development Act 1990 insert— "26A. Statement of economic significance if agricultural land covered by licence (1) This section applies if a licensee holding a mining licence that covers agricultural land that is not owned by the licensee proposes to carry out work on that land. (2) The licensee must prepare a statement of the economic significance of the work— (a) that contains an assessment of the benefits to Victoria of the proposed work, including employment and revenue considerations; and (b) that contains an assessment of those benefits if it was not possible to do the work on the agricultural land. (3) The assessment required by sub-section (2)(b) must be made with respect to each separately owned or occupied property that comprises the agricultural land. s. 22 -- 22 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 20 (4) The licensee must give the statement of economic significance to the owners and occupiers of the agricultural land— (a) if the proposed work forms part of the work proposed to be carried out under the licensee's initial work plan, no later than— (i) 6 months after the date the licensee was notified that the licence had been granted; or (ii) the date the licensee lodges the work plan under section 40(1)— whichever is the earlier; (b) in any other case, no later than the date the licensee lodges the relevant variation of the work plan under section 41. 26B. Excision of agricultural land from a licence (1) On the application of an owner or occupier of agricultural land, the Minister must excise the land from the area covered by a mining licence if— (a) the licensee consents to the excision; or (b) the Minister decides, in accordance with section 26D, that there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence. (2) An application for excision must be made to the Minister in writing within 30 days after the owner or occupier receives a copy of the s. 22 -- 23 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 21 statement of economic significance provided in relation to the land. (3) The application must include— (a) an assessment of the benefits to Victoria in continuing the use of the land as agricultural land; and (b) if the owner disputes anything contained in the statement of economic significance, details of the matters the owner disputes, including the reasons why the owner disputes those matters. (4) The owner must also give a copy of the application to the licensee within the 30 days referred to in sub-section (2). 26C. Notice of excision dispute (1) If the licensee wishes to dispute an application for excision, the licensee must give a notice of dispute to— (a) the Minister; and (b) the person applying for the excision; and (c) the President of the Australian Institute of Valuers and Land Economists— within 30 days after receiving the copy of the application. (2) The notice of dispute must include details of the matters in the application that the licensee disputes, including the reasons why the licensee disputes those matters. (3) The licensee is deemed to consent to the excision of the land that is the subject of the application if the licensee does not give a s. 22 -- 24 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 22 notice of dispute to the people specified in sub-section (1) within the time required by that sub-section. 26D. Resolution of excision disputes (1) As soon as possible after receiving notice of a dispute under section 26C, the President of the Australian Institute of Valuers and Land Economists must appoint a person who is appropriately qualified, in the President's opinion, to act as an independent expert to consider the application. (2) The independent expert must consider the application, the statement of economic significance, the notice of dispute and any other material submitted to the expert within any time specified by the expert. (3) Within 60 days after her or his appointment, the independent expert must make a recommendation to the Minister, supported by reasons, in relation to the dispute. (4) The Minister must consider the recommendation and decide whether there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence. (5) The President of the Australian Institute of Valuers and Land Economists, after considering the advice of the independent expert, may direct the licensee or the person who applied for the excision to pay the whole or any part of the reasonable fees and expenses of the independent expert. s. 22 -- 25 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 23 (6) A direction under sub-section (5) creates a debt due to the independent expert. 26E. Offence to divulge details of a statement of economic significance (1) A person who is given a copy of— (a) a statement of economic significance prepared under section 26A; or (b) an assessment prepared under section 26B— must not divulge or communicate to any person (other than a professional advisor retained by the person) or publish any information contained in the statement or assessment unless the divulgence, communication or publication is made with the written consent of the person on whose behalf the statement or assessment was prepared. Penalty: 100 penalty units. (2) A professional advisor to whom any information is divulged or communicated under sub-section (1) must not divulge or communicate that information to any other person, or publish it. Penalty: 100 penalty units.". 23. Substitution of section 27 For section 27 of the Mineral Resources Development Act 1990 substitute— "27. Tenders (1) The Minister may invite tenders for a licence over land that is not the subject of a licence or an application for a licence. s. 22 s. 23 -- 26 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 24 (2) A tender for a licence is ineffective if it does not contain the information required by the regulations for the purposes of this section. (3) The Minister must not grant a licence to a person who has submitted a tender unless the Minister is satisfied that the person meets the requirements listed in section 15(6). (4) The Minister may decide not to accept any tenders that are submitted in response to an invitation under this section. (5) If the Minister decides not to accept any tender, he or she may invite further tenders or decide not to call for any more tenders in relation to that land. (6) If the Minister decides not to call for any more tenders in relation to that land, he or she must— (a) notify the unsuccessful tenderers that further tenders will not be invited; and (b) declare by notice published in the Government Gazette that the land is available for applications for licences.". 24. Substitution of section 28 For section 28 of the Mineral Resources Development Act 1990 substitute— "28. Mining licence grant excises exploration licence land On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, s. 24 -- 27 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 25 covered by an exploration licence ceases to be covered by that exploration licence.". 25. Time within which licence renewals to be sought In section 29(1) of the Mineral Resources Development Act 1990, for "3 months" substitute "1 month". 26. Relocation of exploration licence reduction provision Section 30 of the Mineral Resources Development Act 1990 is repealed. 27. Change to exploration licence renewal period For section 32(2) of the Mineral Resources Development Act 1990 substitute— "(2) The Minister may renew an exploration licence for a period of up to 5 years— (a) if he or she is satisfied that the licensee has identified minerals in the land covered by the licence and that— (i) additional time is necessary to assess the economic viability of mining those minerals; or (ii) it is not at present economically viable to mine those minerals but it may become so in the future; or (b) for any other reason.". 28. Insertion of sections 33A and 33B After section 33 of the Mineral Resources Development Act 1990 insert— '33A. Transfer of land from one mining licence to another (1) The holder of a mining licence may transfer an area of land covered by the holder's s. 28 -- 28 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 26 licence to the holder of another mining licence. (2) Such a transfer may only be made— (a) with the approval of the Minister; and (b) in the manner and form specified by the Minister; and (c) if the land to be transferred adjoins the land covered by the licence to which the land is to be transferred; and (d) if the conditions applying to, and the remaining currency of, the 2 licences are substantially the same; and (e) if the Minister is satisfied that adequate arrangements have been made to continue or replace any rehabilitation bond that applies to the land. (3) The Minister must not approve a transfer under this section unless the Minister is satisfied that the transfer is necessary to ensure that work can be undertaken on the land. (4) A transfer has no effect until evidence of the transfer and the Minister's approval is registered. (5) The holder of the licence to which land has been transferred must give written notice of the transfer to the owners of the land. (6) On a transfer taking effect— (a) any licence conditions that applied to the transferred land cease to apply; and (b) the transferred land is subject to the licence conditions that apply to the -- 29 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 27 licence to which the land has been transferred; and (c) the transferred land becomes part of the land covered by that licence. 33B. Mining licence may be split and transferred (1) This section applies if the holder of a mining licence wishes to transfer an area of land covered by the holder's licence to another person ("the transferee"), but is not able to do so under section 33A. (2) The holder may apply to the Minister to have the land severed from the holder's licence and made the subject of a separate licence that is subject to the same conditions, and that will have the same currency, as the holder's licence. (3) The application must be made in the manner and form specified by the Minister. (4) The Minister must not approve an application under this section unless the Minister is satisfied— (a) that the severance is necessary to ensure that work can be undertaken on the land; and (b) that the transferee satisfies the requirements listed in section 15(6); and (c) that adequate arrangements have been made to continue or replace any rehabilitation bond that applies to the land. (5) In approving an application, the Minister is to be taken as granting the licence in relation to the severed land to the transferee. s. 28 -- 30 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 28 (6) On registration of the licence in relation to the severed land— (a) the transferee becomes the holder of the licence; and (b) the licence is subject to the same conditions, and has the same currency, as the licence that applied to the land that was severed before the severance; and (c) the transferee has all the rights, and is subject to the same obligations, applying under the licence. (7) The transferee must give written notice of the change of licensee to the owners of the land.'. 29. Variation of exploration licence period (1) In section 34(1) of the Mineral Resources Development Act 1990, after "period for which a" insert "mining". (2) After section 34(1) of the Mineral Resources Development Act 1990 insert— "(1A) Despite sub-section (1), the Minister may only vary the period for which an exploration licence has effect for the purpose of more readily enabling the amalgamation of that licence with an adjoining licence.". (3) After section 34(2) of the Mineral Resources Development Act 1990 insert— "(2A) The Minister may act under sub-section (1A) at the request of the licensee or on the Minister's own initiative.". 30. Substitution of section 35 s. 29 s. 30 -- 31 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 29 For section 35 of the Mineral Resources Development Act 1990 substitute— "35. Combined conditions (1) The Minister may treat 2 or more licences of the same type held by the same person as a single licence over the combined areas covered by the licences for the purpose of determining whether conditions of any of those licences about expenditure have been complied with. (2) The Minister may do this— (a) at the request of the licensee; or (b) on the Minister's own initiative, after consultation with the licensee. (3) It is not necessary that areas combined for the purposes of this section adjoin each other.". 31. Changes concerning amalgamation of licences (1) In section 36(1) of the Mineral Resources Development Act 1990, omit "at the request of the licensee and". (2) After section 36(2) of the Mineral Resources Development Act 1990 insert— "(2A) The Minister may act under this section— (a) at the request of the licensee; or (b) on the Minister's own initiative, after consultation with the licensee.". (3) After section 36(4) of the Mineral Resources Development Act 1990 insert— "(5) If one of the licences amalgamated under this section was a mining lease under the -- 32 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 30 Mines Act 1958 that became a mining licence as a result of section 129, for the remainder of the term for which the licence remains current the rental payable for the amalgamated licence is the sum of the amounts that would have been payable for each of the amalgamated licences had they not been amalgamated.". 32. Insertion of section 36A After section 36 of the Mineral Resources Development Act 1990 insert— "36A. Expedited procedure for replacement of invalidated title (1) This section applies if— (a) a court or tribunal finds a licence to be wholly or partly invalid and the invalidity stems from circumstances that were beyond the control of the holder of the licence; and (b) the person who held the licence applies within 60 days after the finding to the Minister for the grant of a licence of the same type for all or part of the land covered by the former licence. (2) The Minister may grant the licence to the person without the need to comply with any procedural requirement that would usually apply to the grant of such a licence. (3) In granting a licence under this section, the Minister may impose any conditions the Minister considers to be appropriate on the licence.". 33. Additional licence cancellation grounds s. 32 s. 33 -- 33 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 31 (1) In section 38(1)(b) of the Mineral Resources Development Act 1990— (a) omit "the licensee"; (b) in sub-paragraphs (i) to (v), before "has" insert "the licensee"; (c) in sub-paragraph (vi), before "subject" insert "the licensee"; (d) after sub-paragraph (vi) insert— "; or (vii) the area covered by the licence is depleted of minerals to the extent that it is no longer feasible to mine that area; or (viii) it is not feasible to mine minerals in the area covered by the licence and will not be feasible to do so in the foreseeable future.". (2) In section 38(1A) of the Mineral Resources Development Act 1990, omit "25(3A),". (3) In section 38(1B)(a) of the Mineral Resources Development Act 1990, for "an authority to commence work" (wherever occurring) substitute "a work authority". (4) After section 38(2) of the Mineral Resources Development Act 1990 insert— "(2A) The Minister must, by instrument served on the licensee, cancel a mining licence if a work authority is not granted for that licence within 18 months after the date the grant of the licence is registered, unless the Minister is satisfied that— (a) the licensee has been unable to obtain the consents and authorities needed to -- 34 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 32 enable the grant of the work authority, despite genuine attempts to do so; or (b) exceptional circumstances exist that have been instrumental in precluding the grant of the work authority.". 34. Insertion of section 38A After section 38 of the Mineral Resources Development Act 1990 insert— "38A. Decrease in area under exploration licence (1) On the second anniversary of the initial registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least 25% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence. (2) On the fourth anniversary of the initial registration of an exploration licence, the Minister must, unless he or she decides otherwise, cancel the licence in relation to at least a further 35% of the total number of graticular sections (in one or more areas each comprising whole graticular sections only) covered by the licence as originally granted. (3) The areas in relation to which a licence is to be cancelled under this section— (a) are to be those identified by the licensee in a notice given to the Minister at least 30 days before the relevant anniversary; or (b) in the absence of such a notice, are to be chosen by the Minister. s. 34 -- 35 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 33 (4) At least 60 days before the relevant anniversary, the Minister must give the licensee a written notice inviting the licensee to nominate the areas to be cancelled under this section (unless the Minister does not intend to cancel any area in relation to the licence). (5) In calculating the area to be cancelled— (a) any part of a graticular section covered by the licence, and any fraction of a graticular section that remains after calculating the area to be cancelled, must be treated as a whole graticular section; and (b) if the licensee holds 2 or more exploration licences with a common expiry date over adjoining areas, the combined areas covered by the licences may, at the Minister's discretion, be treated as a single area.". 35. Insertion of sections 38AA–38AD After the heading to Part 3 of the Mineral Resources Development Act 1990 insert— '38AA. Boundaries of licence area must be surveyed and marked out (1) The holder of a mining licence must survey and mark out the boundaries of the land covered by the licence in the manner, and within the time, required by the regulations. Penalty: 50 penalty units. (2) The purpose of the survey and marking out is to ensure that the boundaries of the area to s. 35 -- 36 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 34 which the licence applies are readily ascertainable by a person in the area. (3) A licensee is not entitled to enter land for the purpose of surveying or marking out boundaries as required by sub-section (1), unless— (a) the licensee— (i) has, in the case of private or native title land, the written consent of the owner or occupier of the land to the entry; or (ii) has, in the case of occupied Crown land, the written consent of the occupier of the land to the entry; or (iii) has, in the case of any other Crown land, given the person responsible for the management of the land written notice of the intended entry; or (b) the Department Head grants an authority in writing to the licensee under section 38AB. (4) For the purposes of sub-section (3), "occupied Crown land" means any Crown land on which a person is undertaking an activity that is authorised by a lease, licence, permit or other authority granted in respect of that land by, or under, an Act. 38AB. Authority to enter land (1) The Department Head may grant to a licensee an authority to enter land for the purposes of section 38AA if he or she is s. 35 -- 37 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 35 satisfied that the licensee has made reasonable attempts to obtain the consent of the owner or occupier and— (a) the applicant has been unable to contact the owner or occupier; or (b) the owner or occupier has refused or failed to consent. (2) A person does not trespass on land only because the person exercises reasonable access to the land— (a) in accordance with an authority to enter the land; and (b) for the purpose of surveying or marking out the boundaries of the land covered by the mining licence. (3) An authority to enter land expires if either of the following occurs— (a) a work authority over the land is registered; or (b) the licence ceases to have effect. (4) The Department Head must serve on the owner and occupier of land a copy of any authority that is granted to enter the land as soon as is practicable after the authority is granted. 38AC. Offence not to show authority A person who enters land under an authority to enter land must comply with any request made by the owner or occupier of the land to be shown a copy of the authority. Penalty: 10 penalty units. 38AD. Security s. 35 -- 38 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 36 (1) The Department Head must, before granting an authority to enter land, require a licensee to provide a security, of an amount and kind specified by the Department Head, against the risk of damage to the property of the owner or occupier of the land as a result of the licensee's entry on to, or activities on, the land. (2) The Department Head— (a) may use the security, or part of it, to compensate the owner or occupier for any damage resulting from that entry or those activities; and (b) must return the balance of the security to the licensee no later than 30 days after the day on which the authority lapses or is withdrawn. 38AE. Insurance A licensee must not enter any land, or carry out any surveying or marking out, for the purposes of section 38AA unless the licensee is insured for an amount determined by the Department Head against any risk that might arise if the owner or occupier of the land were to sustain a personal injury as a result of the licensee's entry on to, or activities on, the land. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. Default penalty: In the case of a corporation, 20 penalty units. s. 35 -- 39 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 37 In any other case, 10 penalty units.'. 36. Substitution of section 39 For section 39 of the Mineral Resources Development Act 1990 substitute— "39. Work must be approved (1) A person, other than the Crown, must not do any work under a licence otherwise than— (a) in accordance with the licence; or (b) as authorised by a minerals exemption. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (2) A licensee and the manager of a worksite must comply with this Act and the regulations in doing any work under the licence. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (3) The holder of a mining licence must not do work under a licence unless a work authority applying to that work is in effect. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (4) Despite sub-section (3), the holder may do the following work without a work authority— s. 36 -- 40 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 38 (a) exploration work, but only if, in relation to that work, the licensee complies with the requirements listed in sections 43(1)(a) to (e); (b) low impact exploration work but only if, in relation to that work, the licensee complies with the requirements listed in sections 43(1)(b) to (e). (5) A licensee must not do work under the licence unless the licensee is insured under a policy of public liability insurance in respect of the doing of that work for an amount determined by the Department Head. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (6) 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.". 37. Change concerning work plans (1) In section 40(1) of the Mineral Resources Development Act 1990, after "work" insert "under the licence". (2) After section 40(1) of the Mineral Resources Development Act 1990 insert— "(1A) This section does not apply to low impact exploration work.". (3) After section 40(2) of the Mineral Resources Development Act 1990 insert— s. 36 s. 37 -- 41 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 39 "(2AA) A licensee— (a) who holds a mining licence that covers an area of 5 hectares or less; and (b) who does not propose to do any work on agricultural land— may, instead of lodging a work plan, lodge a notice with the Department Head electing to have the work program that the licensee submitted as part of the application for the licence to be considered to be the licensee's work plan.". (4) For section 40(4) of the Mineral Resources Development Act 1990 substitute— "(4) The Department Head must give a licensee a written notice approving, refusing to approve, or asking for changes to, a work plan within 30 days after the last of any of these events that are applicable— (a) the licensee notifying the Department Head that all required planning approvals have been granted (other than any permit that it is not necessary to obtain as a result of section 42(7)); (b) the Minister administering the Environment Effects Act 1978 submitting an assessment to the Minister under section 42(7); (c) the granting or refusal of any application under section 26B relating to the licence; (d) the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2); s. 37 -- 42 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 40 (e) the Ministers administering the Crown Land (Reserves) Act 1978 and the Forests Act 1958 giving the Minister comments under section 40(3A); (f) the lodging of the work plan. (5) The Department Head must not approve a work plan before the events described in sub-sections (4)(a), (b), (c), (d) and (e) occur (if applicable). (6) In approving a work plan, the Department Head may specify that certain conditions must be observed by the licensee in carrying out the work plan. (7) If the Department Head asks for changes to be made to a work plan, sub-section (4) applies to the revised work plan as if it was the original work plan. (8) If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7), the Department Head must give a copy of the work plan to that Minister at least 10 days before approving the plan.". 38. Substitution of section 41 For section 41 of the Mineral Resources Development Act 1990 substitute— "41. Variation of work plan on application of a licensee (1) The Department Head may approve the variation of an approved work plan on the written application of the licensee. (2) The application must contain the information required by the regulations. s. 38 -- 43 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 41 (3) The Department Head must give a licensee a written notice approving, refusing to approve, or asking for changes to, the variation of a work plan within 30 days after the last of any of these events that are applicable— (a) the licensee notifying the Department Head that all required planning approvals have been granted (other than any permit that it is not necessary to obtain as a result of section 42A); (b) the Minister administering the Environment Effects Act 1978 submitting an assessment to the Minister under section 42(7) or section 42A; (c) the granting or refusal of any application under section 26B relating to the licence; (d) the Minister notifying the Department Head that he or she has considered any comments received under section 41A(2); (e) the Ministers administering the Crown Land (Reserves) Act 1978 and the Forests Act 1958 giving the Minister comments under section 40(3A); (f) the lodging of the application for approval. (4) The Department Head must not approve the variation of a work plan before the events described in sub-sections (3)(a), (b), (c), (d) and (e) occur (if applicable). (5) In approving the variation of a work plan, the Department Head may specify that -- 44 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 42 certain conditions must be observed by the licensee in carrying out the work plan. (6) If the Department Head asks for changes to be made to an application for the variation of a work plan, sub-section (4) applies to the revised application as if it was the original application. (7) If the Minister administering the Environment Effects Act 1978 submits an assessment under section 42(7) or 42A, the Department Head must give a copy of the proposed variation to that Minister at least 10 days before approving the variation. (8) Once notice of approval of a variation has been given to the licensee, the approved work plan for the work authority is the work plan as amended by the variation. 41AA. Department Head may direct variation of work plan (1) The Department Head may, on her or his own initiative, determine that an approved work plan be varied. (2) On making a determination, 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. (3) After considering any comments made by the licensee, the Department Head may direct the licensee to submit an application for approval of the variation. (4) The licensee must comply with the direction. (5) Sections 41(2) to (8) apply to an application lodged under this section.". s. 38 -- 45 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 43 39. Minor consequential amendments In section 41A of the Mineral Resources Development Act 1990— (a) in sub-section (1), for "notice of a proposed variation to" substitute "an application to vary"; (b) in sub-section (3), omit all words and expressions after "specified date". 40. Changes concerning work authorities (1) For section 42(1) of the Mineral Resources Development Act 1990 substitute— "(1) The holder of a mining licence may apply to the Department Head for a work authority in relation to a specified area.". (2) In section 42(2) of the Mineral Resources Development Act 1990— (a) in paragraph (b), for "21 days" substitute "7 days"; (b) in paragraph (c)(i), before "consent" insert "written"; (c) in paragraph (c)(ii), after "has made" insert "and registered"; (d) after paragraph (c)(iv) insert— "; or (v) the licensee has been unable to determine the name and address of the owners and occupiers of the land affected despite making, in the Department Head's opinion, all reasonable efforts to do so—". (3) After section 42(2) of the Mineral Resources Development Act 1990 insert— s. 39 -- 46 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 44 "(2A) If sub-section (2)(c)(v) applies to a licensee, the Department Head may, before granting the work authority, require the licensee— (a) to advertise the licensee's intention to start work on the land affected in a specified edition of a newspaper circulating generally in the area in which the land is situated; (b) to post a notice on the land affected stating that the licensee intends to start work on that land.". (4) For section 42(3) of the Mineral Resources Development Act 1990 substitute— "(3) A work authority— (a) has no effect until it is registered; (b) only has effect with respect to the area specified in the authority.". (5) In section 42(4) of the Mineral Resources Development Act 1990, for "an authority to commence work" substitute "a work authority". (6) For section 42(5) of the Mineral Resources Development Act 1990 substitute— "(5) A work authority lapses if— (a) the licensee does not start work within 6 months after the authority was registered, or any longer period allowed by the Minister in writing; or (b) the licensee undertakes work in the area to which the authority applies that is not permitted by a permit issued under the relevant planning scheme; or (c) an Environment Effects Statement was prepared and assessed under sub- s. 40 -- 47 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 45 section (7) before the authority was granted and the licensee undertakes work in the area to which the authority applies that was not considered in the Environment Effects Statement (unless section 42A applies).". (7) For section 42(7)(c) of the Mineral Resources Development Act 1990 substitute— "(c) a work authority has been granted by the Minister following the Minister's consideration of that assessment.". 41. Insertion of section 42A After section 42 of the Mineral Resources Development Act 1990 insert— "42A. Planning permits not required for some work variations (1) This section applies if— (a) a licensee proposes to vary an approved work plan that was approved in respect of work for which an Environment Effects Statement was prepared and assessed under section 42(7); and (b) a permit is required to be obtained under a planning scheme for the new work that it is proposed to do. (2) The licensee is not required to obtain a permit for that work if— (a) the Minister, after consultation with the Minister administering the Environment Effects Act 1978, is satisfied that the new work will not cause any significant additional environmental impacts; and (b) the Minister approves the variation. s. 41 -- 48 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 46 (3) If the Minister is not so satisfied, the licensee is still not required to obtain a permit for that work if— (a) the Minister administering the Environment Effects Act 1978 directs that a report be prepared on the additional environmental impacts that the new work may have; and (b) the report is made available for public inspection and comment for at least 28 days; and (c) after considering any comments made during that period, that Minister submits an assessment of the report to the Minister; and (d) the variation, in the form that it is approved by the Minister, substantially complies with any requirements recommended by that assessment.". 42. Changes concerning the start of exploration work (1) In section 43(1) of the Mineral Resources Development Act 1990— (a) for "work" substitute "any work (other than low impact exploration)"; (b) in paragraph (d), for "21 days" (wherever occurring) substitute "7 days"; (c) for paragraph (e) substitute— "(e) if the land affected is private land— (i) the licensee has obtained the written consent of the owners and occupiers of the land affected; or s. 41 -- 49 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 47 (ii) the licensee has made and registered compensation agreements with those owners and occupiers; or (iii) the amount of compensation payable to those owners and occupiers has been determined under Part 8 and the licensee has been advised in writing of the result by the person or body making the determination; or (iv) the licensee has purchased the land affected— unless this requirement has been waived by the Department Head under sub-section (2)."; (d) for the penalty at the foot of this sub-section substitute— "Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. Default penalty: In the case of a corporation, 20 penalty units. In any other case, 10 penalty units.". (2) After section 43(1) of the Mineral Resources Development Act 1990 insert— s. 42 -- 50 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 48 "(2) If the land affected is private land and the licensee has been unable to determine the name and address of the owners and occupiers of the land, the licensee may apply to the Department Head to have the requirement specified by sub-section (1)(e) waived. (2A) The Department Head may grant such an application if, in her or his opinion, the licensee has made all reasonable efforts to determine the name and address of the owners and occupiers of the land. (2B) Before waiving the requirement, the Department Head may require the licensee— (a) to advertise the licensee's intention to start work on the land affected in a specified edition of a newspaper circulating generally in the area in which the land is situated; (b) to post a notice on the land affected stating that the licensee intends to start work on that land.". 43. Clarification that planning requirements still apply to unrestricted Crown land In section 43B of the Mineral Resources Development Act 1990— (a) in sub-section (1), after "doing of work" insert "under a licence"; (b) in sub-section (2), after "apply to the" insert "Planning and Environment Act 1987, the". 44. Restriction concerning deemed consents s. 43 -- 51 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 49 (1) In sections 44(1), (2) and (8) of the Mineral Resources Development Act 1990, after "do work" insert "under the licence". (2) For section 44(6) of the Mineral Resources Development Act 1990 substitute— "(6) A person or body that does not comply with sub-section (5) in relation to any land is deemed to have given the consent sought.". 45. Protection of buildings and sites (1) In section 45(1) of the Mineral Resources Development Act 1990— (a) omit "(3),"; (b) after "do any work" insert "under the licence"; (c) for paragraphs (a)(xi) and (xii) substitute— "(xi) an archaeological area as defined by the Archaeological and Aboriginal Relics Preservation Act 1972; or (xii) any archaeological relic (as defined by that Act) that is still at the place at which it was discovered and that the Secretary (as defined by that Act)— (i) considers to be worthy of preservation; or (ii) has not yet formed an opinion under section 23(2) of that Act as to whether it is worthy of preservation; or"; (d) for the penalty at the foot of this sub-section substitute— "Penalty: In the case of a corporation, 1000 penalty units. s. 45 -- 52 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 50 In any other case, 200 penalty units. Default penalty: In the case of a corporation, 20 penalty units. In any other case, 10 penalty units.". (2) After section 45(1) of the Mineral Resources Development Act 1990 insert— "(1A) Despite sub-section (1), a licensee may do any work prohibited by sub-section (1) (except work within the prohibited distances of the area relating to a site described in sub- section (1)(a)(xiii)) if the licensee is not required to obtain a permit for that work under section 42(7) or 42A. (1B) Sub-section (1A) applies regardless of whether the licensee has any of the consents referred to in sub-sections (2) and (4).". (3) Section 45(3) of the Mineral Resources Development Act 1990 is repealed. (4) In section 45(5) of the Mineral Resources Development Act 1990, omit "(3)". (5) For section 45(6) of the Mineral Resources Development Act 1990 substitute— "(6) A licensee must not do any work on land that is an Aboriginal area or place if the carrying out of that work contravenes— (a) any declaration in force under section 9, 10, 21C, 21D or 21E of the Aboriginal and Torres Strait Islander -- 53 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 51 Heritage Protection Act 1984 of the Commonwealth; or (b) any declaration in force under section 15 or 16 of the Archaeological and Aboriginal Relics Preservation Act 1972. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. Default penalty: In the case of a corporation, 20 penalty units. In any other case, 10 penalty units.". 46. Consultation in relation to authorisations to mine near protected areas (1) For section 46(1) of the Mineral Resources Development Act 1990 substitute— "(1) The Minister may authorise a licensee to do work within the area prohibited by section 45(1)(a)(i) to (x) or within 100 metres below that area— (a) after considering the advice of the Mining and Environment Advisory Committee; or (b) after consultation with the municipal council in whose municipal district an area is situated, and any community group or member of the community s. 45 -- 54 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 52 whom the Minister considers should be consulted about the proposed work.". (2) In section 46(3) of the Mineral Resources Development Act 1990, for "45(3) or (4)" substitute "45(4)". 47. Plan of mine Section 47 of the Mineral Resources Development Act 1990 is repealed. 48. Substitution of section 47A For section 47A of the Mineral Resources Development Act 1990 substitute— "47A. Management of worksites (1) A licensee holding a mining licence must appoint a manager to control and manage the licence worksites. (2) The licensee must ensure that the manager is a competent person. (3) A competent person is a person whom the licensee reasonably believes— (a) has acquired appropriate and adequate knowledge and skills, through training or experience or both, to be able to safely and competently control and manage the licence worksites; and (b) has an adequate knowledge of this Act and the regulations and any other relevant legislation; and (c) is authorised to carry out, or supervise the carrying out, of any activity on the licence worksites that is regulated by or under any Act. (4) The licensee must provide the manager with sufficient means to enable the manager to -- 55 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 53 ensure that all obligations placed on the licensee by or under this Act with respect to the licence worksites are met. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. (5) If the licensee is a competent person, he or she may appoint himself or herself to be the manager of the licence worksites.". 49. Entitlements under a miner's right (1) For sections 55(1) and (2) of the Mineral Resources Development Act 1990 substitute— "(1) A miner's right entitles the holder to search for minerals on any of the following land, unless the land is covered by a mining licence— (a) private land, but only with the consent of the owner or occupier; and (b) Crown land (other than land exempted under section 6 or 7 of this Act or nominated under section 7(1) of the Crown Land (Reserves) Act 1978). (1A) If the land is covered by a mining licence, the holder of a miner's right is entitled to search for minerals on the land if he or she has, in addition to any consent required under sub-section (1), the consent of the licensee. (2) A consent granted under sub-section (1) or (1A)— (a) may be granted subject to conditions; and s. 49 -- 56 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 54 (b) may be withdrawn at any time by the person who granted it. (2A) If the holder of a miner's right is validly on any land under this section, he or she may remove from the land any minerals discovered by him or her on the land.". (2) For section 57(1)(a) of the Mineral Resources Development Act 1990 substitute— "(a) likely to search for minerals in circumstances that are not authorised by section 55; or". 50. Obligations of miner's right holders (1) In section 58 of the Mineral Resources Development Act 1990— (a) in sub-section (1), for "who searches on land" substitute "acting"; (b) in sub-section (2), for "10 penalty units" substitute "50 penalty units". (2) After section 58(2) of the Mineral Resources Development Act 1990 insert— "(3) The holder of a miner's right must produce the miner's right for inspection if asked to do so by an inspector or any person acting under a delegation conferred under section 91(b).". 51. Entitlements under a tourist fossicking authority (1) For section 59(1) of the Mineral Resources Development Act 1990 substitute— "(1) A tourist fossicking authority entitles the holder and any person accompanied by the holder to search for minerals at the times, and subject to the conditions, specified in the authority on any of the following land that is specified in the authority, unless the land is covered by a mining licence— s. 50 -- 57 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 55 (a) private land, but only with the consent of the owner or occupier; and (b) Crown land (other than land exempted under section 6 or 7 of this Act). (1A) If the land is covered by a mining licence, the holder of the authority and any person accompanied by the holder is entitled to search for minerals on the land under a tourist fossicking authority if— (a) the land is specified in the authority; and (b) the holder of the authority has, in addition to any consent required under sub-section (1), the consent of the licensee.". (2) For section 59(3) of the Mineral Resources Development Act 1990 substitute— "(3) A consent granted under sub-section (1) or (1A)— (a) may be granted subject to conditions; and (b) may be withdrawn at any time by the person who granted it. (4) If a person is validly on any land under this section, he or she may remove from the land any minerals discovered by him or her on the land.". 52. Changes concerning the register (1) Section 68 of the Mineral Resources Development Act 1990 is repealed. s. 52 -- 58 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 56 (2) In sections 69, 70(6), 73, 74, 75 and 76 of the Mineral Resources Development Act 1990, for "registrar" (wherever occurring) substitute "Department Head". (3) In section 69(2)(a) of the Mineral Resources Development Act 1990— (a) for sub-paragraph (v) substitute— "(v) work authorities;"; (b) after sub-paragraph (i) insert— "(ia) instruments of refusal of applications for licences;"; (c) in sub-paragraph (xiv), after "licences" insert "(including mortgages)". (4) After section 74(1)(c) of the Mineral Resources Development Act 1990 insert— "; and (d) provide a copy of a registered work plan; and (e) provide a copy of a registered variation to a work plan—". (5) After section 74(1) of the Mineral Resources Development Act 1990 insert— "(1A) In complying with sub-sections (1)(d) and (e), the Department Head must exclude from any copy provided any information that is, in the opinion of the Department Head, of a confidential or commercially sensitive nature.". 53. Additional requirement for rehabilitation plan s. 53 -- 59 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 57 After section 79(a)(iv) of the Mineral Resources Development Act 1990 insert— "(v) any potential long term degradation of the environment; and". 54. Rehabilitation bonds (1) In section 80 of the Mineral Resources Development Act 1990, for the penalty at the foot of sub-section (6) substitute— "Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. Default penalty: In the case of a corporation, 20 penalty units. In any other case, 10 penalty units.". (2) In section 81 of the Mineral Resources Development Act 1990, after "doing work" insert "under the licence". 55. Conditions on return of rehabilitation bonds After section 82(2) of the Mineral Resources Development Act 1990 insert— "(3) The Minister may, as a condition of returning a bond or bonds to a licensee or a former licensee, require that person to enter into a further rehabilitation bond if any land or part of the land to which the bond relates has not been rehabilitated, or requires further rehabilitation.". 56. Change to bond return period For section 83(6) of the Mineral Resources Development Act 1990 substitute— s. 55 -- 60 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 58 "(6) In making a decision under sub-section (5), the Minister must take into account the possibility that some of the damage caused to the land by the licence activities may not become evident for some time.". 57. Changes concerning compensation (1) After section 85(1)(g) of the Mineral Resources Development Act 1990 insert— "; and (h) loss of opportunity to use tailings disposed of with the consent of the Minister under section 14(2).". (2) For section 88(3)(b)(i) of the Mineral Resources Development Act 1990 substitute— "(i) the other party is not the owner or occupier of the land affected; or". 58. Insertion of section 85A After section 85 of the Mineral Resources Development Act 1990 insert— "85A. What compensation is payable for—Crown land (1) This section applies if the Minister is of the opinion that the approval of a work plan, or the carrying out of any work under a licence, in relation to any Crown land has, or will, result in loss or damage of the following nature being sustained as a direct, natural and reasonable consequence of the approval of the plan, or the carrying out of the work— (a) deprivation of possession of the whole, or any part of the surface, of the land; or s. 58 -- 61 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 59 (b) damage to the surface of the land to such an extent that it cannot be rehabilitated and returned to its former, or a comparable, state; or (c) damage to any improvements on the land; or (d) severance of the land from any other Crown land; or (e) loss of opportunity to make any planned improvement on the land. (2) The Minister may require the licensee to pay compensation for the loss or damage— (a) to the Crown; or (b) to any person who is authorised to undertake activities on the land under a lease, licence, permit or other authority granted under an Act. (3) In determining whether compensation should be paid under sub-section (2)(a), the Minister must take into account any benefits that may accrue to the people of Victoria from the work carried out under the licence (for example, the provision of infrastructure). (4) In determining the amount of compensation to be paid, the Minister may, if it is necessary for the Crown to obtain replacement land, take account of the reasonable incidental expenses incurred in obtaining that land. (5) If the Minister determines that compensation should be paid to a person referred to in sub- section (2)(b), the Minister may increase the amount payable by up to 10% by way of solatium to compensate the person for intangible and non-pecuniary disadvantages -- 62 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 60 for which compensation is not otherwise payable and that result from the approval or the carrying out of the work. (6) Compensation is not payable in respect of any land which only became Crown land after work under the licence started on that land. (7) Sections 85(4) and (5) also apply to this section.". 59. Insertion of section 88A After section 88 of the Mineral Resources Development Act 1990 insert— "88A. Determination of disputes—Crown land (1) A licensee may apply to the Tribunal for a review of any requirement made by the Minister under section 85A. (2) A person who is authorised to undertake activities on Crown land under a lease, licence, permit or other authority granted under an Act may apply to the Tribunal for a review of any decision made by the Minister under section 85A that affects the person. (3) An application for a review under this section must be made within 28 days after the later of— (a) the day on which the decision is made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that s. 59 -- 63 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 61 Act that a statement of reasons will not be given.". 60. Limit on amount of compensation for loss of amenity After section 89(2) of the Mineral Resources Development Act 1990 insert— "(3) The maximum amount of compensation that a court or the Tribunal may order to be paid under section 85(1)(e) (loss of amenity) is $10 000.". 61. Change of title In the Mineral Resources Development Act 1990— (a) for section 90(1)(a) substitute— "(a) a Director of Mines; and"; (b) in sections 38(1B)(b), 42(2)(b)(i), 43(1)(d)(i), 67, 90(3), 91 and 118(1)(c), for "chief mining inspector" (wherever occurring) substitute "Director of Mines". 62. Substitution of section 93 For section 93 of the Mineral Resources Development Act 1990 substitute— "93. Offence to obstruct inspector etc. (1) A person must not wilfully assault, obstruct or attempt to obstruct, threaten, intimidate or attempt to intimidate an inspector in the exercise of the inspector's powers or the discharge of the inspector's duties. Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. s. 60 -- 64 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 62 (2) A person must not— (a) contravene or fail to comply with any lawful requirement of an inspector; or (b) refuse or neglect, when required by this Act to do so, to render assistance or furnish information to an inspector; or (c) make to an inspector exercising a power or discharging a duty under this Act a statement knowing it to be false or misleading in any particular. Penalty: In the case of a corporation, 500 penalty units. In any other case, 100 penalty units. (3) A person must not, when required by an inspector to state his or her full name and address— (a) fail to do so; or (b) state a false name or address; or Penalty: 5 penalty units. (4) A reference in this section to an inspector includes a reference to a person acting under an instrument of delegation under section 91(b).". 63. Repeal of Part 10—Mine Managers' Certificates Part 10 of the Mineral Resources Development Act 1990 is repealed. 64. Additional powers of the Minister in contravention cases (1) For sections 110(1) to (3) of the Mineral Resources Development Act 1990 substitute— s. 63 -- 65 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 63 "(1) This section applies if the Minister is satisfied that the holder of an authority under this Act— (a) has contravened this Act or the regulations; or (b) has not complied with any condition to which the authority is subject or any condition specified under section 44; or (c) has not complied with any relevant planning scheme or permit; or (d) has not complied with any condition applying to the carrying out of the work plan under the authority; or (e) has undertaken work on land otherwise than in accordance with the work plan under the authority. (2) The Minister may, by notice served on the holder of the authority— (a) require the taking within a specified period of any action necessary to remedy the contravention or non- compliance; (b) prohibit the doing of any activity or class of activity by the holder of the authority for a specified period or until the occurrence of a specified event; (c) require the holder of the authority to supply any plans or other information specified in the notice; (d) require the holder of the authority— (i) to provide monitoring equipment; (ii) to carry out any monitoring or surveys specified in the notice; s. 64 -- 66 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 64 (iii) to have any audit or assessment specified in the notice carried out by an appropriately qualified person or body; (iv) to give the Minister a report detailing the results of the monitoring, surveys, audit or assessment. (3) The holder of an authority must comply with a notice issued under sub-section (2). Penalty: In the case of a corporation, 1000 penalty units. In any other case, 200 penalty units. Default penalty: In the case of a corporation, 20 penalty units. In any other case, 10 penalty units.". (2) In section 110(4) of the Mineral Resources Development Act 1990, for "sub-section (1)" substitute "sub-section (2)". (3) For sections 110(5) and (6) of the Mineral Resources Development Act 1990 substitute— '(5) The Minister may, by notice served on the holder of the authority, cancel a notice issued under sub-section (2). (6) For the purposes of this section, in the case of a mining licence, service of a notice on -- 67 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 65 the manager appointed to control and manage the licence worksites is deemed to be service of the notice on the licensee. (7) In this section "authority" means a licence, a miner's right, a tourist fossicking authority or a tourist mine authority.'. 65. Insertion of section 111A After section 111 of the Mineral Resources Development Act 1990 insert— "111A. Default penalties (1) If a person is convicted of an offence against this Act in respect of which a default penalty is provided, the person is guilty of a further offence for each day the offence continues after the conviction, and is liable to be fined up to the amount specified as the default penalty. (2) This section does not apply if, owing to a circumstance such as the loss of a document needed to comply with this Act, it is not possible for a person to comply with the provision in respect of which the offence was committed.". 66. Surveys and drilling operations (1) For section 112(1) of the Mineral Resources Development Act 1990 substitute— "(1) The Minister may authorise in writing any person to enter, or fly over, any land for the purpose of making a land, mining or geological survey on behalf of the Department.". s. 65 -- 68 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 66 (2) In sections 112(2) and (3) of the Mineral Resources Development Act 1990, for "boring" (wherever occurring) substitute "drilling". (3) For section 112(4) of the Mineral Resources Development Act 1990 substitute— "(4) Part 8 applies to any drilling operation under sub-section (2)— (a) as if a reference in that Part to a licensee was a reference to the Department; and (b) as if a reference in that Part to the approval of the work plan or the doing of work under the licence was a reference to the carrying out of the drilling operation.". 67. Abandoned plant For section 114(5) of the Mineral Resources Development Act 1990 substitute— "(5) Any money received by the Minister on the sale of property under sub-section (4) must— (a) if the cost of taking action under section 83(1) in relation to any land covered by the licence exceeds the amount of the bond or bonds, be applied towards covering that cost; (b) in any other case, be paid into the Consolidated Fund. (6) If sub-section (5)(a) applies and money remains after the cost referred to in that sub- section has been covered, that remaining s. 67 -- 69 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 67 money must be paid into the Consolidated Fund. (7) Nothing in this section applies to any plant that is on any land owned by the licensee or former licensee.". 68. Information supplied by licensees For section 116(3) of the Mineral Resources Development Act 1990 substitute— "(3) The Minister may also make a document furnished under sub-section (1) available for inspection by the public— (a) if the licensee consents to the Minister doing so; or (b) if the licensee refuses to consent to the Minister doing so, but the Minister is satisfied that the licensee is acting unreasonably in refusing to consent and that it is in the public interest that the information should be released while the licence is still in force. (4) Regulations made under sub-section (1) may require the licensee to lodge a detailed current plan of any mine within the area covered by the licence.". 69. Supreme Court—limitation of jurisdiction For section 123 of the Mineral Resources Development Act 1990 substitute— "123. Supreme Court—limitation of jurisdiction It is the intention of section 89(3), as inserted by section 60 of the Mineral Resources Development (Amendment) Act 2000, to alter or vary section 85 of the Constitution Act 1975.". s. 69 -- 70 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 68 70. Regulations In section 124(1) of the Mineral Resources Development Act 1990— (a) in paragraph (c), omit "and renewals of licences"; (b) paragraphs (m) and (n) are repealed; (c) for paragraph (v) substitute— "(v) requiring the payment of fees for anything done under this Act or the regulations and prescribing those fees; and". 71. Insertion of section 130 After section 129 of the Mineral Resources Development Act 1990 insert— "130. Saving and transitional provisions— 2000 amendments Schedule 5 contains saving and transitional provisions arising from the amendments made to this Act by the Mineral Resources Development (Amendment) Act 2000.". 72. Increase in miscellaneous penalties In the Mineral Resources Development Act 1990— (a) in section 67, for "100 penalty units" substitute "200 penalty units"; (b) in section 77, for "100 penalty units" substitute "200 penalty units". 73. Insertion of Schedule 5 After Schedule 4 of the Mineral Resources Development Act 1990 insert— s. 71 -- 71 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 69 SCHEDULE 5 SAVING AND TRANSITIONAL PROVISIONS ARISING FROM THE MINERAL RESOURCES DEVELOPMENT (AMENDMENT) ACT 2000 1. Definitions In this Schedule— "amending Act" means the Mineral Resources Development (Amendment) Act 2000; "commencement date" means the date section 14 of the amending Act came into operation. 2. Saving of exploration licence applications based on former measurement system If the Minister varies the meaning of a graticular section under section 7A— (a) any application for an exploration licence that was lodged before the date the variation took effect is not invalid merely because it does not take account of the varied meaning of graticular sections; and (b) the Minister may grant the application without modifying the area to which the licence is to apply to take account of the varied meaning. 3. "Queued" applications to lapse (1) This clause applies if— (a) an application for a licence was lodged— (i) before the commencement date; and (ii) one or more days after an application was lodged for a licence in respect of the same land; and (b) that other prior application had not lapsed or been withdrawn, rejected or not accepted before the commencement date. (2) The later application lapses. -- 72 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 70 4. Other applications Subject to clauses 2 and 3, any application for a licence or the renewal of a licence that was lodged before the commencement date and that had not lapsed or been withdrawn, rejected or not accepted before that date is to be treated as if it had been lodged on the commencement date. 5. Exploration licences held for less than 5 years (1) This clause applies to an exploration licence that was first registered less than 5 years before the commencement date. (2) The licence is to be treated as if it had been issued on the day it was first registered for a period of 5 years. (3) Sub-section (2) is not to be read as enabling the recovery of any area that no longer applies to the licence as a result of section 30 (before its repeal). 6. Exploration licences held for 5 years or more (1) This clause applies to an exploration licence that was first registered 5 years or more before the commencement date. (2) The licence may be renewed on the expiry of the term specified in the licence. 7. Exploration licences not affected Subject to clauses 5 and 6, any exploration licence in force on the commencement date continues in force. 8. Mining licences not affected Any mining licence in force on the commencement date continues in force. 9. Right to reproduce section 116 document imposed as a condition (1) This clause applies to any mining licence in force immediately before the commencement date. (2) It is a condition of the licence that, in providing a document to the Minister under section 116, the licensee must give the Crown a licence to s. 73 -- 73 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 71 reproduce the document and any information in the document.". 74. Repeal of spent Act The Mineral Resources Development (Amendment) Act 1993 is repealed. 75. Amendment to the National Parks Act 1975 After section 32D(3) of the National Parks Act 1975 insert— "(4) The property in minerals passes from the Crown to a person acting in accordance with any permission or authorization given under sub-section (2) when the minerals are separated from the land.". ═══════════════ s. 74 -- 74 of 75 -- Act No. 82/2000 Mineral Resources Development (Amendment) Act 2000 72 ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 October 2000 Legislative Council: 2 November 2000 The long title for the Bill for this Act was "to amend the Mineral Resources Development Act 1990 and the National Parks Act 1975 and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 31 October 2000 Legislative Council: 2 November 2000 Absolute majorities: Legislative Assembly: 1 November 2000 Legislative Council: 16 November 2000 Endnotes -- 75 of 75 --