{"id":"sr:mineral-resources-sustainable-development-mineral-industries-regulations","name":"Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019","slug":"mineral-resources-sustainable-development-mineral-industries-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181537,"registerId":"vic-sr:mineral-resources-sustainable-development-mineral-industries-regulations-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Objectives","content":"\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to prescribe various procedures, details, royalties, fees, forms, rents, information required in documents and other matters authorised by the **Mineral Resources (Sustainable Development) Act 1990**; and\n\n(b) to prescribe certain offences as infringement offences; and\n\n(c) to set out requirements relating to declared mines; and\n\n(d) to set out the requirements for persons who are required, under the **Mineral Resources (Sustainable Development) Act 1990**, to disclose any interests.\n\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Authorising provision","content":"\t2 Authorising provision\n\nThese Regulations are made under section 124 of the **Mineral Resources (Sustainable Development) Act 1990**.\n\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Commencement","content":"\t3 Commencement\n\nThese Regulations come into operation on 1 July 2019.\n\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"\t4 Definitions\n\nIn these Regulations—\n\nReg. 4 def. of *Environment Protection Authority* inserted by S.R. No. 97/2022 reg. 5.\n\n***Environment Protection Authority*** has the same meaning as ***Authority*** has in the **Environment Protection Act 2017**;\n\n***exploration hazard*** means any exploration activity and circumstance that may pose a risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of work carried out under a licence;\n\n***gold*** means any gold or silver content of ore, concentrates, alloy or metal that is sold as a product from a mine the principal activity of which is the mining of gold;\n\n***mining hazard*** means any mining activity and circumstance that may pose a risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of work carried out at a mine;\n\n***net market value***, of a mineral, means the market value of the mineral at the time it is first sold, transferred or disposed of, less any costs reasonably, necessarily and directly incurred by the licensee in connection with the sale, transfer or disposal (including insurance, freight and marketing expenses);\n\n***rehabilitation hazard*** means any rehabilitation activity and circumstance that may pose a risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the rehabilitation activity;\n\n***rehabilitation milestone*** means a measurable, significant event or step in the process of rehabilitation;\n\nReg. 4 def. of *rehabilitation or closure milestone* inserted by S.R. No. 97/2022 reg. 5.\n\n***rehabilitation or closure milestone***, in relation to a declared mine  rehabilitation plan, means a rehabilitation or closure milestone included in that plan in accordance with regulation 64F(2)(c);\n\nReg. 4 def. of *relevant period* inserted by S.R. No. 138/2019 reg. 4.\n\n***relevant period*** means—\n\n(a) a financial year for which royalties must be paid; or\n\n(b) if the Minister varies the period for which royalties must be paid under regulation 5(2), the varied period;\n\n***safe, stable and sustainable*** means—\n\n(a) is not likely to cause injury or illness; and\n\n(b) structurally, geotechnically and hydrogeologically sound; and\n\n(c) non-polluting; and\n\n(d) aligns with the principles of sustainable development;\n\n***the Act***  means the  **Mineral Resources (Sustainable Development) Act 1990**;\n\nReg. 4 def. of *work plan area* amended by S.R. No. 108/2025 reg. 5(1).\n\n***work plan area*** means the area where work described in the work plan is, or is proposed to be, carried out;\n\nReg. 4 def. of *work plan minor variation* inserted by S.R. No. 108/2025 reg. 5(2).\n\n***work plan minor variation***, in relation to an approved work plan, means a variation to the work plan that the Department Head determines to be a minor variation under section 41AAA of the Act.\n\n","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Royalties and production returns","content":"Part 2—Royalties and production returns\n\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Period for which royalties are payable","content":"\t5 Period for which royalties are payable\n\n(1) For the purposes of section 12(1)(b) and (2) of the Act––\n\n(a) royalties are payable in respect of each financial year; or\n\n(b) if the Minister, under subregulation (2), varies the period in respect of which royalties are payable, royalties are payable in respect of the varied period.\n\n(2) The Minister, by notice in writing to the licence holder, may vary the period in respect of which royalties are payable.\n\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Calculation of royalties","content":"\t6 Calculation of royalties\n\n(1) For the purposes of section 12(1)(b) of the Act, royalties for any mineral, other than gold or lignite, are payable by the holder of a mining licence or the holder of a prospecting licence at the rate of 2·75 per cent of the net market value of the mineral produced under the licence.\n\nReg. 6(1A) inserted by S.R. No. 138/2019 reg. 5.\n\n(1A) For the purposes of section 12(1)(b) of the Act, royalties for gold are payable by the holder of a mining licence at the rate of 2·75 per cent of the net market value of the gold produced under the licence.\n\nReg. 6(1B) inserted by S.R. No. 138/2019 reg. 5.\n\n(1B) Despite subregulation (1A), no royalties for gold are payable in respect of the first 2500 ounces of gold produced under a mining licence during—\n\n(a) the period beginning on 1 January 2020 and ending on 30 June 2020; or\n\n(b) any relevant period beginning on or after 1 July 2020.\n\n(2) For the purposes of section 12(2) of the Act, royalties are payable at the rate of $1.43 per cubic metre for tailings resulting from work under a licence over Crown land disposed of by the holder of––\n\n(a) a mining licence under section 14(2)(b) of the Act; or\n\n(b) a prospecting licence under section 14B(2A) of the Act.\n\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Minister may determine net market value in certain circumstances","content":"\t7 Minister may determine net market value in certain circumstances\n\n(1) If the Minister is of the opinion that the net market value reported in respect of a particular mineral is not a true or fair net market value of the mineral, the Minister may require the licensee to pay a royalty in relation to that mineral on the basis of the net market value of the mineral as determined by the Minister.\n\n**Examples**\n\n1 The holder of a mining licence gives the Department Head a production and royalty return under regulation 8. The Minister is of the view that the costs reported in relation to the sale of a mineral are unreasonably high. The Minister makes a determination under this regulation.\n\n2 The holder of a mining licence gives the Department Head a production and royalty return under regulation 8. The Minister is of the view that the reported sale price of a mineral resulted from a transaction between related bodies corporate that was not a genuine commercial transaction. The Minister makes a determination under this regulation.\n\n(2) Before making a determination under subregulation (1), the Minister—\n\n(a) must give the licensee a written notice that—\n\n(i) states that the Minister is of the opinion that the net market value of the mineral may not be a true or fair net market value of the mineral; and\n\n(ii) states the reasons for that opinion; and\n\n(iii) invites the licensee to make a written submission in response to the notice within the time specified by the Minister in the notice; and\n\n(b) must consider any written submission that is made by the licensee within the time specified in the notice.\n\n(3) For the purposes of subregulation (2)(a)(iii), the Minister must not specify a period of less than 7 days.\n\n(4) If the Minister makes a determination under subregulation (1), the licensee must pay the difference between the amount of royalty already paid in respect of the mineral and the amount of royalty that is payable on the basis of the determination within 28 days after the date on which the licensee is given written notice of the determination.\n\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Production and royalty return","content":"\t8 Production and royalty return\n\n(1) This regulation applies to production and royalty returns for relevant periods commencing on or after 1 July 2019.\n\n(2) Within 30 days after the end of each relevant period, the holder of a mining licence or prospecting licence must give the Department Head a production and royalty return for the relevant period that—\n\n(a) contains the information specified in subregulation (3); and\n\n(b) is in the form approved by the Department Head.\n\n(3) For the purposes of subregulation (2), the information is—\n\n(a) the quantity of lignite produced under the licence during the relevant period and the value of the net wet specific energy content of that lignite used for the purpose of the calculation of the royalty; and\n\n(b) if the licence area includes Crown land, the quantity of tailings resulting from work under the licence on Crown land that were disposed of during the relevant period; and\n\n(c) the following details for each other mineral produced under the licence (if any)—\n\n(i) the type and quantity of the mineral produced under the licence during the relevant period;\n\n(ii) the net market value of the mineral;\n\n(iii) the costs taken into account in calculating the net market value;\n\n(iv) any other information used in the calculation of the net market value.\n\nReg. 8(4) revoked by S.R. No. 138/2019 reg. 6.\n\n* * * * *\n\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Time of payment","content":"\t9 Time of payment\n\n(1) This regulation applies to payment of royalties for a period commencing on or after 1 July 2019.\n\n(2) For the purposes of section 12(1)(b) and (2) of the Act, the time by which royalties are to be paid is—\n\n(a) within 30 days after the date on which the Department Head receives the production and royalty return under regulation 8 for the period for which royalties are to be paid; or\n\n(b) a later date determined by the Minister under subregulation (3).\n\n(3) The Minister, by notice in writing to the licence holder, may determine a date by which royalties are to be paid, which must be later than the date by which royalties otherwise are to be paid in accordance with subregulation (2)(a).\n\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Records relating to royalties","content":"\t10 Records relating to royalties\n\n(1) For the purposes of assessing or verifying the amount of royalties payable, a licensee must retain the books and records of production, disposals, transfers, sales and costs under the licence for at least 5 years.\n\nPenalty: 10 penalty units.\n\n(2) For the purposes of assessing or verifying the amount of royalties payable by a licensee, the Department Head, or an officer of the Department authorised by the Department Head, may inspect the whole or any part of the books and records retained under subregulation (1).\n\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Timing and manner of measurement for calculation of a gigajoule unit of lignite produced","content":"\t11 Timing and manner of measurement for calculation of a gigajoule unit of lignite produced\n\n(1) For the purposes of the definition of ***gigajoule unit of lignite*** in section 12A(5) of the Act—\n\n(a) the prescribed manner for measuring a gigajoule unit of lignite, in units of tonnes per gigajoule, is by using the following formula—\n\n1/NWSE\n\n **NWSE** is net wet specific energy measured in units of gigajoules per tonne, and calculated on the basis of historic drillhole data representative of the lignite for which the royalty is being paid, with gross energy value converted to net energy value using International Organization for Standardization standard ISO 1928:2009(E); and\n\n(b) the prescribed time at which the measurement is made is a time that is suitable for performing the measurement in the prescribed manner.\n\n(2) For the purposes of section 12A(2) of the Act, the number of gigajoule units of lignite produced is calculated using the following formula—\n\nNWSE × ρV\n\n\t**NWSE** is measured in accordance with subregulation (1);\n\n\t**ρ** is the average annual in situ density value of the lignite for which the royalty is being paid, in tonnes/m3, and calculated in accordance with the following formula to 3 decimal places—\n\n![]()\n\n\t**D** is the weighted average true density of composite lignite samples taken each month during the period for which the royalty is being paid, with analysis performed using a method involving helium displacement that accords with industry standard, calculated to three decimal places;\n\n\t**M** is the average in situ moisture of the lignite which is representative of the lignite for which the royalty is being paid, based on historic drillhole data, expressed as a percentage, and calculated to one decimal place;\n\n\t**V** is the volume of the lignite in m3 based on volumetric survey measurements taken for the lignite for which the royalty is being paid.\n\nPart 3—Licences\n\nDivision 1—Licence applications\n\n\t12 Meaning of *competent person*\n\n(1) For the purposes of section 15(1BG) of the Act, a person is a ***competent person*** to prepare a mineralisation report under section 15(1BE) of the Act if—\n\n(a) the person has—\n\n(i) membership of an organisation approved by the Department Head that is of a class approved by the Department Head; and\n\n(ii) a minimum of 5 years' experience which is relevant to the style of mineralisation or type of deposit and to the activity that is the subject of the report; or\n\n(b) in the case of a report relating to a mineral deposit that is easily and readily assessed visually at the ground surface, the Minister has determined, on a case-by-case basis, that the person has the relevant experience in mining or mineral exploration to prepare the report.\n\n(2) For the purposes of subregulation (1), the Department Head may, by notice published in the Government Gazette, approve organisations and classes of membership.\n\n","sortOrder":12},{"sectionNumber":"13","sectionType":"section","heading":"Information requirements—all licence applications","content":"\t13 Information requirements—all licence applications\n\nAn application for a licence under section 15(1), 26AD(1) or 26AJ(1) of the Act must contain—\n\n(a) the name, address, contact phone number and email address of the applicant; and\n\n(b) if the applicant is a corporation—\n\n(i) a list of the directors and company secretary of the company; and\n\n(ii) a copy of the certificate of registration of the company or certificate of registration on change of name; and\n\n(c) if the application includes Crown land, how the applicant proposes to comply with the Native Title Act 1993 of the Commonwealth or the **Traditional Owner Settlement Act 2010**; and\n\n(d) the requested term of the licence (in years); and\n\n(e) whether the applicant or an associate of the applicant is an insolvent under administration; and\n\n(f) if any circumstance set out in section 16(1) of the Act applies to the applicant or an associate of the applicant, details of the surrounding circumstances; and\n\n(g) any other information that may be relevant for determining whether the applicant is a fit and proper person to hold the licence, having regard to any guidance issued by the Department Head.\n\nIn addition to information prescribed in this regulation, an application for a licence under section 15(1) of the Act must, under section 15(1BA) of the Act, specify the mineral or minerals to which the licence will relate.\n\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Additional information requirements—exploration licence applications","content":"\t14 Additional information requirements—exploration licence applications\n\nAn application for an exploration licence under section 15(1), 26AD(1) or 26AJ(1) of the Act must contain the following additional information—\n\n(a) the area, in graticular sections, of land that is the subject of the licence application;\n\n(b) a map of 1:100 000 scale that indicates the land applied for and shows graticular sections;\n\n(c) details of the proposed program of work for each year of the licence including—\n\n(i) the nature of the work to be undertaken; and\n\n(ii) the location and focus of the proposed exploration activities, as far as is practicable; and\n\n(iii) the nature of the targets that the program seeks to delineate; and\n\n(iv) the geological rationale behind the proposed program; and\n\n(v) the proposed timing schedule for the exploration program;\n\n(d) the estimated annual expenditure, for each year of the licence, to undertake the proposed program of work and rehabilitation;\n\n(e) evidence of the applicant's financial capability to fund the estimated expenditure;\n\n(f) the name, address, contact phone number, email address and qualifications of each technical advisor who will assist in the proposed program of work;\n\n(g) for each technical advisor (if any) who is not an employee of the applicant, evidence that the technical advisor has consented to assist in the proposed program of work;\n\n(h) details of the applicant's experience in exploration and mining activities and associated rehabilitation;\n\n(i) a preferred annual reporting date for the purposes of regulation 53, being one of 30 June, 30 September, 31 December or 31 March.\n\n","sortOrder":14},{"sectionNumber":"15","sectionType":"section","heading":"Additional information requirements—mining licence applications","content":"\t15 Additional information requirements—mining licence applications\n\n(1) An application for a mining licence under section 15(1) of the Act must contain the following additional information—\n\n(b) a map of the land applied for that—\n\n(i) is of 1:25 000 scale or of a scale that provides more detail; and\n\n(ii) shows the boundaries of private and Crown land; and\n\n(iii) shows the extent of land used as agricultural land;\n\n(c) the names and addresses of all owners and occupiers of any private land covered by the application;\n\n(d) details of the proposed program of work for each year of the licence including—\n\n(i) a map of the location of the proposed mining works in relation to the boundaries of the land included in the application; and\n\n(ii) a brief description of the proposed types of works; and\n\n(iii) if studies and geological work on the mineral resource and its viability for mining are proposed, details of the proposed studies and geological work; and\n\n(iv) the proposed schedule for the commencement of mining, including any activities that must be undertaken before mining can commence, such as the obtaining of any necessary permit, approval or authorisation, construction or commissioning for mining;\n\n(e) the estimated annual expenditure, for the first 5 years of the licence, to undertake the proposed program of work and rehabilitation;\n\n(f) evidence of the applicant's financial capability to fund the estimated expenditure;\n\n(g) the name, address, contact phone number, email address and qualifications of each technical advisor who will assist in the proposed program of work;\n\n(h) for each technical advisor (if any) who is not an employee of the applicant, evidence that the technical advisor has consented to assist in the proposed program of work;\n\n(i) details of the applicant's experience in exploration and mining activities and associated rehabilitation;\n\n(j) if the application is required to include a mineralisation report under section 15(1BE) of the Act—\n\n(i) the name, address, contact phone number and email address of the person who prepared the report; and\n\n(ii) how the person meets requirements to be a competent person under regulation 12;\n\n(k) if the application includes land covered by an exploration licence, prospecting licence or retention licence and the applicant is not the holder of that licence, the written consent of the holder of the exploration licence, prospecting licence or retention licence to the granting of the mining licence.\n\n1 The application must also include a survey of the boundaries of the land proposed to be covered by the licence—see section 15(1BH) of the Act.\n\n2 Further information requirements for mining licence applications are in section 15(1BB) and (1BE) of the Act.\n\n(2) An application for a mining licence under section 26AD(1) of the Act must contain the additional information set out in subregulation (1)(a) to (j).\n\n(3) An application for a mining licence under section 26AJ(1) of the Act must contain the additional information set out in subregulation (1)(a) to (i).\n\n","sortOrder":15},{"sectionNumber":"16","sectionType":"section","heading":"Additional information requirements—prospecting licence applications","content":"\t16 Additional information requirements—prospecting licence applications\n\nAn application for a prospecting licence under section 15(1) of the Act must contain the following additional information—\n\n(b) a map of 1:25 000 scale that indicates the land applied for and shows—\n\n(i) the boundaries of private and Crown land; and\n\n(ii) the extent of land used as agricultural land;\n\n(c) the names and addresses of all owners and occupiers of any private land covered by the application;\n\n(d) details of the proposed program of work for each year of the licence including—\n\n(i) a map of the location of the proposed works in relation to the boundaries of the land included in the application; and\n\n(ii) a brief description of the proposed type of works;\n\n(e) the estimated expenditure to undertake the proposed program of work and rehabilitation, including—\n\n(i) the estimated annual expenditure for the first 2 years of the licence; and\n\n(ii) the estimated total expenditure for the term of the licence;\n\n(f) evidence of the applicant's financial capability to fund the estimated expenditure;\n\n(g) details of the applicant's experience in exploration and mining activities and associated rehabilitation;\n\n(h) if the applicant is requested to include a survey of the boundaries of land proposed to be covered by the licence under regulation 24(2), the survey undertaken in the manner required by regulation 24(3);\n\n(i) if the application includes land covered by an exploration licence, other than an exploration licence that was first registered more than 2 years before the application is to be lodged, and the applicant is not the holder of that licence, the written consent of the holder of the exploration licence to the granting of the prospecting licence;\n\n(j) if the application includes land that is the subject of an application for an exploration licence and the applicant is not the applicant for the exploration licence, the written consent of the applicant for the exploration licence to the granting of the prospecting licence;\n\n(k) if the application includes land covered by a retention licence and the applicant is not the holder of that licence, the written consent of the holder of the retention licence to the granting of the prospecting licence;\n\n(l) if the application includes land that is the subject of an application for a retention licence and the applicant is not the applicant for the retention licence, the written consent of the applicant for the retention licence to the granting of the prospecting licence.\n\n","sortOrder":16},{"sectionNumber":"17","sectionType":"section","heading":"Additional information requirements—retention licence applications","content":"\t17 Additional information requirements—retention licence applications\n\n(1) An application for a retention licence under section 15(1) of the Act must contain the following additional information—\n\n(b) information to demonstrate that the area of land applied for may be required for the purpose of mining a mineral resource in the future;\n\nReg. 17(1)(c) substituted by S.R. No. 97/2022 reg. 6.\n\n(c) a map of 1:25 000 scale that indicates the land applied for and shows the boundaries of private and Crown land;\n\n(d) the names and addresses of all owners and occupiers of any private land covered by the application;\n\n(e) unless the Minister considers it unnecessary or inappropriate under section 15(6A) of the Act, details of the proposed program of work for each year of the licence, including—\n\n(i) the nature of the work to be undertaken on intensive exploration; and\n\n(ii) technical and economic studies related to the development of the mineral resource in accordance with the principles of sustainable development; and\n\n(iii) technical and economic studies related to demonstrating the economic viability of the mineral resource; and\n\n(iv) a proposed timing schedule for the program of work including key milestones and proposed expenditure against each milestone; and\n\n(v) evidence demonstrating that the scale of proposed mining is commensurate with the efficient development of the mineral resource with consideration to its size;\n\n(f) if a program of work is proposed—\n\n(i) the estimated annual expenditure, for the first 2 years of the licence, to undertake the proposed program of work and rehabilitation; and\n\n(ii) the estimated total expenditure, for the term of the licence, to undertake the proposed program of work and rehabilitation; and\n\n(iii) evidence demonstrating that the estimated expenditure is appropriate for the proposed program of work; and\n\n(iv) evidence of the applicant's financial capability to fund the estimated expenditure; and\n\n(v) the name, address, contact phone number, email address and qualifications of each technical advisor that will assist in the proposed program of work; and\n\n(vi) for each technical advisor (if any) that is not an employee of the applicant, evidence that the technical advisor has consented to assist in the proposed program of work;\n\n(g) details of the applicant's experience, or availability of experience to the applicant, in—\n\n(i) exploration and mining activities and associated rehabilitation; and\n\n(ii) project evaluation and development activities;\n\n(h) a preferred annual reporting date for the purposes of regulation 53, being one of 30 June, 30 September, 31 December or 31 March;\n\n(i) if the application is required to include a mineralisation report under section 15(1BE) of the Act—\n\n(i) the name, address, contact phone number and email address of the person who prepared the report; and\n\n(ii) how the person meets requirements to be a competent person under regulation 12;\n\n(j) if the application includes land covered by an exploration licence and the applicant is not the holder of that licence, the written consent of the holder of the exploration licence to the granting of the retention licence;\n\n(k) if the application includes land that is the subject of an application for an exploration licence and the applicant is not the applicant for the exploration licence, the written consent of the applicant for the exploration licence to the granting of the retention licence;\n\n(l) if the application includes land covered by a prospecting licence and the applicant is not the holder of that licence, the written consent of the holder of the prospecting licence to the granting of the retention licence;\n\n(m) if the application includes land that is the subject of an application for a prospecting licence and the applicant is not the applicant for the prospecting licence, the written consent of the applicant for the prospecting licence to the granting of the retention licence.\n\n1 The application must also include a survey of the boundaries of the land proposed to be covered by the licence—see section 15(1BH) of the Act.\n\n2 Further information requirements for retention licence applications are in section 15(1BB) and (1BE) of the Act.\n\n(2) An application for a retention licence under section 26AD(1) of the Act must contain the additional information set out in subregulation (1)(a) to (i).\n\n(3) An application for a retention licence under section 26AJ(1) of the Act must contain the additional information set out in subregulation (1)(a) to (h).\n\n","sortOrder":17},{"sectionNumber":"18","sectionType":"section","heading":"Form of licence applications","content":"\t18 Form of licence applications\n\nAn application for a licence must be submitted in the form and in accordance with the procedure approved by the Department Head.\n\n","sortOrder":18},{"sectionNumber":"19","sectionType":"section","heading":"Fees for licence applications","content":"\t19 Fees for licence applications\n\n(1) An application for an exploration licence must be accompanied by a fee of 145·8 fee units.\n\n(2) An application for a mining licence must be accompanied by a fee of 262·3 fee units.\n\n(3) An application for a prospecting licence must be accompanied by a fee of 50 fee units.\n\n(4) An application for a retention licence must be accompanied by a fee of 145·8 fee units.\n\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Additional fee for mineralisation report","content":"\t20 Additional fee for mineralisation report\n\nIf an application for a mining licence or retention licence requires a mineralisation report, the application must be accompanied by an additional fee of 66 fee units.\n\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Additional fee for native title assessment","content":"\t21 Additional fee for native title assessment\n\n(1) An application for an exploration licence, a mining licence, a prospecting licence or a retention licence that includes Crown land must be accompanied by an additional fee of 73·5 fee units for an assessment of whether or not the provisions of the Native Title Act 1993 of the Commonwealth apply.\n\n(2) Subregulation (1) does not apply if—\n\n(a) a land use activity agreement under the **Traditional Owner Settlement Act 2010** applies in relation to all of the Crown land covered by the application; or\n\n(b) before the assessment of whether or not the provisions of the Native Title Act 1993 of the Commonwealth apply is undertaken, the applicant chooses to excise all Crown land from the area that is the subject of the licence application.\n\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Advertising a licence application","content":"\t22 Advertising a licence application\n\n(1) For the purposes of sections 15(5), 26AD(4)(a) and 26AK(3)(a) of the Act, an application for a licence must be advertised—\n\n(a) by publishing—\n\n(i) a notice containing the information set out in Part 1 of Schedule 1, in a newspaper circulating in each locality where all or part of the area that is the subject of the licence application is located; and\n\n(ii) if the application is for an exploration licence, mining licence or retention licence—\n\n(A) a notice containing the information set out in Part 1 of Schedule 1, other than the map described in item 6 of that Part, in a Wednesday edition of a newspaper circulating generally in Victoria; and\n\n(B) the information set out in Part 2 of Schedule 1, on an Internet site maintained by the applicant for at least 21 days after the latest date on which the application was advertised; or\n\n(b) by a method approved by the Department Head under subregulation (2).\n\n(2) The Department Head may approve a method for advertising a licence application by setting out the method in guidelines published in the Government Gazette.\n\n(3) An applicant must lodge with the Department Head within 7 days after the licence application is advertised, a copy of—\n\n(a) each notice of the application published in a newspaper under subregulation (1)(a), extracted from the newspaper and showing the date of publication; or\n\n(b) the material that was advertised under subregulation (1)(b).\n\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Notice of mining licence or prospecting licence application to be given to owner and occupier of land affected","content":"\t23 Notice of mining licence or prospecting licence application to be given to owner and occupier of land affected\n\n(1) For the purposes of section 15(5) of the Act, notice of a mining licence application or prospecting licence application must be given to the owner and occupier of the land affected by serving on the owner and occupier a copy of—\n\n(a) a notice of the application published in a newspaper under regulation 22(1)(a)(i), extracted from the newspaper and showing the date of publication; or\n\n(b) the material advertising the application that was advertised under regulation 22(1)(b).\n\n(2) For the purposes of sections 26AD(4)(b) and 26AK(3)(b) of the Act, notice of an application for a mining licence for the exploration or mining of coal on exempted land must be given to the owner and occupier of the land affected by serving on the owner and occupier a copy of—\n\n(a) a notice of the application published in a newspaper under regulation 22(1)(a)(i), extracted from the newspaper and showing the date of publication; or\n\n(b) the material advertising the application that was advertised under regulation 22(1)(b).\n\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Surveys","content":"\t24 Surveys\n\n(1) An application for a prospecting licence is not required to include a survey of the boundaries of the land proposed to be covered by the licence, unless the Department Head has requested the applicant to include the survey under subregulation (2).\n\n(2) The Department Head may request a person who intends to apply for a prospecting licence to include in the application a survey of the boundaries of the land proposed to be covered by the licence, if the Department Head is satisfied that a survey is required––\n\n(a) to ensure that the location of the application area is specified accurately; or\n\n(b) to avoid the possibility of a boundary dispute with a nearby licence.\n\n1 If a survey is requested under this regulation, it must be included in the prospecting licence application—see regulation 16(h).\n\n2 All mining licence applications and retention licence applications must include a survey of the land proposed to be covered by the licence—see section 15(1BH) of the Act.\n\n(3) For the purposes of section 26AR(1) of the Act, a person who is required to survey the boundaries of land which is proposed to be covered by a licence must comply with the surveying requirements and standards stipulated in the Surveying (Cadastral Surveys) Regulations 2015[[1]](#endnote-2).\n\n","sortOrder":24},{"sectionNumber":"Div 2","sectionType":"division","heading":"Tenders","content":"Division 2—Tenders\n\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Information requirements for tenders","content":"\t25 Information requirements for tenders\n\nFor the purposes of section 27(2) of the Act, the information required to be contained in a tender is—\n\n(a) in the case of a tender for an exploration licence, the information set out in regulations 13 and 14; and\n\n(b) in the case of a tender for a mining licence, the information set out in regulations 13 and 15; and\n\n(c) in the case of a tender for a retention licence, the information set out in regulations 13 and 17.\n\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Advertising and notice of accepted tenders","content":"\t26 Advertising and notice of accepted tenders\n\n(1) For the purposes of section 27B(1)(a) of the Act, the acceptance of a tender must be advertised—\n\n(a) by publishing—\n\n(i) a notice containing the information set out in Part 1 of Schedule 2 in a newspaper circulating in each locality where all or part of the area that is the subject of the tender is located; and\n\n(ii) a notice containing the information set out in Part 1 of Schedule 2, other than the map described in item 6 of that Part, in a daily newspaper circulating generally in Victoria; and\n\n(iii) the information set out in Part 2 of Schedule 2 on an Internet site maintained by the successful tenderer for at least 21 days after the latest date on which acceptance of the tender was advertised; or\n\n(b) by a method approved by the Department Head under subregulation (3).\n\n(2) For the purposes of section 27B(1)(b) of the Act, the successful tenderer for a mining licence must give notice by serving on the owner or occupier of the land to be affected by the licence, a copy of—\n\n(a) a notice of acceptance of the tender published in a newspaper under subregulation (1)(a)(i), extracted from the newspaper and showing the date of publication; or\n\n(b) the material advertising acceptance of the tender that was advertised under subregulation (1)(b).\n\n(3) The Department Head may approve a method for advertising acceptance of a tender for a licence by setting out the method in guidelines published in the Government Gazette.\n\n(4) A successful tenderer must lodge with the Department Head as soon as practicable after the acceptance of the tender is advertised, a copy of—\n\n(a) each notice of acceptance of the tender published in a newspaper under subregulation (1)(a), extracted from the newspaper and showing the date of publication; or\n\n(b) the material that was advertised under subregulation (1)(b).\n\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Fee for grant of a licence (accepted tender)","content":"\t27 Fee for grant of a licence (accepted tender)\n\n(1) The fee for grant of a licence following the acceptance of a tender is—\n\n(a) for the grant of an exploration licence, a fee of 145·8 fee units; or\n\n(b) for the grant of a mining licence, a fee of 262·3 fee units; or\n\n(c) for the grant of a retention licence, a fee of 145·8 fee units.\n\n(2) The fee set out in subregulation (1) must be paid to the Department by the successful tenderer before the licence is granted.\n\n","sortOrder":28},{"sectionNumber":"Div 3","sectionType":"division","heading":"Grant of licence","content":"Division 3—Grant of licence\n\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"Form of licence","content":"\t28 Form of licence\n\n(1) An exploration licence must be in the form set out in Schedule 3.\n\n(2) A mining licence must be in the form set out in Schedule 4.\n\n(3) A prospecting licence must be in the form set out in Schedule 5.\n\n(4) A retention licence must be in the form set out in Schedule 6.\n\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Rent on a licence","content":"\t29 Rent on a licence\n\n(1) For the purposes of section 26(4) of the Act, the prescribed time is—\n\nReg. 29(1)(a) substituted by S.R. No. 56/2020 reg. 4.\n\n(a) subject to paragraph (ab), within 28 days after 30 June of each year; or\n\nReg. 29(1)(ab) inserted by S.R. No. 56/2020 reg. 4.\n\n(ab) in relation to 30 June 2020, by 28 January 2021; or\n\n(b) if the Minister has extended the period under subregulation (4) for a year, within the extended period.\n\n(2) For the purposes of section 26(4) of the Act, the prescribed rate of rent for a licence held at 30 June in a year is—\n\n(a) for an exploration licence—6·9 fee units per 10 graticules or part thereof of the land covered by the licence as at 30 June of that year;\n\n(b) for a mining licence—14·3 fee units per 10 hectares or part thereof of the land covered by the licence as at 30 June of that year;\n\n(c) for a prospecting licence—7·1 fee units;\n\n(d) for a retention licence—2·4 fee units per 10 hectares or part thereof of the land covered by the licence as at 30 June of that year.\n\n(3) The holder of a licence is not required to pay rent in relation to any land covered by the licence once a notice of surrender is submitted to the Minister in relation to the land.\n\n(4) The Minister may extend the period for payment of rent if there are special circumstances preventing the payment of rent by the time prescribed under subregulation (1)(a).\n\n","sortOrder":31},{"sectionNumber":"Div 4","sectionType":"division","heading":"Licence renewal","content":"Division 4—Licence renewal\n\n","sortOrder":32},{"sectionNumber":"30","sectionType":"section","heading":"Information requirements for renewal of exploration licences","content":"\t30 Information requirements for renewal of exploration licences\n\nAn application for renewal of an exploration licence under section 29(1) of the Act must contain—\n\n(c) details of the proposed program of work under the licence, including matters set out in regulation 14(c); and\n\n(d) the estimated expenditure, for the requested term of renewal, to undertake the proposed program of work and rehabilitation; and\n\n(e) reasons for renewal of the licence, including—\n\n(i) any evidence demonstrating that additional time is necessary to assess the economic viability of those minerals; and\n\n(ii) any evidence demonstrating that mining of the mineral resources covered by the licence is not yet economically viable but may become so in the future; and\n\n(iii) if the application is for the second renewal of the licence, all matters that the applicant considers are exceptional circumstances to warrant a second renewal.\n\n","sortOrder":33},{"sectionNumber":"31","sectionType":"section","heading":"Information requirements for renewal of mining licences","content":"\t31 Information requirements for renewal of mining licences\n\nAn application for renewal of a mining licence under section 29(1) of the Act must contain—\n\n(c) reasons for renewal of the licence; and\n\n(d) details of the proposed program of work under the licence, including whether a variation to the work plan will be sought; and\n\n(e) the estimated expenditure, for the next 5 years of the licence, to undertake the proposed program of work and rehabilitation.\n\n","sortOrder":34},{"sectionNumber":"32","sectionType":"section","heading":"Information requirements for renewal of retention licences","content":"\t32 Information requirements for renewal of retention licences\n\nAn application for renewal of a retention licence under section 29(1) of the Act must contain—\n\n(c) the area of land applied for in hectares; and\n\n(d) details of any proposed program of work under the licence, including matters set out in regulation 17(1)(e); and\n\n(e) if a program of work is proposed—\n\n(i) evidence demonstrating that the proposed program of work is suitable to establish the economic viability of the mineral resource; and\n\n(ii) the estimated expenditure, for each year of the requested term of renewal, to undertake the proposed program of work and rehabilitation; and\n\n(iii) evidence demonstrating that the estimated expenditure is appropriate for the proposed program of work; and\n\n(f) reasons for renewal of the licence, including—\n\n(i) any evidence demonstrating that mining of the mineral resources covered by the licence is not yet economically viable but may become so in the future; and\n\n(ii) any evidence demonstrating that the area of land applied for is land which may be required for the purpose of mining a mineral resource in the future; and\n\n(iii) if the application is for the second renewal of the licence, all matters that the applicant considers are exceptional circumstances to warrant that second renewal.\n\n","sortOrder":35},{"sectionNumber":"33","sectionType":"section","heading":"Form of application for renewal of a licence","content":"\t33 Form of application for renewal of a licence\n\nAn application for renewal of a licence under section 29(1) of the Act must be submitted in the form and in accordance with the procedure approved by the Department Head.\n\n","sortOrder":36},{"sectionNumber":"34","sectionType":"section","heading":"Fee for application for renewal of a licence","content":"\t34 Fee for application for renewal of a licence\n\n(1) An application for renewal of an exploration licence under section 29(1) of the Act must be accompanied by a fee of 76·3 fee units.\n\n(2) An application for renewal of a mining licence under section 29(1) of the Act must be accompanied by a fee of 76·7 fee units.\n\n(3) An application for renewal of a retention licence under section 29(1) of the Act must be accompanied by a fee of 76·3 fee units.\n\n","sortOrder":37},{"sectionNumber":"35","sectionType":"section","heading":"Notice of application for the renewal of a mining licence","content":"\t35 Notice of application for the renewal of a mining licence\n\nThe applicant for the renewal of a mining licence must, within 14 days after lodging an application under section 29(1) of the Act, give notice of the application containing the information set out in Schedule 7 to the owner and occupier of the land affected.\n\n","sortOrder":38},{"sectionNumber":"Div 5","sectionType":"division","heading":"Changes to licences","content":"Division 5—Changes to licences\n\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Fee for transfer of licence","content":"\t36 Fee for transfer of licence\n\nAn application for the transfer of a licence under section 33, 33A or 33B of the Act must be accompanied by a fee of 14·3 fee units.\n\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Fee for variation of licence","content":"\t37 Fee for variation of licence\n\nAn application for the variation of a licence under section 34(2)(a) of the Act must be accompanied by a fee of 27·3 fee units.\n\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Prescribed circumstances for variation of licence","content":"\t38 Prescribed circumstances for variation of licence\n\nFor the purposes of section 34(2)(d) of the Act, the prescribed circumstances are that it is necessary to provide another licensee with access for conveying minerals or materials across the land covered by the licence.\n\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Fee for amalgamation of licence","content":"\t39 Fee for amalgamation of licence\n\nA request made by a licensee for the amalgamation of licences under section 36 of the Act must be accompanied by a fee of 23·2 fee units.\n\n","sortOrder":43},{"sectionNumber":"Div 6","sectionType":"division","heading":"Work plans","content":"Division 6—Work plans\n\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Information required in work plans","content":"\t40 Information required in work plans\n\nFor the purposes of section 40(3)(g) of the Act, a work plan must contain the following other matters—\n\n(a) if exploration work is to be carried out under the licence, the information specified in regulation 41;\n\n(b) if mining work is to be carried out under the licence—\n\n(i) the information specified in regulation 42; and\n\n(ii) the applicable information specified in regulation 43, as part of the rehabilitation plan included in the work plan under section 40(3)(e) of the Act; and\n\n(iii) if the mining work includes the mining of coal, a fire risk management plan that meets requirements set out in Schedule 8;\n\n(c) in all cases, the information specified in regulations 44, 45 and 46.\n\nIn the case of a work plan that includes work to be carried out at a declared mine, information set out in Schedule 12 must also be included in the work plan in accordance with section 40(3)(f) of the Act and regulation 63.\n\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Information required in work plans—exploration work and related rehabilitation","content":"\t41 Information required in work plans—exploration work and related rehabilitation\n\nFor the purposes of regulation 40(a), the specified information is—\n\n(a) a description of the exploration work to be carried out under the licence which includes—\n\n(i) a map showing the general location of drilling or other exploration works; and\n\n(ii) a description of sensitive receptors in relation to the environment, any member of the public, or land, property or infrastructure in the vicinity of the work; and\n\n(iii) the location of the sensitive receptors; and\n\n(b) details of the proposed rehabilitation of areas disturbed as a result of exploration work under the licence, including—\n\n(i) proposals for revegetation; and\n\n(ii) if plant and equipment has been introduced to the area, proposals for the removal of plant and equipment.\n\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Information required in work plans—mining work","content":"\t42 Information required in work plans—mining work\n\nFor the purposes of regulation 40(b)(i), the specified information is a description of the mining work to be carried out under the licence which includes—\n\n(a) a description of sensitive receptors in relation to the environment, any member of the public, or land, property or infrastructure in the vicinity of the work; and\n\n(b) a location map of the work plan area and areas within 2 km of the work plan area, drawn at an appropriate scale, that shows—\n\n(i) the location of sensitive receptors identified; and\n\n(ii) the extent and status of Crown lands and extent of private lands; and\n\n(iii) residential, commercial and industrial development; and\n\n(iv) public facilities and infrastructure; and\n\n(v) rivers and streams; and\n\n(c) a general description of geological information pertaining to the work, including—\n\n(i) stratigraphy; and\n\n(ii) any adverse geological structures; and\n\n(iii) the minerals to be extracted; and\n\n(iv) the estimated mineral resources and ore reserves; and\n\n(d) a general description of the mine operations including—\n\n(i) the method and scale of extraction; and\n\n(ii) ore processing methods and facilities; and\n\n(iii) waste disposal methods and facilities; and\n\n(iv) stockpiling facilities; and\n\n(v) other mine infrastructure; and\n\n(e) a site map, drawn at an appropriate scale, that shows—\n\n(i) the general layout of the mine, associated facilities and infrastructure; and\n\n(ii) cross-sections and, in the case of an underground mine, long sections of the proposed extraction area; and\n\n(f) in the case of an underground mine, a schematic and description of the workings of underground operations.\n\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Information required in work plans—rehabilitation plans","content":"\t43 Information required in work plans—rehabilitation plans\n\n(1) Subregulation (2) applies to a work plan lodged on or after 1 July 2020.\n\n(2) For the purposes of regulation 40(b)(ii), the specified information is details of the proposed rehabilitation of land disturbed by mining work under the licence including—\n\n(a) proposed land uses for the affected land after it has been rehabilitated, that considers community views expressed during consultation; and\n\n(b) a land form that will be achieved to complete rehabilitation, which must—\n\n(i) be safe, stable and sustainable; and\n\n(ii) be capable of supporting the proposed land uses referred to in paragraph (a); and\n\n(c) objectives that set out distinct rehabilitation domains that collectively amount to the land form described in paragraph (b);\n\n(d) criteria for measuring whether the objectives described in paragraph (c) have been met; and\n\n(e) a description of, and schedule for, rehabilitation milestones; and\n\n(f) an identification and assessment of relevant risks that the rehabilitated land may pose to the environment, to any member of the public or to land, property or infrastructure in the vicinity of the rehabilitated land, including—\n\n(i) the type, likelihood and consequence of the risks; and\n\n(ii) the activities required to manage the risks; and\n\n(iii) the projected costs to manage the risks; and\n\n(iv) any other matter that may be relevant to risks arising from the rehabilitated land.\n\n(3) Subregulation (4) applies to a work plan lodged on or after 1 July 2019 but before 1 July 2020.\n\n(4) For the purposes of regulation 40(b)(ii), the specified information is—\n\n(a) concepts for the end utilisation of the mine site; and\n\n(b) proposals for the progressive rehabilitation, stabilisation and revegetation of extraction areas, waste disposal areas, stockpile areas, dams and other land affected by the mining work; and\n\n(c) proposals for landscaping to minimise the visual impact of the mine site; and\n\n(d) proposals for the final rehabilitation and closure of the mine site, including the security of the site and the removal of plant and equipment, taking into account any potential long-term degradation of the environment.\n\nReg. 43(4A) inserted by S.R. No. 97/2022 reg. 7.\n\n(4A) Subregulations (2) and (4) do not apply to a declared mine rehabilitation plan.\n\n(5) In this regulation—\n\n***relevant risks*** means risks that may require monitoring, maintenance, treatment or other ongoing land management activities after rehabilitation is complete.\n\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Information required in work plans—identification of hazards and risks","content":"\t44 Information required in work plans—identification of hazards and risks\n\nFor the purposes of regulation 40(c), the specified information is the following information relating to the identification of risks required by section 40(3)(b) of the Act—\n\n(a) if exploration work is to be carried out under the licence, details of exploration hazards that may arise from the exploration work;\n\n(b) if mining work is to be carried out under the licence, details of mining hazards that may arise from the mining work, including mining hazards arising from—\n\n(i) set up or construction; and\n\n(ii) operations or production;\n\n(c) details of the rehabilitation hazards that may arise from rehabilitation under the licence;\n\n(d) an explanation of how the identified hazards may harm or damage the sensitive receptors described in the work plan, including evidence to support the assessment of the potential for harm or damage to be caused;\n\n(e) an assessment of the risks that the identified hazards may pose to identified sensitive receptors, having regard to—\n\n(i) the nature of the hazard; and\n\n(ii) the likelihood of the hazard causing, or contributing to, any harm or damage; and\n\n(iii) the severity or consequence of the harm or damage that may be caused.\n\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Information required in work plans—risk management plan","content":"\t45 Information required in work plans—risk management plan\n\nFor the purposes of regulation 40(c), the specified information is a risk management plan that sets out the following information relating to the requirement in section 40(3)(c) of the Act to specify what the licensee will do to eliminate or minimise the identified risks as far as reasonably practicable—\n\n(a) measures to be applied to eliminate or minimise the risks as far as reasonably practicable;\n\n(b) the performance standards to be achieved by either individual measures or some combination of measures;\n\n(c) management systems, practices and procedures that are to be applied to monitor and manage risks and compliance with performance standards;\n\n(d) an outline of the roles and responsibilities of personnel accountable for the implementation, management and review of the risk management plan.\n\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Information required in work plans—community consultation","content":"\t46 Information required in work plans—community consultation\n\nFor the purposes of regulation 40(c), the specified information is how the licensee will comply with their duty to consult with the community under section 39A of the Act throughout the period of the licence, in the form of a plan that—\n\n(a) identifies the community likely to be affected by the work under the licence; and\n\n(b) sets out how the licensee will share information with the community; and\n\n(c) sets out how the licensee will receive feedback from the community; and\n\n(d) sets out how the licensee will manage complaints and other communications from members of the community; and\n\n(e) in the case of a work plan for a mining licence that covers an area of more than 5 hectares, sets out how the licensee will—\n\n(i) identify community attitudes and expectations; and\n\n(ii) analyse community feedback, taking into account community concerns or expectations; and\n\n(iii) register, document and respond to complaints and other communications from members of the community in relation to the mine operations.\n\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Fees for work plans","content":"\t47 Fees for work plans\n\nA work plan for a mining licence or prospecting licence that includes mining work must be accompanied by the relevant fee specified in Schedule 9.\n\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Information required in application for variation of work plan","content":"\t48 Information required in application for variation of work plan\n\n(1) For the purposes of section 41(2) of the Act, the prescribed information is the following—\n\n(a) if changes to the work or rehabilitation set out in the work plan are proposed, a description of any new or changed exploration hazard, mining hazard or rehabilitation hazard arising from the proposed changes that significantly increases the risks posed to—\n\n(i) the environment; or\n\n(ii) any member of the public; or\n\n(iii) land, property or infrastructure in the vicinity of the work or rehabilitation relating to the new or changed hazard;\n\n(b) if any new or changed hazard is described under paragraph (a), the information specified in regulations 44 and 45 that relate to the new or changed hazard, including the resulting proposed changes to the work plan;\n\n(c) if the proposed variation includes new or changed rehabilitation of areas disturbed by exploration work, the information specified in regulation 41(b) that relates to the new or changed rehabilitation, including the resulting proposed changes to the work plan;\n\n(d) if the application for the proposed variation is lodged on or after 1 July 2020 and includes new or changed rehabilitation of land disturbed by mining, the information specified in regulation 43(2) that relates to the new or changed rehabilitation, including the resulting proposed changes to the rehabilitation plan in the work plan;\n\n(e) if the application for the proposed variation is lodged on or after 1 July 2019 but before 1 July 2020 and includes new or changed rehabilitation of land disturbed by mining, the information specified in regulation 43(4) that relates to the new or changed rehabilitation, including the resulting proposed changes to the rehabilitation plan in the work plan;\n\n(f) if the application for the proposed variation is lodged on or after 1 July 2020 and the variation is in respect of a work plan that includes a pre-July 2020 rehabilitation plan, the information specified in regulation 43(2) (other than information already included in the application under paragraph (d)), including the resulting proposed changes to the rehabilitation plan in the work plan;\n\n(g) if the proposed variation includes or gives rise to any changes relating to community consultation, the proposed changes to the work plan in relation to the information specified in regulation 46;\n\n(h) if the proposed variation includes any new or changed work to be carried out at a declared mine, the information that relates to, and is applicable to, the proposed changes to the work plan in relation to the requirements and processes set out in Schedule 12;\n\n(i) if the proposed variation includes any new or changed mining work that is the mining of coal, the information that relates to, and is applicable to, the proposed changes to the work plan in relation to the information specified in regulation 40(b)(iii);\n\n(j) a description of how the proposed variation to the work plan relates to the current approved work plan.\n\n(2) In this regulation—\n\n***pre-July 2020 rehabilitation plan*** means a rehabilitation plan included in a work plan lodged before 1 July 2020 that does not include the information prescribed in regulation 43(2).\n\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Fees for work plan variations","content":"\t49 Fees for work plan variations\n\nAn application for approval of a variation to a work plan under section 41(2) of the Act that relates to a mining licence or prospecting licence that includes mining work must be accompanied by the relevant fee specified in Schedule 9.\n\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Fee for submitting an impact statement","content":"\t50 Fee for submitting an impact statement\n\nAn impact statement submitted to the Minister under section 41A(1) of the Act must be accompanied by a fee of 159·8 fee units.\n\n","sortOrder":55},{"sectionNumber":"Div 7","sectionType":"division","heading":"Reporting","content":"Division 7—Reporting\n\n","sortOrder":56},{"sectionNumber":"51","sectionType":"section","heading":"Reportable events","content":"\t51 Reportable events\n\n(1) For the purpose of section 41AC(1) of the Act—\n\n(a) a report of a reportable event must be made either orally or in writing and must include—\n\n(i) the date, time and place of the event; and\n\n(ii) a description of the event; and\n\n(iii) the steps taken to minimise the impact of the event; and\n\n(b) if the Chief Inspector so requests, a written report of a reportable event must be given to the Chief Inspector as soon as practicable after the request and must include all of the following—\n\n(i) the date, time and place of the event;\n\n(ii) the details of the event, including the impact, or likely impact, of the event on public safety, the environment or infrastructure;\n\n(iii) any known or suspected causes of the event;\n\n(iv) details of the actions taken to minimise the impact of the event;\n\n(v) details of actions taken or to be taken to prevent a recurrence of the event.\n\n(2) For the purpose of section 41AC(2) of the Act, the following events arising out of exploration or mining under a licence are prescribed as reportable events—\n\n(a) an explosion or outbreak of fire;\n\n(b) slope failure, unexpected slope movement, progressive slope collapse or failure of slope stability control measures;\n\n(c) an injury to a member of the public caused by the carrying out of mining or associated operations;\n\n(d) an uncontrolled outburst of gas;\n\n(e) an unexpected or abnormal inrush of groundwater, other water or other fluid;\n\n(f) blasting that results in an ejection of fly rock outside the work plan area of the approved work plan for the licence;\n\n(g) an escape, spillage or leakage of a harmful or potentially harmful—\n\n(i) substance; or\n\n(ii) slurry; or\n\n(iii) tailings;\n\n(h) a breach of a licence condition, or non‑compliance with the approved work plan for the licence or the work plan conditions, that results or is likely to result in a risk to—\n\n(i) the environment; or\n\n(ii) any member of the public; or\n\n(iii) property, land, or infrastructure in the vicinity of the work under the licence;\n\n(i) an abnormal event;\n\n(j) an event that results, or may result, in significant impacts on public safety, the environment or infrastructure.\n\n(3) A licensee who reports a reportable event must comply with the requirements of subregulation (1)(a).\n\n(4) A licensee must comply with a request of the Chief Inspector under subregulation (1)(b).\n\n","sortOrder":57},{"sectionNumber":"52","sectionType":"section","heading":"Recording of activities undertaken under a licence","content":"\t52 Recording of activities undertaken under a licence\n\nFor the purpose of verifying information furnished to the Minister under section 116(1) of the Act, the holder of a licence must keep a record of the exploration and mining activities undertaken under the licence.\n\n","sortOrder":58},{"sectionNumber":"53","sectionType":"section","heading":"Annual reporting requirements","content":"\t53 Annual reporting requirements\n\n(1) This regulation applies to reporting dates in the year commencing 1 July 2019 and subsequent years.\n\n(2) For the purposes of section 116(1) of the Act, the prescribed form is the form approved by the Department Head.\n\n(3) For the purposes of section 116(1) of the Act, the prescribed times are—\n\n(a) if the licence is in force—\n\n(i) within 28 days after the reporting date for each year; or\n\n(ii) if the Minister has extended the period under subregulation (5) for a year, within the extended period; or\n\n(b) if the licence is not in force, within 28 days after the licence ceases to be in force.\n\n(4) For the purposes of section 116(1) of the Act, the prescribed information is—\n\n(a) an annual return of expenditure and activities for the licence containing the information specified in regulation 54; and\n\n(b) if the licence is a relevant licence, an annual technical report that—\n\n(i) complies with requirements specified in regulation 57; and\n\nReg. 53(4)(b)(ii) amended by S.R. No. 97/2022 reg. 8(a).\n\n(ii) contains information specified in regulation 57; and\n\nReg. 53(4)(c) inserted by S.R. No. 97/2022 reg. 8(b).\n\n(c) if the licence relates to a declared mine, an annual report that—\n\n(i) complies with requirements specified in regulation 57A; and\n\n(ii) contains information specified in regulation 57A.\n\n(5) The Minister may extend the period by which information must be furnished for a year if the licensee or former licensee requests the extension within 28 days of the reporting date.\n\n(6) In this regulation—\n\n***relevant licence*** means—\n\n(a) an exploration licence; or\n\n(b) a mining licence, other than a mining licence granted before 1 February 2012 that covers an area of 5 hectares or less; or\n\n(c) a retention licence;\n\n***reporting date*** means—\n\n(a) for mining licences and prospecting licences—30 June; or\n\n(b) for exploration licences and retention licences—the date specified in the licence as the reporting date.\n\n","sortOrder":59},{"sectionNumber":"54","sectionType":"section","heading":"Information requirements for the annual return of expenditure and activities","content":"\t54 Information requirements for the annual return of expenditure and activities\n\nFor the purposes of regulation 53(4)(a), the specified information is—\n\n(a) the number of the licence to which the return relates; and\n\n(b) the reporting period to which the return applies; and\n\n(c) the name and role of the person completing the return; and\n\n(d) the information set out—\n\n(i) in the case of a return relating to an exploration licence—in regulation 55(1); or\n\n(ii) in the case of a return relating to a retention licence—in regulation 55(1) and (2); or\n\n(iii) in the case of a return relating to a mining licence that covers an area of more than 5 hectares—in regulation 56(1), (3) and (4); or\n\n(iv) in the case of a return relating to a prospecting licence or mining licence covering an area of 5 hectares or less—in regulation 56(2), (3) and (4).\n\n\t55 Additional information requirements for the annual return of expenditure and activities—exploration licences and retention licences\n\n(1) For the purposes of regulation 54(d)(i) and (ii), the information is—\n\n(ii) office-based activities; and\n\n(iii) equipment, plant or machinery; and\n\n(iv) administration and consumables; and\n\n(v) rehabilitation; and\n\n(b) expenditure during the reporting period on, and details of the nature and extent of, airborne or remote reconnaissance activities including—\n\n(i) airborne exploration and surveys; and\n\n(ii) remote sensing; and\n\n(c) expenditure during the reporting period on, and details of the nature and extent of, ground exploration activities including—\n\n(i) geological mapping; and\n\n(ii) ground geophysics; and\n\n(iii) geochemical surveying and sample collection; and\n\n(iv) preparation, geochemistry, mineralogy and petrology of surface samples; and\n\n(d) expenditure during the reporting period on, and details of the nature and extent of, subsurface exploration activities including—\n\n(i) drilling; and\n\n(ii) well logging and other downhole geophysics; and\n\n(iii) preparation, geochemistry, mineralogy and petrology of drill samples; and\n\n(iv) costeaning or ditchwitching and related subsurface mapping and sampling; and\n\n(v) bulk sampling and related subsurface mapping and sampling; and\n\n(vi) shaft restoration or other underground development and related subsurface mapping and sampling; and\n\n(vii) preparation, geochemistry, mineralogy and petrology of subsurface samples; and\n\n(viii) subsurface geophysical surveys; and\n\n(ix) bulk sample processing, testing and analysis; and\n\n(x) mineral processing testing.\n\n(2) For the purposes of regulation 54(d)(ii), the information is—\n\n(a) expenditure on, and details of, any technical and economic studies undertaken under the licence during the reporting period related to—\n\n(i) the development of the mineral resource in accordance with the principles of sustainable development; and\n\n(ii) demonstrating the economic viability of the mineral resource; and\n\n(b) progress against key milestones achieved during the reporting period under the program of work to be carried out under the licence.\n\n\t56 Additional information requirements for the annual return of expenditure and activities—mining licences and prospecting licences\n\n(1) For the purposes of regulation 54(d)(iii), the information is—\n\n(ii) equipment, plant or machinery; and\n\n(iii) administration and consumables; and\n\n(iv) exploration work; and\n\n(v) mining work; and\n\n(vi) rehabilitation; and\n\n(b) a detailed plan of any underground mine as at the end of the reporting period; and\n\n(c) a description and quantities of ore and waste mined and treated during the reporting period; and\n\n(d) a description of any development or extensions during the reporting period to surface mine facilities and works; and\n\n(e) a description of any shaft or underground development during the reporting period including depth or distance developed; and\n\n(f) the most recent mineral resource and ore reserve estimate for the licence; and\n\n(g) the total area of land disturbed up to the end of the reporting period, and the proportion of that area in relation to each of the following—\n\n(i) pits;\n\n(ii) overburden and waste rock dumps;\n\n(iii) tailings storage facilities;\n\n(iv) infrastructure; and\n\n(h) the area of land disturbed during the reporting period.\n\n(2) For the purposes of regulation 54(d)(iv), the information is—\n\n(ii) office-based activities; and\n\n(iii) exploration work; and\n\n(iv) mining work; and\n\n(v) rehabilitation; and\n\n(b) a plan of any surface mine facilities and works as at the end of the reporting period; and\n\n(c) a plan of any underground mine as at the end of the reporting period; and\n\n(d) a description of ore and waste mined and treated during the reporting period; and\n\n(e) a description of any shaft or underground development during the reporting period, including depth or distance developed; and\n\n(f) the total area of land disturbed up to the end of the reporting period; and\n\n(g) the area disturbed during the reporting period.\n\n(3) For the purposes of regulation 54(d)(iii) and (iv), the information is details of the environmental management activities undertaken during the reporting period including—\n\n(a) the volume and composition of tailings produced; and\n\n(b) the volume and composition of other waste streams produced; and\n\n(c) a statement outlining whether the licensee has complied with environmental monitoring requirements under the work plan and conditions, including details of any non‑compliance that have not otherwise been reported in accordance with regulation 51 (reportable events).\n\n(4) For the purposes of regulation 54(d)(iii) and (iv), the information is information relating to rehabilitation including—\n\n(a) if the approved work plan for the licence includes the information specified in regulation 43(2)—\n\n(i) details of rehabilitation undertaken over the reporting period, including any area of progressively rehabilitated land that contributes to achieving the land form set out in the licensee's work plan under regulation 43(2)(b); and\n\n(ii) progress that has been made towards the achievement of rehabilitation milestones; and\n\n(iii) an estimate of the rehabilitation liability for the licence area at the end of the reporting period; and\n\n(iv) the net change in estimated rehabilitation liability from the previous reporting period; or\n\n(b) if the approved work plan for the licence does not include the information specified in regulation 43(2)—\n\n(i) the area of land rehabilitated over the reporting period; and\n\n(ii) the percentage of that area that is revegetated with local native vegetation; and\n\n(iii) an estimate of the rehabilitation liability for the licence area at the end of the reporting period; and\n\n(iv) in the case of a return relating to a mining licence that covers an area of more than 5 hectares, the proportion of the area referred to in subparagraph (i) in relation to each of the following—\n\n(A) pits;\n\n(B) overburden and waste rock dumps;\n\n(C) tailings storage facilities;\n\n(D) infrastructure.\n\n","sortOrder":60},{"sectionNumber":"57","sectionType":"section","heading":"Requirements for annual technical report on exploration activity","content":"\t57 Requirements for annual technical report on exploration activity\n\n(1) For the purposes of regulation 53(4)(b)—\n\n(a) the specified requirements are that an annual technical report must comply with any relevant—\n\n(i) guidelines issued by the Minister under section 120A of the Act; and\n\n(ii) guidance issued by the Department Head; and\n\n(b) the specified information is the following in relation to activities undertaken under the licence—\n\n(i) a complete record of all geological, geophysical, geochemical and other technical investigations with relevant maps showing locations of surveys;\n\n(ii) a complete record of all drillholes and excavations with logs and relevant maps showing locations;\n\n(iii) details of any material tested and assay results;\n\n(iv) a summary of any mineral resource or ore reserves;\n\n(v) any interpretations formed as a result of surveys or activities undertaken;\n\n(vi) details of how the maps and sections provided in the report are related to the Map Grid of Australia 2020 (MGA2020), within the meaning of the Survey Co-ordination Regulations 2014;\n\n(vii) data, text and maps submitted in an electronic form.\n\n(2) An annual technical report may encompass the activities occurring in relation to more than one licence if the licences are—\n\n(a) held by the same licensee; and\n\n(b) over adjoining areas; and\n\n(c) have the same reporting date.\n\nReg. 57A inserted by S.R. No. 97/2022 reg. 9.\n\n","sortOrder":61},{"sectionNumber":"57A","sectionType":"section","heading":"Requirements for annual reports for declared mine rehabilitation plans","content":"\t57A Requirements for annual reports for declared mine rehabilitation plans\n\nFor the purposes of regulation 53(4)(c)—\n\n(a) the specified requirements are that an annual report in relation to a declared mine rehabilitation plan must comply with any relevant guidelines issued by the Minister under section 120A of the Act; and\n\n(b) the specified information is—\n\n(i) details of the progress on components of the declared mine rehabilitation plan that require the submission of additional information; and\n\n(ii) an identification and assessment of any risks to the rehabilitation and post‑closure management of the declared mine; and\n\n(iii) the reasons for any non‑compliance with rehabilitation or closure milestones; and\n\n(iv) details of the remedial action that will be undertaken in respect of any non‑compliance with rehabilitation or closure milestones; and\n\n(v) details of any technical and economic studies (including details of expenditure on those studies) carried out under the licence during the reporting period that relate to—\n\n(A) the development of the mineral resource in accordance with principles of sustainable development; and\n\n(B) demonstrating the economic viability of the mineral resource; and\n\n(vi) a summary of the status of the regulatory processes that are required to be undertaken for the purposes of mine rehabilitation under the licence; and\n\n(vii) a summary of any environmental audits and land contamination assessments required under the Act, the **Water Act 1989**, the **Environment Protection Act 2017**, the **Environment Effects Act 1978** and the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth; and\n\n(viii) a summary of community engagement programs focused on rehabilitation, including the feedback and outcomes resulting from the engagement; and\n\n(ix) a summary of any reportable event, within the meaning of section 41AC of the Act, that has occurred; and\n\n(x) a report of potential issues that exist in relation to the declared mine rehabilitation plan; and\n\n(xi) a report on the progressive rehabilitation of the declared mine land.\n\n","sortOrder":62},{"sectionNumber":"Part 4","sectionType":"part","heading":"Other authorities","content":"Part 4—Other authorities\n\n","sortOrder":63},{"sectionNumber":"58","sectionType":"section","heading":"Miner's rights","content":"\t58 Miner's rights\n\n(1) An application for the grant of a miner's right under section 57 of the Act—\n\n(a) may be made orally or in writing; and\n\n(b) must include the name and address of the applicant; and\n\n(c) must be accompanied by a fee of 1·7 fee units.\n\n(2) A miner's right must be in the form set out in Schedule 10.\n\n1 The **Electronic Transactions (Victoria) Act 2000** provides for how a requirement to give information in writing may be met by giving information by electronic communication in accordance with that Act.\n\n2 A miner's right is current for the time, not exceeding 10 years, specified in the miner's right—see section 55(3) of the Act.\n\n","sortOrder":64},{"sectionNumber":"59","sectionType":"section","heading":"Tourist fossicking authorities","content":"\t59 Tourist fossicking authorities\n\n(1) An application for a tourist fossicking authority under section 60 of the Act must contain the following—\n\n(a) the name of the applicant;\n\n(b) the address of the applicant;\n\n(c) a contact phone number and email address for the applicant;\n\n(d) a description of the activity proposed to be carried out under the tourist fossicking authority;\n\n(e) the maximum number of people expected to search for minerals under the authority;\n\n(f) the proposed term of the authority (in years);\n\n(g) either—\n\n(i) a map showing the boundaries of the land to which the application relates; or\n\n(ii) a description of the boundaries of the land to which the application relates by reference to established boundaries;\n\n(h) if the application includes land covered by a mining licence, prospecting licence or retention licence—\n\n(i) a statement of whether the applicant has the consent of the licensee to the granting of the authority; and\n\n(ii) if the applicant has consent, evidence of that consent.\n\n(2) An application for a tourist fossicking authority under section 60 of the Act must be—\n\n(a) submitted in the form and in accordance with the procedure approved by the Department Head; and\n\n(b) accompanied by a fee of 6·4 fee units.\n\nA tourist fossicking authority is current for the time, not exceeding 10 years, specified in the authority—see section 59(2) of the Act.\n\n(3) A tourist fossicking authority must be in the form set out in Schedule 11.\n\n","sortOrder":65},{"sectionNumber":"Part 5","sectionType":"part","heading":"Requirements for declared mines","content":"Part 5—Requirements for declared mines\n\nPt 5 Div. 1 (Heading) inserted by S.R. No. 97/2022 reg. 10.\n\n","sortOrder":66},{"sectionNumber":"Div 1","sectionType":"division","heading":"Mine stability levy","content":"Division 1—Mine stability levy\n\n","sortOrder":67},{"sectionNumber":"60","sectionType":"section","heading":"Mine stability levy","content":"\t60 Mine stability levy\n\nFor the purposes of paragraph (a) of the definition of ***Latrobe Valley region coal mine*** in section 38AAA of the Act, the prescribed coal mines are—\n\n(a) the mine known as Yallourn mine and authorised under mining licence MIN 5003; and\n\n(b) the mine known as Hazelwood mine and authorised under mining licence MIN 5004; and\n\n(c) the mine known as Loy Yang mine and authorised under mining licence MIN 5189.\n\n","sortOrder":68},{"sectionNumber":"61","sectionType":"section","heading":"Amount of mine stability levy","content":"\t61 Amount of mine stability levy\n\nFor the purposes of section 38AAD of the Act, the amount of the mine stability levy payable in respect of each Latrobe Valley region coal mine is 34 868 fee units.\n\n","sortOrder":69},{"sectionNumber":"62","sectionType":"section","heading":"How the mine stability levy is to be paid","content":"\t62 How the mine stability levy is to be paid\n\n(1) For the purposes of section 38AAE of the Act—\n\n(a) the mine stability levy is payable in respect of each financial year; or\n\n(b) if the Minister, under subregulation (3), varies the period in respect of which the mine stability levy is payable, the mine stability levy is payable in respect of the varied period.\n\n(2) For the purposes of section 38AAE of the Act, the mine stability levy is to be paid—\n\n(a) within 28 days after the end of the period in respect of which the mine stability levy is payable under subregulation (1); or\n\n(b) by a later date determined by the Minister under subregulation (4).\n\n(3) The Minister, by notice in writing to the licence holder, may vary the period in respect of which the mine stability levy is payable.\n\n(4) The Minister, by notice in writing to the licence holder, may determine a date by which the mine stability levy is to be paid, which must be later than the date by which the mine stability levy otherwise is to be paid in accordance with subregulation (2)(a).\n\n","sortOrder":70},{"sectionNumber":"63","sectionType":"section","heading":"Mine stability requirements and processes for declared mines","content":"\t63 Mine stability requirements and processes for declared mines\n\nFor the purposes of sections 40(3)(f) and 41AE(2) of the Act, the prescribed mine stability requirements and processes are the requirements and processes set out in Schedule 12.\n\nPt 5 Div. 2 (Heading) inserted by S.R. No. 97/2022 reg. 11.\n\nDivision 2—Reporting\n\n","sortOrder":71},{"sectionNumber":"64","sectionType":"section","heading":"Reporting requirements for declared mines","content":"\t64 Reporting requirements for declared mines\n\n(1) For the purposes of section 41AB of the Act, a report provided by the holder of a licence in respect of a declared mine must be in respect of each period of 6 months—\n\n(a) ending on 30 June or 31 December; or\n\n(b) if the Department Head nominates other dates in writing to the licence holder, ending on the nominated dates.\n\n(2) The report must be provided to the Department Head in writing within 3 months after the end of the period to which it relates.\n\n(3) For the purposes of section 41AB of the Act, the prescribed particulars are—\n\n(a) a description of activities taken to implement the control measures set out in the work plan in accordance with regulation 63 and clause 3 of Schedule 12; and\n\n(b) the results of the monitoring carried out under the monitoring plan set out in the work plan in accordance with regulation 63 and clause 4 of Schedule 12; and\n\n(c) the outcomes of reviews relating to the declared mine carried out under the work plan in accordance with regulation 63 and clause 5 of Schedule 12, taking into account—\n\n(i) the implementation of control measures referred to in paragraph (a); and\n\n(ii) the results of monitoring referred to in paragraph (b); and\n\n(iii) any stability modelling undertaken; and\n\n(iv) any significant changes in the operation of the declared mine; and\n\n(v) implications for the mine design components; and\n\n(d) any recommended changes to the work plan arising out of reviews carried out under the work plan in accordance with regulation 63 and clause 5 of Schedule 12.\n\nPt 5 Div. 3 (Heading and regs 64A–64J) inserted by S.R. No. 97/2022 reg. 12.\n\nDivision 3—Declared mine rehabilitation\n\nReg. 64A inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":72},{"sectionNumber":"64A","sectionType":"section","heading":"Prescribed period for preparation of declared mine rehabilitation plan","content":"\t64A Prescribed period for preparation of declared mine rehabilitation plan\n\nFor the purposes of section 84AZU(2) of the Act, the prescribed period is—\n\n(a) in the case of a Latrobe Valley region coal mine within the meaning of section 38AAA of the Act, the period of 3 years beginning on 1 October 2022; or\n\n(b) in the case of a declared mine other than a Latrobe Valley region coal mine, the period of 12 months beginning on the date the Order made under section 7C of the Act in relation to that declared mine is published in the Government Gazette; or\n\n(c) if the Minister approves a period under regulation 64B, that period.\n\nReg. 64B inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":73},{"sectionNumber":"64B","sectionType":"section","heading":"Minister may approve a longer period to prepare a declared mine rehabilitation plan","content":"\t64B Minister may approve a longer period to prepare a declared mine rehabilitation plan\n\n(1) A declared mine licensee may apply to the Minister for approval to prepare a declared mine rehabilitation plan within a period up to 12 months longer than the period prescribed by regulation 64A(a) or (b) that applies to the licensee.\n\n(2) An application must be made to the Minister at least 28 days before the end of the period prescribed by regulation 64A(a) or (b) that applies to the licensee.\n\n(3) The Minister may approve or refuse to approve the preparation of a declared mine rehabilitation plan within a period that is up to 24 months longer than a period prescribed by regulation 64A(a) or (b) that applies to a licensee.\n\nReg. 64C inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":74},{"sectionNumber":"64C","sectionType":"section","heading":"Closure criteria","content":"\t64C Closure criteria\n\nFor the purposes of section 84AZU(3)(b) of the Act, the prescribed criteria (***closure criteria***) are as follows—\n\n(a) the measures the licensee must take to address the risks to public health and safety, the environment and infrastructure posed by the geotechnical, hydrogeological, water quality or hydrological status of declared mine land covered by the licence;\n\n(b) the actions the licensee must take to achieve the long-term objective to convert the declared mine land to a safe and stable and sustainable condition;\n\n(c) the measures the licensee must take to minimise the erosion of the declared mine land;\n\n(d) the measures the licensee must take to revegetate the declared mine land;\n\n(e) the measures the licensee must implement to assess and manage fire risks;\n\n(f) the actions that the licensee must take to manage the physical attributes of the declared mine land;\n\n(g) the measures the licensee must take to mitigate the limits or constraints on rehabilitation of the declared mine land;\n\n(h) the objectives that the licensee must satisfy for the proposed landform to be able to support the proposed outcomes for land use;\n\n(i) the actions that the licensee must take to ensure the compatibility of the proposed final landform with the surrounding areas;\n\n(j) the milestones that the licensee must meet on the progress of the rehabilitation, the rate of mining and the nature of the mining operation;\n\n(k) the rate and expected level of ongoing research into aspects of the declared mine land and water that the licensee must achieve—\n\n(i) to resolve any deficiencies in the available data; and\n\n(ii) to limit any uncertainty surrounding the state of the declared mine land and water;\n\n(l) the measures the licensee must take to manage aspects of the water that includes water quality, water availability for rehabilitation, water balance and any impacts on the broader water system;\n\n(m) the use that the licensee must make of appropriate technologies to mitigate negative impacts on the declared mine land;\n\n(n) the measures the licensee must take to enable all the expected post-closure outcomes.\n\nReg. 64D inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":75},{"sectionNumber":"64D","sectionType":"section","heading":"Post-closure plan","content":"\t64D Post-closure plan\n\nFor the purposes of section 84AZU(3)(c) of the Act, a post-closure plan must contain information on the following matters—\n\n(a) the ongoing monitoring and maintenance activities required to maintain the declared mine land in a safe and stable state after closure;\n\n(b) a risk management plan for the mitigation of risks that may continue post-closure;\n\n(c) the plant that the declared mine licensee proposes—\n\n(i) to use to meet the closure criteria for the declared mine land; and\n\n(ii) to leave on the declared mine land and that will become the property of the Crown under section 114 of the Act;\n\n(d) who is responsible for post-closure monitoring and maintenance activities;\n\n(e) the time and manner in which the ongoing monitoring and maintenance activities will be carried out after closure;\n\n(f) any further supporting data, reports and information that must be provided to the Rehabilitation Authority after the post‑closure plan is registered, for the purposes of monitoring and evaluating the rehabilitation planning activities.\n\nReg. 64E inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":76},{"sectionNumber":"64E","sectionType":"section","heading":"Form and procedure for undertaking to pay registration amount","content":"\t64E Form and procedure for undertaking to pay registration amount\n\nAn undertaking given under section 84AZU(3)(d) of the Act must be given—\n\n(a) in the form approved by the Department Head; and\n\n(b) in accordance with the procedure approved by the Department Head.\n\nReg. 64F inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":77},{"sectionNumber":"64F","sectionType":"section","heading":"Matters required in a declared mine rehabilitation plan","content":"\t64F Matters required in a declared mine rehabilitation plan\n\n(1) For the purposes of section 84AZU(3)(f) of the Act, the following are prescribed matters—\n\n(a) the information relating to rehabilitation specified in subregulation (2);\n\n(b) a stakeholder engagement plan that—\n\n(i) identifies the persons or classes of persons, including the persons or classes of persons prescribed by regulation 64G—\n\n(A) consulted on the draft declared mine rehabilitation plan; and\n\n(B) who will be consulted on the declared mine rehabilitation plan; and\n\n(ii) includes a strategy and milestones for ongoing engagement with those persons and classes of persons during rehabilitation and closure of the declared mine; and\n\n(iii) complies with any relevant guidelines issued by the Minister under section 120A of the Act;\n\n(c) the proposed outcomes for land use and proposed post-mining land use, including any land that is not able to be rehabilitated to a stable condition, described in a manner consistent with any relevant guidelines issued by the Minister under section 120A of the Act;\n\n(d) all the legal approvals and permissions required for the activities or outcomes in the declared mine rehabilitation plan;\n\n(e) the components of the declared mine rehabilitation plan in relation to which additional details must be provided annually in accordance with regulation 57A(b)(i).\n\n(2) For the purposes of subregulation (1)(a), the following information is specified—\n\n(a) any use of passive controls to maximise the rehabilitation outcome that any landforms are to be safe, stable and sustainable;\n\n(b) the rehabilitation or closure objectives that are consistent with—\n\n(i) any relevant guidelines issued by the Minister under section 120A of the Act; or\n\n(ii) information that the Department Head has approved;\n\n(c) the rehabilitation or closure milestones relevant to the ongoing monitoring, management and maintenance of the declared mine land including—\n\n(i) milestones necessary for the rehabilitation of the land to a safe, stable and sustainable condition and to minimise the risks posed by the declared mine land; and\n\n(ii) milestones required to meet the closure criteria set out in regulation 64C; and\n\n(iii) milestones for obtaining the relevant legal approvals and permissions required for the rehabilitation of the mine, the closure of the mine and post‑closure of the mine under subregulation (1)(d);\n\n(d) an identification and assessment of—\n\n(i) risks that may lead to an early or sudden cessation of operations and closure of the mine; and\n\n(ii) rehabilitation risks and hazards; and\n\n(iii) risks that may affect the rehabilitation outcomes, objectives and milestones that apply to the rehabilitation of the declared mine land;\n\n(e) a risk management plan that specifies the actions the licensee will take to mitigate, as far as reasonably practicable, the risks referred to in paragraph (d), including—\n\n(i) the performance standards to be achieved by either individual measures or a combination of measures; and\n\n(ii) the management systems, practices and procedures the licensee will apply to monitor and manage risks and to comply with performance standards;\n\n(f) an outline of the roles and responsibilities of employees of the licensee including—\n\n(i) the qualifications that the employees hold to competently perform their role; and\n\n(ii) the accountability of the employees for the implementation, management and review of the risk management plan.\n\nSee section 84AZU(3) of the Act for other matters that must be included in a declared mine rehabilitation plan.\n\nReg. 64G inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":78},{"sectionNumber":"64G","sectionType":"section","heading":"Declared mine licensee consultations with prescribed persons or class of persons","content":"\t64G Declared mine licensee consultations with prescribed persons or class of persons\n\n(1) For the purposes of section 84AZU(4) of the Act, the following persons are prescribed—\n\n(a) the Rehabilitation Authority;\n\n(b) the Minister responsible for administering the **Environment Effects Act 1978**;\n\n(c) in the case of declared mine land that is Crown land, the Crown land Minister;\n\n(d) any responsible authority, within the meaning given by section 13 of the **Planning and Environment Act 1987**, for the area in which the declared mine land is located;\n\n(e) any public sector body that is responsible for the authorisation or oversight of a matter in the declared mine rehabilitation plan.\n\n(2) For the purposes of section 84AZU(4) of the Act, the following classes of persons are prescribed—\n\n(a) in the case of a declared mine on private land—\n\n(i) the owner and occupier of the declared mine land affected by the declared mine rehabilitation plan; and\n\n(ii) the owner and occupier of land directly adjacent to the declared mine land affected by the declared mine rehabilitation plan; and\n\n(iii) a traditional owner group or traditional owner group entity, within the meaning of the **Traditional Owner Settlement Act 2010**, in the area in which the declared mine land is located;\n\n(b) in the case of a declared mine located in the Latrobe Valley region—\n\n(i) the communities in the Gippsland Region set out in column 2 of Schedule 2 to the **Regional Development Victoria Act 2002**; and\n\n(ii) a traditional owner group or traditional owner group entity, within the meaning of the **Traditional Owner Settlement Act 2010**;\n\n(c) in the case of a declared mine that is not located in the Latrobe Valley region—\n\n(i) the communities in the Region set out in column 2 of Schedule 2 to the **Regional Development Victoria Act 2002** that is the Region in which the declared mine is located in whole or part; and\n\n(ii) the communities in a municipal district, within the meaning of the **Local Government Act 2020**, that are within one kilometre of the declared mine; and\n\n(iii) a traditional owner group or traditional owner group entity, within the meaning of the **Traditional Owner Settlement** **Act 2010**.\n\nReg. 64H inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":79},{"sectionNumber":"64H","sectionType":"section","heading":"Duty for declared mine licensee to give notice of consultations","content":"\t64H Duty for declared mine licensee to give notice of consultations\n\n(1) A declared mine licensee who is required to consult under section 84AZU(4) of the Act must publish a notice seeking submissions on the proposed declared mine rehabilitation plan at least 60 days before giving the plan to the Department Head for approval.\n\n(2) The notice must—\n\n(a) be published—\n\n(i) in a newspaper that has circulation in all localities that the declared mine to which the plan relates is located; or\n\n(ii) in a newspaper that has circulation generally in Victoria; or\n\n(iii) by a method approved by the Department Head; and\n\n(b) be published on an Internet site maintained by the declared mine licensee for at least 21 days after the day on which the plan is given to the Department Head; and\n\n(c) state that submissions on the plan may be made to the declared mine licensee on or before a specified date that is at least 60 days after the date of publication of the notice in accordance with paragraph (b); and\n\n(d) contain the following matters—\n\n(i) the name of the declared mine licensee;\n\n(ii) the Internet site or publication in which the plan and information relating to the plan is published in accordance with these Regulations;\n\n(iii) a description of the declared mine land that is covered by the licence, including a map of that land;\n\n(iv) the key elements of the plan—\n\n(A) as set out in any relevant guidelines issued by the Minister under section 120A of the Act; or\n\n(B) as approved by the Department Head;\n\n(v) the declared mine licensee's system for managing the impacts of the plan on the community, including landowners and occupiers, and the environment;\n\n(vi) the declared mine licensee's plan for carrying out the duty under section 39A of the Act to consult the community, including landowners and occupiers, throughout the period of the licence.\n\n(3) The declared mine licensee must consider any submissions that are received on or before the date specified in subregulation (2)(c).\n\n(4) Any method approved by the Department Head for the purposes of subregulation (2)(a)(iii) for the publication of a notice is taken to be approved on the date specified in a notice published in the Government Gazette.\n\n(5) A declared mine licensee, within 7 days after the publication of a notice in accordance with this regulation, must give a copy of that notice to the Department Head.\n\nReg. 64I inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":80},{"sectionNumber":"64I","sectionType":"section","heading":"Approved form of declared mine rehabilitation plan","content":"\t64I Approved form of declared mine rehabilitation plan\n\nFor the purposes of section 84AZU of the Act, a declared mine rehabilitation plan must—\n\n(a) be in the form approved by the Department Head; and\n\n(b) be submitted in accordance with the process approved by the Department Head.\n\nReg. 64J inserted by S.R. No. 97/2022 reg. 12.\n\n\t64J Matters to be included in a declared mine rehabilitation plan or a variation to a plan for consideration of the Department Head\n\nAn application for the approval of a declared mine rehabilitation plan or the variation of a declared mine rehabilitation plan must include the following—\n\n(a) a report on the consultations undertaken under section 84AZU(4) of the Act—\n\n(i) that sets out the matters raised within the consultations and the declared mine licensee's response to those matters; and\n\n(ii) that attaches a copy of any written submissions received by the licensee in response to the consultations;\n\n(b) an assessment of how the plan will meet the rehabilitation outcomes identified in the plan.\n\nPt 5 Div. 4 (Heading and regs 64K–64M) inserted by S.R. No. 97/2022 reg. 12.\n\nDivision 4—Approval and variation of declared mine rehabilitation plans\n\nReg. 64K inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":81},{"sectionNumber":"64K","sectionType":"section","heading":"Department Head to consider plan for rehabilitation of declared mine land","content":"\t64K Department Head to consider plan for rehabilitation of declared mine land\n\nFor the purposes of section 84AZV(1)(c) of the Act, the prescribed matters are—\n\n(a) the report on consultations under regulation 64J(a); and\n\n(b) in relation to the landform to be achieved on the declared mine land—\n\n(i) the physical safety of humans and animals; and\n\n(ii) the geotechnical and hydrogeological stability of the land; and\n\n(iii) the maintenance of hydrological regimes, the quality and quantity of groundwater and surface water to the extent that any existing or proposed uses, including ecosystem maintenance, will be protected; and\n\n(iv) that the landform does not cause any pollution or contamination; and\n\n(v) that the landform protects the land use and infrastructure of adjacent areas; and\n\n(vi) that the landform minimises the fire risk so that the fire risk is, as far as reasonably practicable, not greater than any surrounding environment; and\n\n(vii) that the landform is resilient to climate change; and\n\n(viii) that the landform promotes ecological integrity so that the post-closure ecosystems are stable or are developing to be regenerative and self-sustaining and biodiversity is protected; and\n\n(ix) that the landform minimises the need for ongoing active monitoring, maintenance or management to a level that is acceptable; and\n\n(c) in relation to rehabilitation outcomes identified in the declared mine rehabilitation plan and the post‑closure plan—\n\n(i) that the benefits to the wellbeing and prosperity of the community are promoted; and\n\n(ii) that the views of the community and Aboriginal persons are taken into account; and\n\n(iii) that the knowledge, rights and aspirations of traditional owner groups in caring for country is acknowledged.\n\nReg. 64L inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":82},{"sectionNumber":"64L","sectionType":"section","heading":"Prescribed process—consideration of plan for rehabilitation of declared mine land by Department Head","content":"\t64L Prescribed process—consideration of plan for rehabilitation of declared mine land by Department Head\n\nFor the purposes of section 84AZV(1)(d) of the Act, the prescribed process is—\n\n(a) the Department Head must, within 28 days of receiving a declared mine rehabilitation plan, consult the following persons on the plan—\n\n(i) the Environment Protection Authority;\n\n(ii) the responsible authority, within the meaning given by section 13 of the **Planning and Environment Act 1987**, for the declared mine land covered by the plan;\n\n(iii) in the case of a plan that is subject to an Environment Effects Statement, the Minister responsible for administering the **Environment Effects Act 1978**;\n\n(iv) any public sector body that performs functions relevant to the plan;\n\n(v) any public sector body that is responsible for the authorisation or oversight of matters in the plan;\n\n(vi) any referral authority, within the meaning of section 77TA of the Act, that performs functions relevant to the plan; and\n\n(b) a person referred to in paragraph (a) may provide comments on the plan to the Department Head within 90 days after being consulted on the plan; and\n\n(c) the Department Head must consider any comments received in accordance with paragraph (b); and\n\n(d) the Department Head may, within 120 days of receiving a plan, give the declared mine licensee a written notice requiring the licensee—\n\n(i) to provide specified information relating to any matter under this Part that is necessary to enable the plan to be properly considered; and\n\n(ii) to provide that specified information within a specified time; and\n\n(e) the Department Head may extend the specified time within which a declared mine licensee must comply with a notice given under paragraph (d).\n\nReg. 64M inserted by S.R. No. 97/2022 reg. 12.\n\n","sortOrder":83},{"sectionNumber":"64M","sectionType":"section","heading":"Prescribed process—consideration of variation of declared mine rehabilitation plan by Department Head","content":"\t64M Prescribed process—consideration of variation of declared mine rehabilitation plan by Department Head\n\nFor the purposes of section 84AZW(2)(c) of the Act, the prescribed process is—\n\n(a) the Department Head must, within 28 days of receiving a declared mine rehabilitation plan, consult the following persons on the plan—\n\n(i) the Environment Protection Authority;\n\n(ii) the responsible authority, within the meaning given by section 13 of the **Planning and Environment Act 1987**, for the declared mine land covered by the plan;\n\n(iii) in the case of a plan that is subject to an Environment Effects Statement, the Minister responsible for administering the **Environment Effects Act 1978**;\n\n(iv) any public sector body that performs functions relevant to the plan;\n\n(v) any public sector body that is responsible for the authorisation or oversight of matters in the plan;\n\n(vi) any referral authority, within the meaning of section 77TA of the Act, that performs functions relevant to the plan; and\n\n(b) a person referred to in paragraph (a) may provide comments on the declared mine rehabilitation plan to the Department Head within 90 days after being consulted on the plan; and\n\n(c) the Department Head must consider any comments received in accordance with paragraph (b); and\n\n(d) the Department Head may, within 120 days after receiving a declared mine rehabilitation plan, give the declared mine licensee a written notice requiring the licensee—\n\n(i) to provide specified information relating to any matter under this Part that is necessary to enable the plan to be properly considered; and\n\n(ii) to provide that specified information within a specified time; and\n\n(e) the Department Head may extend the specified time within which a declared mine licensee must comply with a notice given under paragraph (d).\n\nPt 5A (Headings and regs 64N–64Q) inserted by S.R. No. 97/2022 reg. 13.\n\n","sortOrder":84},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Closure determinations and Declared Mine Fund","content":"Part 5A—Closure determinations and Declared Mine Fund\n\nDivision 1—Closure determinations\n\nReg. 64N inserted by S.R. No. 97/2022 reg. 13.\n\n","sortOrder":85},{"sectionNumber":"64N","sectionType":"section","heading":"Application for closure determination","content":"\t64N Application for closure determination\n\nFor the purposes of section 84AZY(2)(a) of the Act, the prescribed information is as follows—\n\n(a) an assessment of whether the closure criteria have been met, including evidence to support that assessment;\n\n(b) an assessment of community and stakeholder engagement, including evidence to support that assessment;\n\n(c) information to enable the Minister to determine the amount, if any, that the declared mine licensee must contribute to the Declared Mine Fund including—\n\n(i) an estimate of the present value of the future costs associated with the monitoring and maintenance obligations under the post-closure plan for the declared mine land; and\n\n(ii) definitions and calculations of the costs of rehabilitating the declared mine land after an adverse event; and\n\n(iii) information relating to the declared mine land required to be recorded by the Rehabilitation Authority on the declared mine land register under section 84AZZL of the Act, if the Minister determines that the declared mine licensee has met the closure criteria under section 84AZZA(2)(a) of the Act.\n\nReg. 64O inserted by S.R. No. 97/2022 reg. 13.\n\n","sortOrder":86},{"sectionNumber":"64O","sectionType":"section","heading":"Matters to be taken into account by the Minister","content":"\t64O Matters to be taken into account by the Minister\n\nFor the purposes of section 84AZZ(1)(c) of the Act, the prescribed matters are—\n\n(a) the information set out in regulation 64N; or\n\n(b) any comments received in response to requests or consultation under section 84AZZ of the Act or regulation 64P(4) or (6).\n\nReg. 64P inserted by S.R. No. 97/2022 reg. 13.\n\n","sortOrder":87},{"sectionNumber":"64P","sectionType":"section","heading":"Prescribed process—consultation by the Minister on an application for closure determination","content":"\t64P Prescribed process—consultation by the Minister on an application for closure determination\n\n(1) For the purposes of section 84AZZ(1)(d) of the Act, the prescribed process is the process set out in this regulation.\n\n(2) The Minister must, within 28 days after receiving an application made under section 84AZY of the Act, give notice and a copy of the application to the following—\n\n(a) if the declared mine rehabilitation plan is the subject of an Environment Effects Statement prepared under the **Environment Effects Act 1978**, the Minister responsible for administering the **Environment Effects Act 1978**;\n\n(b) the Environment Protection Authority;\n\n(c) the responsible authorities for the area in which the declared mine land subject to the declared mine rehabilitation plan is located under section 13 of the **Planning and Environment Act 1987**;\n\n(d) any other referral authority under section 77TA of the Act or public sector body under section 84AA of the Act responsible for authorisation or oversight of matters in the application that the Minister considers should be consulted on the application;\n\n(e) any traditional owner group or traditional owner group entity, within the meaning of the **Traditional Owner Settlement Act 2010**, in the area in which the declared mine land subject to the application is located;\n\n(f) if the declared mine land is private land, the owner and occupier of the declared mine land affected by the declared mine rehabilitation plan;\n\n(g) any other person that the Minister considers appropriate.\n\n(3) The Minister may provide any accompanying documents in addition to the copy of the application to the persons specified in subregulation (2).\n\n(4) Persons specified in subregulation (2) may provide comments in response to the application for closure determination within 90 days after the date on which a copy of the application for closure determination is provided by the Minister.\n\n(5) The Minister may extend the period by which comments may be made under subregulation (4).\n\n(6) The Minister may request the persons notified under subregulation (2) to provide information relevant to determining the application as the Minister considers appropriate.\n\n(7) The Minister must consider any comments or information provided under subregulation (4) or (6).\n\nSection 84AZZ(1)(b) of the Act requires the Minister to consult with specified Ministers and section 84AZZ(2) of the Act requires the Minister to provide a copy of an application for closure determination and any accompanying documents to the Rehabilitation Authority and each Minister referred to in section 84AZZ(1)(b) of the Act.\n\nDivision 2—Declared Mine Fund\n\nReg. 64Q inserted by S.R. No. 97/2022 reg. 13.\n\n","sortOrder":88},{"sectionNumber":"64Q","sectionType":"section","heading":"Determining the amount to be paid into the Declared Mine Fund","content":"\t64Q Determining the amount to be paid into the Declared Mine Fund\n\nIn determining the amount of any rehabilitation bond to be paid into the Declared Mine Fund on the cancellation of the mining licence of a declared mine licensee, the Minister must consider—\n\n(a) information submitted by the declared mine licensee in an application for a determination that closure criteria have been met relating to the value of the future costs associated with the monitoring and maintenance obligations under the post-closure plan for the declared mine land; and\n\n(b) information submitted by the declared mine licensee in the application relating to the cost of rehabilitating the declared mine land after an adverse event.\n\nPt 5B (Heading and reg. 64R) inserted by S.R. No. 97/2022 reg. 13.\n\n","sortOrder":89},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Register of declared mine land","content":"Part 5B—Register of declared mine land\n\nReg. 64R inserted by S.R. No. 97/2022 reg. 13.\n\n","sortOrder":90},{"sectionNumber":"64R","sectionType":"section","heading":"Registration of declared mine land","content":"\t64R Registration of declared mine land\n\nFor the purposes of section 84AZZL(3)(b)(iii) of the Act, the following matters are prescribed—\n\n(a) a description of the location of the declared mine land;\n\n(b) a map of the declared mine land that—\n\n(i) is of 1:25 000 scale or of a scale that provides more detail; and\n\n(ii) shows the boundaries of private land and Crown land;\n\n(c) a description of the mine located on the declared mine land, including the activities that were conducted on that land under the mining licence;\n\n(d) the identity of the current landowner or land manager of the declared mine land;\n\n(e) a map of the location of the key structural features of the declared mine land in relation to the boundaries of the declared mine land;\n\n(f) in the case of a declared mine licence cancelled under section 38(1B)(ab) of the Act for failure to comply with a declared mine rehabilitation plan, details of the instrument of cancellation.\n\n","sortOrder":91},{"sectionNumber":"Part 6","sectionType":"part","heading":"Mining register","content":"Part 6—Mining register\n\nReg. 64S inserted by S.R. No. 108/2025 reg. 6.\n\n","sortOrder":92},{"sectionNumber":"64S","sectionType":"section","heading":"Documents required to be recorded in the mining register","content":"\t64S Documents required to be recorded in the mining register\n\nFor the purposes of section 69(2)(a)(xvii) of the Act, an instrument setting out a work plan minor variation is a prescribed document.\n\n","sortOrder":93},{"sectionNumber":"65","sectionType":"section","heading":"Information in documents","content":"\t65 Information in documents\n\nFor the purposes of section 69(2)(b) of the Act, the information to be recorded in relation to a document listed in column 2 of Schedule 13 is the information set out in relation to that document in column 3 of that Schedule.\n\n","sortOrder":94},{"sectionNumber":"66","sectionType":"section","heading":"Fees for information and copies","content":"\t66 Fees for information and copies\n\n(1) For the purposes of section 74(1) of the Act, the prescribed fee is 1·7 fee units.\n\n(2) Despite anything to the contrary in this regulation, no fee is payable for accessing the register made available on the Internet or for downloading information from the register made available on the Internet.\n\n","sortOrder":95},{"sectionNumber":"67","sectionType":"section","heading":"Certificate of information","content":"\t67 Certificate of information\n\n(1) For the purposes of section 76 of the Act, the prescribed form of a certificate is a certificate that—\n\n(a) states that it is a certificate under section 76 of the Act; and\n\n(b) contains a certification as to the matters in the certificate that appear in or have been ascertained from the register or other records kept by the Department Head.\n\n(2) The fee for a certificate of information issued by the Department Head under section 76 of the Act is 1·7 fee units.\n\n","sortOrder":96},{"sectionNumber":"Part 7","sectionType":"part","heading":"Infringements","content":"Part 7—Infringements\n\n","sortOrder":97},{"sectionNumber":"68","sectionType":"section","heading":"Infringements","content":"\t68 Infringements\n\n(1) For the purposes of Part 12 of the Act, an offence specified in column 2 of an item in Schedule 14 is prescribed as an infringement offence.\n\n(2) For the purposes of section 106(3) of the Act, an infringement penalty specified in column 3 of an item in Schedule 14 is prescribed in respect of the infringement offence specified in column 2 of the corresponding item.\n\n","sortOrder":98},{"sectionNumber":"Part 8","sectionType":"part","heading":"Disclosure of interests","content":"Part 8—Disclosure of interests\n\n","sortOrder":99},{"sectionNumber":"69","sectionType":"section","heading":"Duty of disclosure","content":"\t69 Duty of disclosure\n\n(1) For the purposes of section 118(2) of the Act, a person to whom that section applies must disclose an interest, in accordance with the Department's procedures for declaring conflicts of interest, if—\n\n(a) the interest exceeds $1000 in value derived from exploration or mining operations in Victoria; or\n\n(b) the interest (whether of a pecuniary nature or not) appears to raise a conflict with the person's responsibilities for the administration of the Act.\n\n(2) A person who is required to disclose an interest under subregulation (1) must not perform or exercise any function or power under the Act in relation to the matter to which the interest relates unless the Minister authorises the person to do so.\n\n(3) Subregulation (1) does not apply to any remuneration or allowance received by a person under the Act or the **Public Administration Act 2004**.\n\nUnder section 118(2) of the Act, a person who contravenes this regulation is liable to a penalty not exceeding 50 penalty units.\n\n","sortOrder":100},{"sectionNumber":"Part 9","sectionType":"part","heading":"General","content":"Part 9—General\n\n","sortOrder":101},{"sectionNumber":"70","sectionType":"section","heading":"Consent for work near dwelling","content":"\t70 Consent for work near dwelling\n\nFor the purposes of section 45(3)(a) of the Act, the prescribed form is the form in Schedule 15.\n\n","sortOrder":102},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional provisions","content":"Part 10—Transitional provisions\n\n","sortOrder":103},{"sectionNumber":"71","sectionType":"section","heading":"Saving of production and royalty return—financial year 2018–19","content":"\t71 Saving of production and royalty return—financial year 2018–19\n\n(1) Despite the expiry of the Mineral Resources (Sustainable Development) (Mineral Industries) Interim Regulations 2018, for the purposes of section 12(1)(b) and (2) of the Act, regulation 8 of those Regulations continues to apply as if it had not expired for the purposes of calculating the time by which royalties are to be paid for the financial year ending 30 June 2019.\n\n(2) Despite the expiry of the Mineral Resources (Sustainable Development) (Mineral Industries) Interim Regulations 2018, regulation 9 of those Regulations continues to apply as if it had not expired in respect of production and royalty returns for the financial year ending 30 June 2019.\n\n","sortOrder":104},{"sectionNumber":"72","sectionType":"section","heading":"Saving of annual return of expenditure and activities for the year ending 30 June 2019","content":"\t72 Saving of annual return of expenditure and activities for the year ending 30 June 2019\n\nDespite the expiry of the Mineral Resources (Sustainable Development) (Mineral Industries) Interim Regulations 2018, regulation 31 of those Regulations continues to apply as if those Regulations had not expired in respect of an annual return of expenditure and activities for the year ending 30 June 2019.\n\n","sortOrder":105},{"sectionNumber":"73","sectionType":"section","heading":"Saving of annual technical report for the year ending 30 June 2019","content":"\t73 Saving of annual technical report for the year ending 30 June 2019\n\nDespite the expiry of the Mineral Resources (Sustainable Development) (Mineral Industries) Interim Regulations 2018, regulation 32 of those Regulations continues to apply as if those Regulations had not expired in respect of an annual technical report for the year ending 30 June 2019.\n\nReg. 74 inserted by S.R. No. 138/2019 reg. 7.\n\n","sortOrder":106},{"sectionNumber":"74","sectionType":"section","heading":"Royalties for gold—gold produced before 1 January 2020","content":"\t74 Royalties for gold—gold produced before 1 January 2020\n\nNo royalties for gold are payable by the holder of a mining licence in respect of gold produced under the licence before 1 January 2020.\n\n","sortOrder":107},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Information required in notice of licence application","content":"Schedule 1—Information required in notice of licence application\n\nRegulation 22\n\n1. The name and address of the applicant/s.\n\n2. A contact phone number and email address of the applicant for maps and other information requests.\n\n3. The Internet site address or other location where the information in Part 2 of this Schedule is published (not relevant for prospecting licence applications).\n\n4. Details of the application, including the following—\n\n(a) the application number;\n\n(b) the locality or localities where the land to which the application relates is located;\n\n(c) in the case of a notice of application for an exploration licence, the approximate area of land to which the application relates in graticular sections;\n\n(d) in the case of a notice of application for a mining licence, prospecting licence or retention licence, the approximate area of land to which the application relates in hectares;\n\n(e) the date of the application;\n\n(f) an outline of the proposed program of work to which the application relates;\n\n(g) the term the licence is applied for;\n\n(h) in the case of a notice of application for a mining licence or prospecting licence, if applicable, the date authority to enter was granted.\n\n5. A statement that any person may object to the grant of a licence in accordance with section 24 of the Act and details as to how a person can object to the grant of the licence, including current contact details for the Department and the Department's Internet site address through which objections can be made.\n\n6. A map clearly identifying the land to which the application relates, including relevant roads and place names.\n\n7. If the application is for an exploration licence, a statement that, subject to other statutory requirements being satisfied, an exploration licence, if granted, entitles the holder of the licence to explore and search for minerals in the relevant land, but does not entitle the holder to undertake mining.\n\n8. If the application is for a mining licence, a statement that, subject to other statutory requirements being satisfied, a mining licence, if granted, entitles the holder of the licence to carry out mining on the relevant land, explore for minerals, construct any facilities specified in the licence, and do anything else that is incidental to that mining.\n\n9. If the application is for a prospecting licence, a statement that, subject to other statutory requirements being satisfied, a prospecting licence, if granted, entitles the holder of the licence to prospect or explore for minerals, carry out mining on the relevant land, and do anything else that is incidental to that mining.\n\n10. If the application is for a retention licence, a statement that, subject to other statutory requirements being satisfied, a retention licence, if granted, entitles the holder of the licence to retain rights to a mineral resource and explore and carry out other work to establish the economic viability of mining, but does not entitle the holder to undertake mining.\n\n11. A statement that further information regarding the statutory requirements that must be complied with prior to work being undertaken on a licence, including landowner and occupier consent requirements, is available on the Department's Internet site (the notice must include the relevant Internet site address).\n\n1. Details of the proposed program of work to be carried out under the licence.\n\n2. A description of the applicant's systems for managing impacts of the proposed work on the community (including landowners and occupiers) and the environment.\n\n3. An outline of how the applicant intends to meet a licensee's obligations under section 39A of the Act to consult with the community (including landowners and occupiers).\n\n","sortOrder":108},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Information required in notice of acceptance of a tender for a licence","content":"Schedule 2—Information required in notice of acceptance of a tender for a licence\n\nRegulation 26\n\n1. The name and address of the tenderer/s.\n\n2. The contact phone number and email address of the tenderer for maps and other information requests.\n\n3. The Internet site address or other location where the information in Part 2 of this Schedule is published (not relevant for tender for a prospecting licence).\n\n4. Details of the tender, including the following⎯\n\n(a) the locality or localities where the land to which the tender relates is located;\n\n(b) in the case of a tender for an exploration licence, the approximate area of land to which the tender relates in graticular sections;\n\n(c) in the case of a tender for a mining licence, prospecting licence or retention licence, the approximate area of land to which the tender relates in hectares;\n\n(d) the date of the application for the tender;\n\n(e) an outline of the proposed program of work to which the tender relates;\n\n(f) the term of licence tendered for;\n\n(g) the date authority to enter granted (if applicable).\n\n5. A statement that any person may object to the grant of a licence in accordance with section 24 of the Act and details as to how a person can object to the grant of the licence, including current contact details for the Department and the Department's Internet site address through which objections can be made.\n\n6. A map clearly identifying the land to which the tender relates, including relevant roads and place names.\n\n7. If the tender is for an exploration licence, a statement that, subject to other statutory requirements being satisfied, an exploration licence, if granted, entitles the holder of the licence to explore and search for minerals in the relevant land, but does not entitle the holder to undertake mining.\n\n8. If the tender is for a mining licence, a statement that, subject to other statutory requirements being satisfied, a mining licence, if granted, entitles the holder of the licence to carry out mining on the relevant land, explore for minerals, construct any facilities specified in the licence, and do anything else that is incidental to that mining.\n\n9. If the tender is for a prospecting licence, a statement that, subject to other statutory requirements being satisfied, a prospecting licence, if granted, entitles the holder of the licence to prospect or explore for minerals, carry out mining on the relevant land, and do anything else that is incidental to that mining.\n\n10. If the tender is for a retention licence, a statement that, subject to other statutory requirements being satisfied, a retention licence, if granted, entitles the holder of the licence to retain rights to a mineral resource and explore and carry out other work to establish the economic viability of mining, but does not entitle the holder to undertake mining.\n\n11. A statement that further information regarding the statutory requirements that must be complied with prior to work being undertaken on a licence, including landowner and occupier consent requirements, is available on the Department's Internet site (the notice must include the relevant Internet site address).\n\n1. Details of the proposed program of work to be carried out under the licence.\n\n2. A description of the tenderer's systems for managing impacts of the proposed work on the community (including landowners and occupiers) and the environment.\n\n3. An outline of how the tenderer intends to meet a licensee's obligations under section 39A of the Act to consult with the community (including landowners and occupiers).\n\n","sortOrder":109},{"sectionNumber":"Sch 3","sectionType":"schedule","heading":"Exploration licence","content":"Schedule 3—Exploration licence\n\nRegulation 28(1)\n\nI, [*insert name*], *the Minister/*acting as delegate of the Minister, grant to [*insert full name of holder*] of [*insert address of holder*] this exploration licence. The licence is granted under section 25 of the Act, over the area described in the attached document plan.\n\nThe licence is effective *to/*for [*insert expiry date or term of years from date of registration*].\n\nThis licence is subject to the Schedule of Conditions attached and the following conditions:\n\n1. The licensee must expend in connection with exploration of the land a minimum of the following (*remove where necessary, depending on term of years from date of registration*)—\n\n$ in the first year of the term of the licence;\n\n$ in the second year of the term of the licence;\n\n$ in the third year of the term of the licence;\n\n$ in the fourth year of the term of the licence;\n\n$ in the fifth year of the term of the licence—\n\nunless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act. The required expenditure may be varied on the second and fourth anniversaries (as applicable) of the licence grant if the area of the licence is decreased in accordance with section 38A of the Act.\n\n2. The reporting date is [*insert reporting date*] annually.\n\n","sortOrder":110},{"sectionNumber":"Sch 4","sectionType":"schedule","heading":"Mining licence","content":"Schedule 4—Mining licence\n\nRegulation 28(2)\n\nI, [*insert name*], *the Minister/*acting as delegate of the Minister, grant to [*insert full name of holder*] of [*insert address of holder*] this mining licence. The licence is granted under section 25 of the Act and is effective *to/*for [*insert expiry date or term of years from date of registration*].\n\nThis licence is subject to the Schedule of Conditions attached and the following condition:\n\nThe licensee must, from the date of registration of the licence, expend  \n$ per year on work in the licensed area, unless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act.\n\n","sortOrder":111},{"sectionNumber":"Sch 5","sectionType":"schedule","heading":"Prospecting licence","content":"Schedule 5—Prospecting licence\n\nRegulation 28(3)\n\nI, [*insert name*], *the Minister/*acting as delegate of the Minister, grant to [*insert full name of holder*] of [*insert address of holder*] this prospecting licence. The licence is granted under section 25 of the Act and is effective *to/*for [*insert expiry date or term of years from date of registration*].\n\nThis licence is subject to the Schedule of Conditions attached and the following condition:\n\nThe licensee must, from the date of registration of the licence, expend  \n$ per year on work in the licensed area, unless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act.\n\n","sortOrder":112},{"sectionNumber":"Sch 6","sectionType":"schedule","heading":"Retention licence","content":"Schedule 6—Retention licence\n\nRegulation 28(4)\n\nI, [*insert name*], *the Minister/*acting as delegate to the Minister, grant to [*insert full name of holder*] of [*insert address of holder*] this retention licence. The licence is granted under section 25 of the Act, over the area described in the attached document plan.\n\nThe licence is effective *to/*for [*insert expiry date or term of years from date of registration*].\n\nThis licence is subject to the Schedule of Conditions attached and the following conditions:\n\n1. The licensee must expend in connection with retention licence activities of the land a minimum of the following (*remove where necessary, depending on term of years from date of registration*)—\n\n$ in the first year of the term of the licence;\n\n$ in the second year of the term of the licence;\n\n$ in the third year of the term of the licence;\n\n$ in the fourth year of the term of the licence;\n\n$ in the fifth year of the term of the licence;\n\n$ in the sixth year of the term of the licence;\n\n$ in the seventh year of the term of the licence;\n\n$ in the eighth year of the term of the licence;\n\n$ in the ninth year of the term of the licence;\n\n$ in the tenth year of the term of the licence—\n\nunless this requirement is varied, or application of this requirement is suspended for a specified period, in accordance with the Act.\n\n2. The reporting date is [*insert reporting date*] annually.\n\n","sortOrder":113},{"sectionNumber":"Sch 7","sectionType":"schedule","heading":"Information required in notice of application for renewal of mining licence to owner and occupier of land","content":"Schedule 7—Information required in notice of application for renewal of mining licence to owner and occupier of land\n\nRegulation 35\n\n1. The name and address of the applicant/s (if the applicant is a company, the registered address of the company).\n\n2. Details of the application for renewal, including the following—\n\n(a) the number of the licence to which the application relates;\n\n(b) the locality of the land to which the application relates;\n\n(c) the area of land to which the application relates in hectares;\n\n(d) the date of the application;\n\n(e) the term of renewal applied for;\n\n(f) the nature of the proposed program of work.\n\n3. Signature of the applicant/s.\n\n4. Date of application.\n\n","sortOrder":114},{"sectionNumber":"Sch 8","sectionType":"schedule","heading":"Fire risk management plan for coal mines","content":"Schedule 8—Fire risk management plan for coal mines\n\nRegulation 40(b)(iii)\n\n1. The fire risk management plan must be prepared with the input of an independent expert with appropriate expertise in mine safety and fire prevention, mitigation and suppression.\n\n2. The fire risk management plan must—\n\n(a) specify all fire hazards; and\n\n(b) specify key sensitive receptors; and\n\n(c) assess the risks that the identified fire hazards pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work described in the work plan; and\n\n(d) specify appropriate controls to eliminate or minimise, as far as reasonably practical, the risks identified under paragraph (c); and\n\n(e) specify and quantify the objectives, standards or acceptance criteria that each control measure or a combination of control measures will achieve; and\n\n(f) specify how the control measures will be implemented and continuously improved; and\n\n(g) specify procedures for the regular testing of the control measures; and\n\n(h) specify procedures for the monitoring and reporting of the status, performance and effectiveness of the control measures; and\n\n(i) specify the procedures for regular review and updating of the plan and whenever the hazards or the risks change; and\n\n(j) specify mine emergency procedures to be followed in the case of a fire.\n\n3. For the purposes of subclause 2(c), an assessment of the risk of fire hazards must have regard to—\n\n(a) the likelihood of fire entering or breaking out in the work plan area and causing or contributing to any harm or damage to the environment, to any member of the public, or to land, infrastructure or property in the vicinity of the work described in the work plan; and\n\n(b) the severity or consequence of the harm or damage that may be caused.\n\n","sortOrder":115},{"sectionNumber":"Sch 9","sectionType":"schedule","heading":"Work plan fees for mining licences and prospecting licences","content":"Schedule 9—Work plan fees for mining licences and prospecting licences\n\nRegulations 47 and 49\n\n1 Definitions\n\n(1) In this Schedule—\n\n***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**;\n\n***SE work plan*** means a work plan or variation to a work plan for work in respect of which a planning permit is required;\n\n***sensitive location***, in relation to a mine,  means—\n\n(a) a residence, school, kindergarten, aged care facility, hospital, childcare centre or community facility; or\n\n(b) a place or class of places declared under subclause (2) to be a sensitive location—\n\nbut 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.\n\n(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.\n\n(3) In determining the perimeter of the area for the purposes of this Schedule, any buffer zone in or in relation to that area is to be excluded.\n\n2 Fee for lodgement of work plan\n\nThe fees for lodging a work plan are specified in the following Table.\n\n**Table**\n\n| *Column 1* | *Column 2* | *Column 3* | |\n| --- | --- | --- | --- |\n|  |  | *Fee* | |\n| *Item* | *Category* | *SE work plan* | *EES work plan* |\n| 1 | Prospecting licence or a mining licence that covers an area of 5 hectares or less | 123⋅4 fee units | N/A |\n| 2 | For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has no sensitive locations within 200 metres of the perimeter of the area covered by the work plan | 308⋅4 fee units | 1233⋅8 fee units |\n| 3 | For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has one or more sensitive locations within 200 metres of the perimeter of the area covered by the work plan | 370⋅1 fee units | 1233⋅8 fee units |\n| 4 | For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has no sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 308⋅4 fee units | 1233⋅8 fee units |\n| 5 | For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has one or more sensitive locations within 500 metres of the perimeter of the area covered by the work plan | 740⋅3 fee units | 2467⋅5 fee units |\n| 6 | For a mining licence, in respect of a mine that is a declared mine | 740⋅3 fee units | 2467⋅5 fee units |\n\n3 Fee for varying a work plan\n\nThe fees for varying a work plan are specified in the following Table.\n\n**Table**\n\n| *Column 1* | *Column 2* | *Column 3* | | |\n| --- | --- | --- | --- | --- |\n|  |  | *Fee* | | |\n| *Item* | *Category* | *SE work plan* | *EES work plan* | *Other work plan* |\n| 1 | A prospecting licence, or a mining licence that covers an area of 5 hectares or less | 114⋅4 fee units | N/A | 38⋅1 fee units |\n| 2 | For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has no sensitive locations within 200 metres of the perimeter of the area covered by the application | 305⋅0 fee units | 1143⋅8 fee units | 95⋅3 fee units |\n| 3 | For a mining licence, in respect of a mine that is not a declared mine with no blasting involved and that has one or more sensitive locations within 200 metres of the perimeter of the area covered by the application | 381⋅3 fee units | 1143⋅8 fee units | 114⋅4 fee units |\n| 4 | For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has no sensitive | 305⋅0 fee units | 1143⋅8 fee units | 95⋅3 fee units |\n|  | locations within 500 metres of the perimeter of the area covered by the application |  |  |  |\n| 5 | For a mining licence, in respect of a mine that is not a declared mine with blasting involved and that has one or more sensitive locations within 500 metres of the perimeter of the area covered by the application | 762⋅5 fee units | 2287⋅5 fee units | 228⋅8 fee units |\n| 6 | For a mining licence, in respect of a mine that is a declared mine | 762⋅5 fee units | 2287⋅5 fee units | 228⋅8 fee units |\n\n","sortOrder":116},{"sectionNumber":"Sch 10","sectionType":"schedule","heading":"Miner's right","content":"Schedule 10—Miner's right\n\nRegulation 58\n\n$ [*cost of miner's right*]\n\nPlace issued:\n\nDate:\n\nIssued to [*Insert full name*]\n\nof [*Insert full residential/business address*]\n\nunder the **Mineral Resources (Sustainable Development) Act 1990**, to be in force from [*insert date on which the term of the miner's right begins*] until [*insert date on which the term of the miner's right ends*].\n\nI, the holder of this miner's right, agree to search for minerals only in the circumstances authorised by section 55 of the Act and to comply with section 58 of the Act.\n\nSignature of holder:\n\nSignature of person authorised to issue:\n\n","sortOrder":117},{"sectionNumber":"Sch 11","sectionType":"schedule","heading":"Tourist Fossicking Authority","content":"Schedule 11—Tourist Fossicking Authority\n\nRegulation 59\n\nAuthority no.\n\nI, [*insert name*], *the Minister/*acting as delegate of the Minister, grant to [*insert full name of holder*] of [*insert address of holder*] this tourist fossicking authority. The authority is granted under section 61 of the Act, over the area described in the attached document plan.\n\nThe authority is effective *to/*for [*insert expiry date or term of years from* *date of registration*].\n\nThis licence is subject to the Schedule of Conditions attached.\n\n","sortOrder":118},{"sectionNumber":"Sch 12","sectionType":"schedule","heading":"Stability requirements and processes for declared mines","content":"Schedule 12—Stability requirements and processes for declared mines\n\nRegulation 63\n\n1. Any geological information, in addition to that required under regulation 40, that is relevant to the stability of the declared mine, including a plan showing cross-sections and long sections of the proposed extraction area of the declared mine.\n\n2. An assessment of the geotechnical and hydrogeological risks for the declared mine.\n\n3. A description of the control measures proposed to be implemented to eliminate or reduce the geotechnical or hydrogeological risks to an acceptable level including—\n\n(a) a description of any proposed groundwater control system; and\n\n(b) particulars of other measures to ensure the stability of the mine, associated infrastructure and adjacent land.\n\n4. A plan for monitoring the stability and groundwater management of the declared mine.\n\n5. A description of the process for reviews of the assessment, plan, actions and control measures referred to in this Schedule relating to the declared mine.\n\nSch. 13 amended by S.R. No. 108/2025 reg. 7.\n\n","sortOrder":119},{"sectionNumber":"Sch 13","sectionType":"schedule","heading":"Information in documents required to be recorded in the mining register","content":"Schedule 13—Information in documents required to be recorded in the mining register\n\nRegulation 65\n\n| *Column 1*<br>*Provision of the Act* | *Column 2*<br>*Document* | *Column 3*<br>*Information to be included* |\n| section 69(2)(a)(i) | Licence | Licence type/number, Date of grant of licence, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Map of area, Stratum of land (if relevant) |\n| section 69(2)(a)(ia) | Instrument of refusal of application for licence | Licence application type/number, Date refused, Name/s of applicant/s, Address/es of applicant/s |\n| section 69(2)(a)(ii) | Compensation agreement | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Title description of land covered by agreement, Names of parties to agreement |\n| section 69(2)(a)(iii) | Rehabilitation bond relating to a licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Bond amount, Date of bond document, Date bond received |\n| section 69(2)(a)(iiia) | Consent of owner to work near a dwelling house | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Name/s of owner/s, Address/es of owner/s, Title details of land subject to consent, Depth or distance restrictions (if relevant) |\n| section 69(2)(a)(iiib) | Authorisation of Minister to work near a dwelling house | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Name/s of owner/s, Address/es of owner/s, Title details of land subject to authorisation |\n| section 69(2)(a)(iv) | Approved work plan relating to a licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Date of work plan approval or date of variation approval, Description of the area covered by approved work plan, Nature of work, Conditions on approved work plan (if relevant), Stratum of land (if relevant) |\n| section 69(2)(a)(vi) | Instrument of renewal of licence including notice of decreased area and of any changed conditions | Licence type/number, Date of renewal of licence, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Description of the area relinquished/refused (if relevant), Stratum of land (if relevant), Description of the general nature and purpose of any changed conditions |\n| section 69(2)(a)(vii) | Instrument of refusal to renew licence | Licence type/number, Date refused, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Stratum of land (if relevant) |\n| section 69(2)(a)(viii) | Instrument of variation of licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) (if relevant), Date of variation, Description of the general nature and purpose of the variation, Stratum of land (if relevant) |\n| section 69(2)(a)(ix) | Instrument of amalgamation of licences | Licence type/numbers, Date of grant of licences, Amalgamated licence number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) of amalgamated licence, Date of amalgamation, Stratum of land (if relevant) |\n| section 69(2)(a)(x) | Notice of surrender of licence | Licence type/number, Date notice of surrender submitted, Name/s of licensee/s, Address/es of licensee/s, Area surrendered (ha/graticules), Area retained (ha/graticules) (if relevant), Stratum of land (if relevant) |\n| section 69(2)(a)(xi) | Instrument of cancellation of licence | Licence type/number, Date of notice of intention to cancel, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Date of cancellation, Stratum of land (if relevant) |\n| section 69(2)(a)(xii) | Instrument of variation, suspension, revocation or addition of licence conditions | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules) (if relevant), Date of instrument approval, Description of the general nature and purpose of the instrument, Stratum of land (if relevant) |\n| section 69(2)(a)(xiii) | Approved instrument of transfer of licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Area (ha/graticules), Date of instrument approval, Name/s of transferee/s, Address/es of transferee/s, Stratum of land (if relevant) |\n| section 69(2)(a)(xiv) | Instrument for creating, assigning or affecting interests in, or conferred by, licence (including mortgages) | Licence type/number, Name/s of licensee/s, Area (ha/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Summary of the interests created, assigned or affected, Stratum of land (if relevant) |\n| section 69(2)(a)(xv) | Instrument for devolution of licence or interest in, or conferred by, licence | Licence type/number, Name/s of licensee/s, Area (ha/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Stratum of land (if relevant) |\n| section 69(2)(a)(xva) | Instrument (including mortgages) for the termination or cancellation of interests in, or conferred by, licence | Licence type/number, Name/s of licensee/s, Area (ha/graticules), Name/s of other parties involved, Address/es of parties involved, Description of the general nature and purpose of the instrument, Summary of the interests cancelled or terminated by the instrument, Stratum of land (if relevant) |\n| section 69(2)(a)(xvb) | Written undertakings entered into under section 107 in relation to a licence | Licence type/number, Name/s of licensee/s, Description of the general nature and purpose of undertaking, Description of the terms of each undertaking |\n| section 69(2)(a)(xvi) | Determination of the Tribunal or the Supreme Court as to the amount of compensation payable | Licence type/number, Name/s of licensee/s, Address/es of parties involved, Title description of land covered by agreement, Names of parties to agreement |\n| section 69(2)(a)(xvii) | Instrument of work plan minor variation of a licence | Licence type/number, Name/s of licensee/s, Address/es of licensee/s, Date of variation, Description of the general nature and purpose of the minor variation, Stratum of land (if relevant) |\n\n","sortOrder":120},{"sectionNumber":"Sch 14","sectionType":"schedule","heading":"Infringements","content":"Schedule 14—Infringements\n\nRegulation 68\n\n| *Column 1*<br>*Item* | *Column 2*<br>*Infringement offence* | *Column 3*<br>*Infringement penalty* |\n| 1 | An offence under section 8(1) of the Act | 25 penalty units in the case of a corporation or 5 penalty units in any other case |\n| 2 | An offence under section 14(2A) of the Act | 6 penalty units |\n| 3 | An offence under section 14BA of the Act | 6 penalty units |\n| 4 | An offence under section 26AT of the Act | 1 penalty unit |\n| 5 | An offence under section 26AV of the Act | 25 penalty units in the case of a corporation or 5 penalty units in any other case |\n| 6 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work in an area or at a location that is not authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 7 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work outside of the hours authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 8 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work in buffer zones that is not authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 9 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing blasting work that is not authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 10 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds blasting limits specified in the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 11 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that discharges water other than as authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 12 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds noise limits specified in the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 13 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing drilling work that is not authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 14 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that exceeds dust limits specified in the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 15 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by doing work that removes native vegetation other than as authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 16 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by constructing a fence that is not in accordance with the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 17 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by rehabilitation of a drillhole that is not in accordance with the licence or work plan, including but not limited to failing to plug a drillhole | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 18 | An offence under section 39(1) of the Act constituted by a contravention of the licence or the approved work plan by storing, handling, transporting, using, disposing or discharging a chemical other than as authorised by the licence or work plan | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 19 | An offence under section 39(5) of the Act | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 20 | An offence under section 42(1) of the Act | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 21 | An offence under section 43(1) of the Act | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 22 | An offence under section 58(1)(a) of the Act | 10 penalty units |\n| 23 | An offence under section 58(1)(b) of the Act | 10 penalty units |\n| 24 | An offence under section 58(1)(c) of the Act | 10 penalty units |\n| 25 | An offence under section 58(1)(d) of the Act | 10 penalty units |\n| 26 | An offence under section 58(2) of the Act | 5 penalty units |\n| 27 | An offence under section 62(1)(a) of the Act | 10 penalty units |\n| 28 | An offence under section 62(1)(b) of the Act | 10 penalty units |\n| 29 | An offence under section 62(1)(c) of the Act | 10 penalty units |\n| 30 | An offence under section 62(1)(d) of the Act | 10 penalty units |\n| 31 | An offence under section 62(2) of the Act | 10 penalty units |\n| 32 | An offence under section 62(3) of the Act | 5 penalty units |\n| 33 | An offence under section 80(4A) of the Act | 25 penalty units in the case of a corporation or 5 penalty units in any other case |\n| 34 | An offence under section 80(6) of the Act | 60 penalty units in the case of a corporation or 12 penalty units in any other case |\n| 35 | An offence under section 95R(2)(a) of the Act | 30 penalty units in the case of a corporation or 6 penalty units in any other case |\n| 36 | An offence under section 110(3) of the Act | 30 penalty units in the case of a corporation or 6 penalty units in any other case |\n| 37 | An offence under section 113A(3) of the Act | 5 penalty units |\n| 38 | An offence under section 116(1) of the Act | 2 penalty units |\n| 39 | An offence under regulation 8(2) | 5 penalty units |\n| 40 | An offence under regulation 51(3) | 5 penalty units |\n| 41 | An offence under regulation 51(4) | 5 penalty units |\n| 42 | An offence under regulation 52 | 5 penalty units |\n\n","sortOrder":121},{"sectionNumber":"Sch 15","sectionType":"schedule","heading":"Landowner's consent under section 45","content":"Schedule 15—Landowner's consent under section 45\n\nRegulation 70\n\nIMPORTANT NOTICE TO LANDOWNER—PLEASE READ BEFORE SIGNING\n\nThe licensee is prohibited by section 45(1) of the **Mineral Resources (Sustainable Development) Act 1990** (***the Act***) from doing any work within 100 metres laterally of a dwelling house that existed before an approved work plan was registered in respect of the licence or within 100 metres below that area, unless the licensee has the written consent of the owners of the land on which that dwelling house is located or an authority from the Minister.\n\n***Work*** is defined in section 45(7) of the **Mineral Resources (Sustainable Development) Act 1990** and covers a range of mining-related activities. The licensee proposes to do work in accordance with the description or work plan attached to this form.\n\nBy signing this form, you give your written consent to the licensee doing work within 100 metres laterally of a dwelling house situated on your land or within 100 metres below that area.\n\n**What happens if I give consent?**\n\nYour consent is voluntary. You are not required to sign this form.\n\n**If you do give consent:**\n\n1. You cannot withdraw your consent and any subsequent owner of the land cannot withdraw a consent you have given.\n\n2. Your consent binds all subsequent owners and occupiers of the land.\n\n3. If the land is owned by 2 or more people, all the owners must give their consent by signing this form and each owner's signature will need to be witnessed.\n\n4. You may make your consent conditional on depth or distance restrictions.\n\n**Before you sign this form:**\n\nYou may wish to seek advice before you decide whether to give consent.\n\nLANDOWNER'S CONSENT UNDER SECTION 45\n\n| **Office Use only:** |\n| --- |\n\n**LICENSEE:**\n\nName of Licensee:\n\nAddress of Licensee:\n\nLicence Number and Type:\n\n**LANDOWNER(S):**\n\nName:\n\nAddress:\n\nName:\n\nAddress:\n\n**PARTICULARS OF LAND:**\n\nAddress/description:\n\nTitle Particulars:\n\n*I am/*we are the owner(s) of the land set out above. *I/*we understand that the licensee is prohibited by sections 45(1)(a)(i) and 45(1)(b) of the **Mineral Resources (Sustainable Development) Act 1990** from doing work within 100 metres laterally of a dwelling house situated on the land or within 100 metres below that area, unless *I/*we give written consent.\n\n*I/*we consent to the licensee doing work within and below the area otherwise prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Act in accordance with the description or work plan attached to this consent.\n\n*This consent is given subject to the following condition(s) as to distance or depth:\n\nOR\n\n*This consent is not subject to any conditions.\n\n*I/*We have read the notice to landowners, above, and understand that:\n\n• *My/*our consent is voluntary; and\n\n• *I/*we cannot withdraw this consent; and\n\n• this consent binds all subsequent owners and occupiers of the land.\n\nSignature of landowner:\n\nName of landowner:\n\nWitnessed by:\n\nSignature of witness:\n\nName of witness:\n\nDate:\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019, S.R. No. 48/2019 were made on 18 June 2019 by the Governor in Council under section 124 of the **Mineral Resources (Sustainable Development) Act 1990**, No. 92/1990 and came into operation on 1 July 2019: regulation 3.\n\nThe Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 will sunset 10 years after the day of making on 18 June 2029 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nMineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2019, S.R. No. 138/2019\n\n| *Date of Making:* | 10.12.19 |\n| *Date of Commencement:* | 1.1.20: reg. 3 |\n\nMineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2020, S.R. No. 56/2020\n\n| *Date of Making:* | 23.6.20 |\n| *Date of Commencement:* | 23.6.20: reg. 3 |\n\nMineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2022, S.R. No. 97/2022\n\n| *Date of Making:* | 27.9.22 |\n| *Date of Commencement:* | 30.9.22: reg. 3 |\n\nMineral Resources (Sustainable Development) (Mineral Industries) Amendment Regulations 2025, S.R. No. 108/2025\n\n| *Date of Making:* | 14.10.25 |\n| *Date of Commencement:* | 20.10.25: reg. 3 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 24(3): S.R. No. 43/2015 as amended by S.R. No. 189/2018.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  ——\n\n  **Table of Applied, Adopted or Incorporated Matter**\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 48/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | Regulation 11 | ISO 1928:2009(E) Solid Mineral Fuels – Determination of gross calorific value by the bomb calorimetric method and calculation of net calorific value published by the International Organization for Standardization in June 2009, Third Edition 2009-06-01. | The whole |\n\n   [↑](#endnote-ref-2)","sortOrder":122}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":826},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original 2019 scope. The 2022 amendments (S.R. No. 97/2022) added entire new Parts 5A and 5B, plus extensive Division 3 regulations (64A-64M) for declared mine rehabilitation, creating a comprehensive post-closure regulatory framework for large coal mines. The 2025 amendment added regulation 64S and Schedule 13 amendments for work plan minor variations. The declared mine provisions now encompass stability levies, detailed rehabilitation planning with 12 prescribed closure criteria, stakeholder engagement mandates, a Declared Mine Fund, and a registration system—transforming what began as procedural regulations into a complex environmental and financial assurance regime for mine closure."},"complexity_factors":["Extensive cross-referencing to the parent Act (Mineral Resources (Sustainable Development) Act 1990) and other legislation (Environment Protection Act 2017, Native Title Act 1993, etc.)","Multiple licence types with overlapping but distinct requirements (exploration, mining, prospecting, retention)","Detailed mathematical formulas for calculating lignite royalties using technical measurements (net wet specific energy, in situ density)","Nested conditional requirements—different rules apply based on licence type, mine size, date of application, whether blasting is involved, proximity to sensitive locations, etc.","15 schedules containing detailed forms, tables, and additional requirements","Multiple amendment instruments incorporated (2019, 2020, 2022, 2025) creating layered temporal applicability","Declared mine provisions add entire additional regulatory framework with consultation requirements, rehabilitation plans, closure criteria, and fund mechanisms","Fee structures vary by multiple intersecting factors (licence type, mine type, environmental assessment pathway, blasting, sensitive locations)"],"plain_english_summary":"These regulations set out the detailed rules for mining and mineral exploration in Victoria. They cover:\n\n**Who it affects:** Mining companies, exploration companies, prospectors, and anyone seeking licences to extract minerals (including coal, gold, and other minerals) from Victorian land.\n\n**Key things the rules do:**\n\n- **Royalties:** Mining companies must pay the government 2.75% of the market value of minerals they extract (with some exceptions, like the first 2,500 ounces of gold). Special rules apply for lignite (brown coal) and tailings.\n\n- **Licences:** Four types of licences exist—exploration licences (to search for minerals), mining licences (to extract minerals), prospecting licences (small-scale mining), and retention licences (to hold rights while assessing economic viability). Each has detailed application requirements, fees, and conditions.\n\n- **Work plans:** Before mining, companies must submit detailed plans covering how they'll identify hazards, manage risks, rehabilitate land afterwards, and consult with local communities. Special fire risk plans are required for coal mines.\n\n- **Declared mines:** Large coal mines in the Latrobe Valley (Yallourn, Hazelwood, Loy Yang) face extra requirements including a stability levy ($34,868 fee units annually), detailed rehabilitation plans, and a special fund to ensure money is available for cleanup after closure.\n\n- **Reporting:** Licence holders must submit regular reports on their activities, expenditure, and any incidents like explosions, fires, or environmental spills.\n\n- **Community protection:** Landowners must be notified of licence applications, and companies need consent to work near homes. Public advertising and consultation requirements apply.\n\n- **Fees and penalties:** Numerous fees apply (calculated in \"fee units\"), and breaches can attract infringement penalties ranging from 1 to 60 penalty units.\n\n**Why it matters:** These rules ensure mining activities are properly regulated, environmental and safety risks are managed, communities are consulted, land is rehabilitated after use, and the state receives fair compensation for extracted resources. The declared mine provisions particularly ensure large coal mines don't leave taxpayers with cleanup costs."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Yes. The Regulations have materially expanded beyond basic administrative prescription to include a detailed declared‑mine framework and financial instruments that were not simply boilerplate licensing rules. Key scope extensions include:\n\n- A declared-mine regime with strict timeframes for preparing declared mine rehabilitation plans, detailed closure criteria and post‑closure plans, formal stakeholder consultation requirements and Department Head/Ministerial processes for approval and variation (regs 64A–64M, 64F–64J, Schedule 12). \n\n- A specific mine stability levy and prescribed list of Latrobe Valley coal mines with a substantial annual levy amount (regs 60–62), concentrating a new financial obligation on named operators.\n\n- Processes and criteria for the Declared Mine Fund and for determining rehabilitation bond amounts on licence cancellation or closure determinations (regs 64N–64Q).\n\nThese additions (introduced by later amending rules reflected in the Version No. 005 compilation) move the instrument beyond routine fee/form prescription into substantive, project‑level rehabilitation and closure governance, increased technical prescription, and targeted financial burdening for particular licences and mines."},"complexity_factors":["Comprehensive coverage across 74+ regulations and 15 Schedules (large document length).","Multiple defined terms in regulation 4, some with amendment history and cross‑referencing (e.g. net market value, work plan area, rehabilitation milestones).","Extensive cross-references to the Mineral Resources (Sustainable Development) Act 1990 and several other Acts (Native Title Act 1993, Traditional Owner Settlement Act 2010, Environment Protection Act 2017, Environment Effects Act 1978, Planning and Environment Act 1987, Water Act 1989).","Numerous conditional rules and date-dependent provisions (e.g. differing rehabilitation requirements pre/post 1 July 2020 — reg 43(2)/(4); transitional savings regs 71–73).","Layered, nested processes for declared mines and closure (regs 64A–64M, Part 5A/B) with multiple consultation and timing windows (28, 60 and 90 day periods).","Large, tiered fee and penalty schedules with conditional categories (Schedule 9 fee tables, Schedule 14 infringement table).","Multiple administrative discretions vested in Minister and Department Head (varying royalty periods, determining net market value, approving forms/methods).","Technical measurement formulas and standards (lignite gigajoule measurement using ISO 1928:2009 in reg 11, density formula and sampling requirements).","Several specialised pathways (tenders, declared-mine registration, Declared Mine Fund determinations) increasing branching logic and participant-specific rules."],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- It sets out the detailed rules that operate under the Mineral Resources (Sustainable Development) Act 1990: how licences are applied for, assessed, granted, varied and renewed; what must be in work plans; how royalties and special levies are calculated and paid; what reporting and record-keeping is required; what fees apply; which breaches are dealt with by infringement notices; and the form, content and administrative processes for declared-mine rehabilitation, closure determinations and a declared-mine register (see regs 1, 5–11, 12–57, 60–67, 68, 64A–64R). \n\n- It prescribes precise fees, measurement methods, timeframes and forms (for example: licence application fees (reg 19), work-plan fees (Schedule 9), royalty rates and calculation rules (regs 6, 11), and the form of licences and authorities (Schedules 3–6, 10–11)).\n\n**Who is affected**\n\n- Licensees and applicants under the Act: holders or applicants for exploration, mining, prospecting and retention licences (see Part 3, regs 12–39).\n- Declared-mine licensees (special additional rules apply to declared mines, including Latrobe Valley coal mines named in reg 60 and the mine stability levy in regs 61–63).\n- Landowners and occupiers near proposed work (notice, consent and consultation requirements in regs 22–24, 35, Schedule 15).\n- The Department Head and Minister (administration, approvals, discretion and enforcement powers are allocated to them throughout the Regulations).\n- Other public bodies involved in approvals and oversight (Environment Protection Authority, Rehabilitation Authority, planning/responsible authorities) are specified consultees in declared-mine and rehabilitation processes (regs 64L, 64G, 64P).\n\n**Why it matters (practical effects and the incentives it creates)**\n\n- Royalties and payments: it fixes royalty mechanics and rates — 2.75% of net market value for most minerals (reg 6), special rules for lignite measurement (reg 11), and exemptions/limits for gold production (reg 6(1B), reg 74). Licensees therefore pay predictable percentage royalties and must keep supporting records for five years (reg 10). The Minister may override reported net market value after giving notice and considering submissions (reg 7), creating compliance and verification risk for licence holders.\n\n- Fees and administrative charges: applicants and licensees pay defined fees for applications, renewals, tenders, work plan lodgement and variations (regs 19, 27, 34, 47, Schedule 9). Fee amounts are tied to “fee units” so they vary with the monetary-unit index (Explanatory details).\n\n- Reporting and record-keeping: licensees must submit production and royalty returns within 30 days of period end (reg 8), keep production and cost records for at least five years (reg 10), and provide annual returns and technical reports with detailed technical and expenditure breakdowns (regs 53–57). Declared mines have additional six-month reporting (reg 64). The effects: increased administrative and compliance costs and a steady flow of technical data to the Department.\n\n- Work plans and rehabilitation: work plans must include hazard identification, risk management, community consultation plans and detailed rehabilitation outcomes, criteria and milestones (regs 40–46, 43). From 1 July 2020 more prescriptive rehabilitation information is required (reg 43(2)). Declared mines face a separate, more detailed declared-mine rehabilitation plan regime (regs 64A–64M, Schedule 12) including closure criteria (reg 64C), post‑closure plans (reg 64D), stakeholder consultation (regs 64F–64H), and processes for Department Head consideration (regs 64K–64M). This raises the bar on technical, monitoring and long-term cost planning for rehabilitation and closure.\n\n- Special levies and funds: a mine stability levy applies to specified Latrobe Valley coal mines (regs 60–62). The Regulations also set out the factors and processes for a Declared Mine Fund and how contributions/bonds are determined on licence cancellation or closure determination (regs 64N–64Q). This shifts some long‑term monitoring and remediation cost risk toward licence holders (and potentially into a Crown-held fund if licence obligations are not met).\n\n- Enforcement and certainty: many contraventions of licence or work‑plan conditions are prescribed as infringement offences with set penalty-unit amounts (reg 68 and Schedule 14). That creates a clearer civil-enforcement path (infringements) for many routine breaches rather than relying only on prosecution.\n\n**Who pays, who decides, and what behaviour changes**\n\n- Who pays: licence applicants and holders pay application fees, rents and work-plan fees (regs 19, 29, 47, Schedule 9), royalties (reg 6) and specific levies (reg 61) and may be required to contribute to a Declared Mine Fund or provide bonds (regs 64Q). They also bear the direct costs of preparing detailed technical and rehabilitation plans, monitoring and community consultation.\n\n- Who decides: the Department Head administers forms, approvals and technical guidance (regs 12, 18, 40, 64I). The Minister retains strategic powers: to vary reporting/payment periods, determine net market value where a submission is questioned, approve timeframes for rehabilitation plans, and determine amounts payable into the Declared Mine Fund (regs 5(2), 7, 9(3), 64B, 64Q). The Chief Inspector and EPA have roles in incident reporting and consultation (reg 51; regs 64L, 64P).\n\n- Behaviour changes incentivised: licensees will allocate resources to meet detailed planning, monitoring and reporting requirements (work-plan content, annual technical reports and declared mine plans). They face incentives to maintain accurate sales and cost records (reg 10) because the Minister can re‑value net market value (reg 7). Owners of mining projects — especially declared mines or those near sensitive locations — must budget for higher work-plan fees and detailed rehabilitation measures (Schedule 9, regs 43, 64F). The declared-mine rules create an incentive to achieve closure criteria and to quantify post‑closure liabilities carefully to avoid larger bond or fund contributions (regs 64C, 64N, 64Q).\n\n**Costs, trade-offs and implementation risks (analyst’s lens)**\n\n- Compliance cost vs regulatory certainty: the Regulations are prescriptive about content and format of technical and rehabilitation material (regs 40–46, 64F). That raises compliance costs (technical studies, competent persons, community engagement), but it reduces regulatory ambiguity about what the Department expects.\n\n- Concentrated vs diffuse burdens: some measures are targeted (e.g., the mine stability levy is fixed and applies only to named Latrobe Valley mines under regs 60–62). That produces concentrated costs for specified operators while spreading regulatory reporting obligations across all licence classes.\n\n- Discretion and timing risk: several important powers are discretionary (Minister may vary royalty or levy periods, set payment dates, determine net market value, approve extension periods for declared-mine plans — regs 5(2), 7, 9(3), 64B). Discretion speeds decision-making flexibility but creates uncertainty for operators planning cash flows.\n\n- Data, verification and rent-risk: detailed reporting and the Minister’s ability to reassess net market value (reg 7) increase the Department’s ability to verify payments — and increase the risk of adjustments. Licensees need robust internal accounting and audit trails.\n\n- Administrative capacity: the Department Head must approve many forms, methods and guidelines (regs 12(2), 18, 22(2), 40 note, 64I). Effective implementation depends on sufficient resourcing of the Department and consulted agencies (EPA, Rehabilitation Authority). Delays or guideline gaps could slow approvals and add cost to projects.\n\n**Concrete mechanics cited**\n\n- Royalty rate for most minerals: 2.75% of net market value (reg 6(1)).\n- Royalty returns required: within 30 days after the end of each relevant period (reg 8(2)); records retained at least 5 years (reg 10(1)).\n- Licence application fees: exploration 145.8 fee units; mining 262.3 fee units; prospecting 50 fee units; retention 145.8 fee units (reg 19).\n- Work-plan fees: tiered table based on mine type, blasting and proximity to sensitive locations (Schedule 9).\n- Declared-mine rehabilitation planning: prescribed matters, closure criteria and post-closure plans and consultation (regs 64A–64J, 64C, 64D, 64F–64I).\n- Mine stability levy for named Latrobe Valley coal mines: 34,868 fee units per mine per financial year (regs 60–62).\n- Infringement offences and penalties: specified offences and penalty units in Schedule 14; many work-plan breaches attract up to 60 penalty units for corporations (reg 68, Schedule 14).\n\n**Bottom line (mechanical effect)**\n\nThe Regulations translate the Act’s high‑level licensing, royalty, rehabilitation and compliance powers into detailed, prescriptive administrative requirements, fees and enforcement mechanisms. They increase technical and reporting obligations (notably for rehabilitation and declared mines), set out precise fee and penalty schedules, and give the Department Head and Minister multiple points of procedural and substantive discretion that affect timing, costs and verification of mining activities."},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided in the source document to determine whether the scope of the regulations changed from the original legislative intent. The document appears to contain only metadata, headers, and version history fragments with no regulatory body text."},"complexity_factors":["Regulations sit beneath a parent Act, requiring readers to cross-reference the Mineral Resources (Sustainable Development) Act 1990 to understand the full legal framework","Mining regulations typically involve technical industry-specific terminology and processes","Multiple version history entries suggest amendments over time, creating potential complexity in identifying current obligations","The document as provided is severely incomplete or corrupted, making meaningful complexity assessment difficult — score reflects typical complexity of this class of regulation rather than confirmed content","Intersection of environmental, property, and commercial law creates layered obligations"],"plain_english_summary":"These regulations set out the practical rules for how mining and mineral exploration operate in Victoria under the Mineral Resources (Sustainable Development) Act 1990, governing licence holders’ day‑to‑day obligations such as environmental duties, land access and reporting.  \n\nThey primarily affect mining companies, explorers, landowners and regulators — and matter because breaches can bring penalties or licence loss. Note: the supplied source appears corrupted and lacks substantive text, so a full, reliable breakdown isn’t possible."}},"importantCases":[],"_links":{"self":"/api/acts/mineral-resources-sustainable-development-mineral-industries-regulations-2019","history":"/api/acts/mineral-resources-sustainable-development-mineral-industries-regulations-2019/history","analysis":"/api/acts/mineral-resources-sustainable-development-mineral-industries-regulations-2019/analysis","conflicts":"/api/acts/mineral-resources-sustainable-development-mineral-industries-regulations-2019/conflicts","importantCases":"/api/acts/mineral-resources-sustainable-development-mineral-industries-regulations-2019/important-cases","documents":"/api/acts/mineral-resources-sustainable-development-mineral-industries-regulations-2019/documents"}}