What it does
The Mineral Resources (Sustainable Development) Act 1990 (the Act) establishes a comprehensive regulatory regime for the exploration, mining, and extraction of minerals and stone in Victoria. At its core, the Act prohibits unauthorised activities while providing a structured pathway for lawful operations that align with the State's economic, social, and environmental objectives (s.1 and s.2).
The Act operates through a tiered system of authorisations. Exploration licences (s.13), mining licences (s.14), prospecting licences (s.14B), and retention licences (s.14C) are granted under Part 2 following competitive or direct allocation processes, with rigorous fit-and-proper person assessments (s.16) and mineral resource descriptions required for mining and retention licences (s.15(1BB)–(1BF)). For extractive industries (defined in s.4(1) as the commercial extraction or removal of stone), work authorities are issued under Part 6A (s.77I), supported by work plans (s.77G). Low-impact exploration is exempt from full licensing (Sch.4A and s.7B), and aerial surveys are permitted without a licence if information is supplied under s.116 (s.8A).
Work cannot commence without an approved work plan (ss.39–40 for licences; ss.77G–77HB for extractive industries) that identifies risks to the environment, public, land, property, or infrastructure and specifies elimination or minimisation measures (s.40(3)(b)–(c)). Community engagement plans are mandatory for mining and prospecting (s.40(3)(d)) and extractive work authorities (s.77G(3)(e)). Declared mines and quarries (s.7C) face additional geotechnical, hydrogeological, and stability requirements (s.41AB; s.77KA), with specific rehabilitation plans under Part 7C.
Rehabilitation is a central pillar. Authority holders must rehabilitate land per approved plans or conditions (ss.78, 78A), supported by rehabilitation bonds (s.80) calculated via liability assessments (s.79A). For declared mine land, closure criteria must be met before registration in the declared mine land register (ss.84AZY–84AZZC), after which the Rehabilitation Authority assumes monitoring and maintenance responsibilities under registered post-closure plans (Part 7C Divs 3–6). The trailing liabilities scheme (Part 7C Div.8) allows the Minister to issue remedial directions to "called-back" persons—former licensees, related bodies corporate, or those determined under s.84AZZO—for ongoing rehabilitation costs (ss.84AZZQ–84AZZZ), even after licence surrender or cancellation.