34Variation of licence

34 Variation of licence S. 34(1) amended by Nos 86/1993 s. 16(1), 82/2000 s. 29(1), substituted by No. 2/2026 s. 14(1). (1) Subject to subsections (1A) and (1B), the Minister may, by instrument served on the licensee— (a) vary a licence; or (b) vary, suspend or revoke a condition of a licence or add a new condition; or (c) vary, suspend or revoke a condition of a specified class of licence or add a new condition to a specified class of licence. S. 34(1A) inserted by No. 82/2000 s. 29(2), repealed by No. 63/2006 s. 20(1), new s. 34(1A) inserted by No. 2/2026 s. 14(1). (1A) The Minister must not vary the period for which a mining licence, or a class of mining licence, has effect. S. 34(1B) inserted by No. 2/2026 s. 14(1). (1B) The Minister may vary, suspend or revoke a condition of a specified class of licence or add a new condition to a specified class of licence under subsection (1)(c) without serving the instrument on each holder of a licence in the specified class if the Minister— (a) considers the variation, suspension, revocation or addition reasonably necessary for the purposes of responding to an emergency within the meaning of the **Emergency Management Act 2013**; and (b) publishes notice of the variation, suspension, revocation or addition in the Government Gazette and a newspaper circulating generally throughout Victoria; and (c) takes reasonable steps to serve the instrument on each holder of a licence in that specified class. S. 34(1C) inserted by No. 2/2026 s. 14(1). (1C) An instrument under subsection (1) must set out— (a) the variation, suspension, revocation or addition of a condition; and (b) any prescribed matter. (2) The Minister may act under subsection (1)— S. 34(2)(ab) inserted by No. 47/2015 s. 8(1). (ab) if the Minister decides it is necessary to eliminate or minimise the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; or S. 34(2)(b) amended by No. 47/2015 s. 8(2). (b) if the Minister decides it is necessary for the rehabilitation or stabilisation of the land to which the licence applies; or S. 34(2)(ba) inserted by No. 63/2006 s. 20(2)(a). (ba) if the Minister decides it is necessary to ensure that appropriate environmental offsets are provided for or implemented; or S. 34(2)(c) substituted by No. 63/2006 s. 20(2)(b). (c) if the Minister decides it is necessary for the protection of a community facility; or S. 34(2)(ca) inserted by No. 86/1993 s. 16(2). (ca) if the Minister decides it is necessary for the purpose of allowing access to and use of the land to which the licence applies by the holder of another licence that is limited to a particular stratum; or S. 34(2)(cb) inserted by No. 86/1993 s. 16(2), amended by Nos 63/2006 s. 20(2)(c), 10/2014 s. 11(1). (cb) if the Minister decides it is necessary because of any condition imposed on the approval of a work plan or of a variation of a work plan under section 40A or 41AAB; or S. 34(2)(cc) inserted by No. 2/2026 s. 14(2). (cc) in any other circumstances that the Minister considers appropriate; or (d) in any other circumstances that are prescribed. S. 34(2AA) inserted by No. 2/2026 s. 14(3). (2AA) Before acting under subsection (1), the Minister must take into account— (a) any significant benefits or adverse impacts on the licensee or any other person likely to result from the proposed action; and (b) any written comments or submissions received in response to, and in accordance with, a notice given under section 34A; and (c) any other matter that the Minister considers appropriate. S. 34(2A) inserted by No. 82/2000 s. 29(3), repealed by No. 63/2006 s. 20(3), new s. 34(2A) inserted by No. 10/2014 s. 11(2). (2A) The Minister may also act under subsection (1) to make compliance with the Code of Practice a condition of— (a) a mining licence that— (i) covers an area of 5 hectares or less; and (ii) does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments; or (b) a prospecting licence that does not involve underground operations, blasting, clearing of native vegetation or the use of chemical treatments. S. 34(3) amended by No. 86/1993 s. 16(3), substituted by No. 2/2026 s. 14(4). (3) A variation of a licence or a variation, suspension, revocation or addition of a licence condition has no effect until— (a) the day on which the instrument by which it was done is registered; or (b) any later day specified in the instrument. S. 34(4) inserted by No. 2/2026 s. 14(4). (4) Despite section 122, an instrument under subsection (1) may be served on a person by email or other electronic communication. S. 34A inserted by No. 2/2026 s. 15.