Mineral Resources (Sustainable Development) …FILE/14-169sr.docx · Web viewMineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2014 Regulation

Mineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2014

S.R. No. 169/2014

TABLE OF PROVISIONSRegulation Page

1 Objective 12 Authorising provision 23 Commencement 24 Principal Regulations 25 Advertising of exploration licence or retention licence

application 26 Advertising of mining licence application 27 Advertising of prospecting licence application 38 Advertising of exploration licence, mining licence or retention

licence application relating to coal on exempted land 39 Regulation 38 substituted 3

38 Variation of licence 310 New regulation 38A inserted 4

38A Variation to increase licence area 411 Advertising and notice of accepted tenders 512 Regulation 41 amended 513 Regulation 42 amended 614 Fee for lodging an impact statement 615 Fees for information and copies 616 Schedule 8 amended 617 Schedule 9 amended 718 Schedule 24 amended 719 Schedule 25 amended 720 Schedule 27 substituted 7

SCHEDULE 27—Mining Work Plan Fees for Mining Licences and Prospecting Licences 8

1 Definitions 82 Fee for lodgement of work plan 93 Fee for varying a work plan 12

21 Schedule 28 substituted 17

SCHEDULE 28—Fees and Rents 17

PART 1—FEES 17

PART 2—RENTS 20

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22 Schedule 30 amended 2023 Schedule 31 amended 21

═══════════════ENDNOTES 22

STATUTORY RULES 2014

S.R. No. 169/2014

Mineral Resources (Sustainable Development) Act 1990


The Lieutenant-Governor as the Governor's deputy with the advice of the Executive Council makes the following Regulations:

Dated: 21 October 2014

Responsible Minister:

RUSSELL NORTHEMinister for Energy and Resources

YVETTE CARISBROOKEClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013—

(a) to prescribe matters relating to advertising of exploration, mining and retention licence applications; and

(b) to prescribe circumstances where a licence may be varied by the Minister; and

(c) to remove references to work authority; and

(d) to prescribe section 80(4A) of the Mineral Resources (Sustainable Development) Act 1990 as an infringement offence; and

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(e) to clarify fee and rent amounts for matters authorised under the Mineral Resources (Sustainable Development) Act 1990; and

(f) to make other minor and technical amendments.

2 Authorising provision

These Regulations are made under section 124 of the Mineral Resources (Sustainable Development) Act 1990.

3 Commencement

These Regulations come into operation on 1 November 2014.

4 Principal Regulations

In these Regulations, the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 20131 are called the Principal Regulations.

5 Advertising of exploration licence or retention licence application

For regulation 20(1)(a) of the Principal Regulations substitute—

"(a) insert a notice of the application containing the information set out in Part 1 of Schedule 8 in—

(i) a Wednesday edition of a newspaper circulating generally in Victoria; and

(ii) one newspaper circulating in each locality of the licence application area; and".

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6 Advertising of mining licence application

For regulation 21(1)(a) of the Principal Regulations substitute—

"(a) insert a notice of the application containing the information set out in Part 1 of Schedule 9 in—

(i) a Wednesday edition of a newspaper circulating generally in Victoria; and

(ii) one newspaper circulating in each locality of the licence application area; and

(ab) serve a copy of the notice of the application that was advertised under paragraph (a) on the owner and occupier of the land; and".

7 Advertising of prospecting licence application

In regulation 22(1)(a) of the Principal Regulations, for "or more newspapers circulating in the" substitute "newspaper circulating in each".

8 Advertising of exploration licence, mining licence or retention licence application relating to coal on exempted land

In regulation 23(1)(a) of the Principal Regulations, for "one or more newspapers circulating in the locality" substitute "one newspaper circulating in each locality".

9 Regulation 38 substituted

For regulation 38 of the Principal Regulations substitute—

"38 Variation of licence

(1) A licence may be varied by the Minister if it is necessary to provide another licensee with access for conveying minerals or materials across the land covered by the licence.

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(2) The variation may be an excision from the licence.

(3) The Minister may vary, suspend or revoke a condition of a licence, or add a new condition, if the Minister decides it is necessary to do so to ensure public safety in relation to work done under the licence.

(4) The circumstances specified in subregulations (1), (2) and (3) are prescribed circumstances for the purposes of section 34(2)(d) of the Act.

(5) An application for the variation of a licence under section 34(2)(a) of the Act must be accompanied by the fee specified in item 12 of Part 1 of Schedule 28 for the date on which the application is made.".

10 New regulation 38A inserted

After regulation 38 of the Principal Regulations insert—

"38A Variation to increase licence area

(1) This regulation applies to the holder of an exploration, mining or retention licence (the continuing licence) covering land that surrounds an area of land covered by—

(a) another licence that is a mining licence not exceeding 5 hectares; or

(b) another licence that is a prospecting licence; or

(c) an application for a prospecting licence.

(2) The holder of a continuing licence may, within 28 days of a licence referred to in subregulation (1)(a) or (b) or an application referred to in subregulation (1)(c) ceasing to have effect, request that the Minister vary the

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licence to include the land covered by that licence or application within the continuing licence.

(3) The continuing licence is taken to surround a licence referred to in subregulation (1)(a) or (b) or an application referred to in subregulation (1)(c) if the land covered by the continuing licence shares at least one common boundary with the land covered by the licence or application for a licence.

(4) A request to vary a licence for the purposes of this regulation is to be treated as an application for a licence for the purposes of section 23 of the Act.

(5) The circumstances specified in subregulation (2) are prescribed circumstances for the purposes of section 34(2)(d) of the Act.

(6) An application for a variation of a licence under section 34(2)(a) of the Act must be accompanied by the fee specified in item 13 of Part 1 of Schedule 28 for the date on which the application is made.".

11 Advertising and notice of accepted tenders

In regulation 40(1)(a) of the Principal Regulations, for "or more newspapers circulating in the" substitute "newspaper circulating in each".

12 Regulation 41 amended

(1) In regulation 41(a) of the Principal Regulations, for "item 13" substitute "item 14".

(2) In regulation 41(b) of the Principal Regulations, for "item 14" substitute "item 15".

(3) In regulation 41(c) of the Principal Regulations, for "item 15" substitute "item 16".

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13 Regulation 42 amended

(1) In regulation 42(1) of the Principal Regulations, for "item 16" substitute "item 17".

(2) In regulation 42(2) of the Principal Regulations, for "item 17" substitute "item 18".

14 Fee for lodging an impact statement

In regulation 43 of the Principal Regulations, for "item 18" substitute "item 19".

15 Fees for information and copies

(1) For regulation 50(1) of the Principal Regulations substitute—

"(1) For the purposes of section 74(1) of the Act—

(a) the prescribed fee for each access allowed to the register is specified in item 20 of Part 1 of Schedule 28; and

(b) the prescribed fee for each instance of information provided or each copy provided is specified in item 21 of Part 1 of Schedule 28.".

(2) In regulation 50(3) of the Principal Regulations, for "is 1∙8 fee units" substitute "specified in item 22 of Part 1 of Schedule 28".

16 Schedule 8 amended

In item 6 of Part 1 of Schedule 8 to the Principal Regulations, for "the newspaper circulating in the locality" substitute "one newspaper circulating in each locality".

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In item 6 of Part 1 of Schedule 9 to the Principal Regulations, for "the newspaper circulating in the locality" substitute "one newspaper circulating in each locality".


(1) In item 2(b) of Schedule 24 to the Principal Regulations, for "plan; and" substitute "plan—".

(2) Item 2(c) of Schedule 24 to the Principal Regulations is revoked.

(3) In item 3 of Schedule 24 to the Principal Regulations, for "On receiving a work authority" substitute "On satisfying the requirements of section 42(1) of the Act".


(1) In item 1 of Schedule 25 to the Principal Regulations, after "section" insert "15(9) or".

(2) In item 2(b) of Schedule 25 to the Principal Regulations, for "plan; and" substitute "plan—".

(3) Item 2(c) of Schedule 25 to the Principal Regulations is revoked.

(4) In item 3 of Schedule 25 to the Principal Regulations, for "On receiving a work authority" substitute "On satisfying the requirements of section 42(1) of the Act".

20 Schedule 27 substituted

For Schedule 27 to the Principal Regulations substitute—

"SCHEDULE 27

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Regulation 32

MINING WORK PLAN FEES FOR MINING LICENCES AND PROSPECTING LICENCES

1 Definitions

(1) In this Schedule—

EES work plan means a work plan or variation to a work plan for work in respect of which an Environment Effects Statement is prepared under the Environment Effects Act 1978;

SE work plan means a work plan or variation to a work plan for work in respect of which a planning permit is required;

sensitive location, in relation to a mine, means—

(a) a residence, school, kindergarten, aged care facility, hospital, childcare centre or community facility; or

(b) a place or class of places declared under subclause (2) to be a sensitive location—

but does not include any premises that are owned or occupied by the person who lodges a work plan or applies to vary a work plan in relation to the mining to be carried out in that mine.

(2) The Minister, by notice published in the Government Gazette, may declare a place or class of places to be a sensitive location for the purposes of this Schedule.

(3) In determining the perimeter of the area for the purposes of the Schedule, any buffer zone in or in relation to that area is to be excluded.

2 Fee for lodgement of work plan

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(1) The fee for lodging a work plan (being a work plan that relates to mining) on or after 1 January 2015 and before 1 January 2016 for a category of mining licence, prospecting licence or mine specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.

Column 1 Column 2 Column 3

Item Category FeeSE work

planEES work

plan

1 Mining licence that covers an area of 5 hectares or less or prospecting licence

979 fee units

N/A

2 Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan

2447 fee units

9788 fee units

3 Mine (including underground mine) with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the work plan

2936 fee units

9788 fee units

4 Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan

2447 fee units

9788 fee units

5 Mine (including underground mine) with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan

5873 fee units

19576 fee units

(2) The fee for lodging a work plan (being a work plan that relates to mining) on or after 1 January

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2016 and before 1 January 2017 for a category of mining licence, prospecting licence or mine specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.


Item Category Fee

SE work plan

EES work plan


1106 fee units

N/A


2765 fee units

11063 fee units


3319 fee units

11063 fee units


2765 fee units

11063 fee units


6638 fee units

22125 fee units

(3) The fee for lodging a work plan (being a work plan that relates to mining) on or after 1 January 2017 for a category of mining licence, prospecting

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licence or mine specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.


Item Category Fee

SE work plan

EES work plan


1234 fee units

N/A


3084 fee units

12338 fee units


3701 fee units

12338 fee units


3084 fee units

12338 fee units


7403 fee units

24675 fee units

3 Fee for varying a work plan

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(1) The fee for varying a work plan (being a work plan that relates to mining) on or after 1 January 2015 and before 1 January 2016 for a category of mining licence, prospecting licence or mine specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.


Item Category Fee

SE work plan

EES work plan

Other work plan


908 fee units

N/A 302 fee units

2 Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the application

2420 fee units

9074 fee units

756 fee units

3 Mine (including underground mine) with no blasting involved and has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application

3025 fee units

9074 fee units

908 fee units

4 Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the

2420 fee units

9074 fee units

756 fee units

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Item Category Fee

SE work plan

EES work plan

Other work plan

perimeter of the area covered by the application

5 Mine (including underground mine) with blasting involved and has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application

6049 fee units

18148 fee units

1815 fee units

(2) The fee for varying a work plan (being a work plan that relates to mining) on or after 1 January 2016 and before 1 January 2017 for a category of mining licence, prospecting licence or mine specified in column 2 of the following Table is the fee specified in the corresponding entry in column 3 of that Table.


Item Category Fee

SE work plan

EES work plan

Other work plan


1026 fee units

N/A 342 fee units

2 Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of

2735 fee units

10256 fee units

855 fee units

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Item Category Fee

SE work plan

EES work plan

Other work plan

the perimeter of the area covered by the application


3419 fee units

10256 fee units

1026 fee units

4 Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the application

2735 fee units

10256 fee units

855 fee units


6837 fee units

20511 fee units

2052 fee units

(3) The fee for varying a work plan (being a work plan that relates to mining) on or after 1 January 2017 for a category of mining licence, prospecting licence or mine specified in column 2 of the

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following Table is the fee specified in the corresponding entry in column 3 of that Table.


Item Category Fee

SE work plan

EES work plan

Other work plan


1144 fee units

N/A 381 fee units

2 Mine (including underground mine) with no blasting involved and has no sensitive locations within 200 metres of the perimeter of the area covered by the application

3050 fee units

11438 fee units

953 fee units


3813 fee units

11438 fee units

1144 fee units

4 Mine (including underground mine) with blasting involved and has no sensitive locations within 500 metres of the perimeter of the area covered by the application

3050 fee units

11438 fee units

953 fee units

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Item Category Fee

SE work plan

EES work plan

Other work plan


7625 fee units

22875 fee units

2288 fee units

__________________".

21 Schedule 28 substituted

For Schedule 28 to the Principal Regulations substitute—

"SCHEDULE 28

FEES AND RENTS

PART 1—FEES

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Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7

Item No. Reg. No. Nature of fee

Amount before 1 January 2015

Amount on or after 1 January 2015 and before 1 January 2016


Amount on or after 1 January 2017

1 12 Application fee for an exploration licence

90 fee units per 500 square kilometres

1157 fee units

1307 fee units

1458 fee units

2 13 Application fee for a mining licence

135 fee units for every 260 hectares

2081 fee units

2352 fee units

2623 fee units

3 14 Application fee for a prospecting licence

40 fee units 397 fee units

448 fee units

50 fee units

4 15 Application fee for a retention licence

135 fee units per 260 hectares

1157 fee units

1307 fee units

1458 fee units

5 16 Additional fee for a mineralisation report

N/A 524 fee units

592 fee units

66 fee units

6 17 Additional fee for a native title assessment

N/A 583 fee units

659 fee units

735 fee units

7 18 Application fee for a miner's right

25 fee units (2 years)7 fee units (10 years)

13 fee units 15 fee units 17 fee units







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8 19 Application fee for a tourist fossicking authority

30 fee units (2 years)405 fee units (10 years)

51 fee units 57 fee units 64 fee units

9 29 Application fee for renewal of an exploration licence

90 fee units per 500 square kilometres

605 fee units

68.4 fee units 763 fee units

10 29 Application fee for renewal of a mining licence


608 fee units

688 fee units

767 fee units

11 29 Application fee for renewal of a retention licence


605 fee units

684 fee units

763 fee units

12 38 Application fee for variation of a licence


245 fee units

273 fee units

13 38A Application fee for variation to increase licence area


245 fee units

273 fee units

14 41 Fee for grant of exploration licence (accepted tender)

N/A 1157 fee units

1307 fee units

1458 fee units

15 41 Fee for grant of mining licence (accepted tender)

N/A 2081 fee units

2352 fee units

2623 fee units







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16 41 Fee for grant of retention licence (accepted tender)

N/A 1157 fee units

1307 fee units

1458 fee units

17 42 Application for transfer of a licence


128 fee units

143 fee units

18 42 Fee for an amalgamation of a licence made at the request of the licensee


208 fee units

232 fee units

19 43 Fee for lodging an impact statement

N/A 1268 fee units

1433 fee units

1598 fee units

20 50 Fee for access to mining register

N/A 13 fee units 15 fee units 17 fee units

21 50 Fee for the provision of information and copies


22 50 Fee for certificate of information and copies


PART 2—RENTS

Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Column 7 Column 8

Item No. Reg. No. Rate for assessing rent

Rate before 1 January 2015

Rate on or after 1 January 2015 and before

Rate on or after 1 July 2015 and before 1 July

Rate on or after 1 July 2016 and before 1 July

Rate on or after 1 July 2017

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1 July 2015 2016 2017

1 37 Rate for assessing rent payable for an exploration licence

N/A 28 fee units per 10 graticules

59 fee units per 10 graticules



2 37 Rate for assessing rent payable for a mining licence

15 fee units per hectare





3 37 Rate for assessing rent payable for a prospecting licence

15 fee units per hectare

28 fee units

60 fee units

68 fee units

7·1 fee units

4 37 Rate for assessing rent payable for a retention licence

N/A 1 fee unit per 10 hectares

2.1 fee units per 10 hectares



__________________".


In the Table in Schedule 30 to the Principal Regulations item (v) is revoked.


In the Table in Schedule 31 to the Principal Regulations—

(a) in column 2 of item 17, for "section 39(3)" substitute "section 42(1)"; and

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(b) in column 3 of item 17, for "a work authority (except as permitted by section 39(4) of the Act)" substitute "satisfying the requirements of section 42(1) of the Act"; and

(c) after item 30 insert—An offence under section 80(4A) of the Act

fail to comply with a requirement to enter into a further rehabilitation bond

5 penalty units for an individual or 25 penalty units for a corporation".

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ENDNOTES

Endnotes S.R. No. 169/2014


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1 Reg. 4: S.R. No. 126/2013.

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Mineral Resources (Sustainable Development) …FILE/14-169sr.docx · Web viewMineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2014 Regulation