3AWork plans—extractive industry work authorities

3A Work plans—extractive industry work authorities (a) to the holder of an extractive industry work authority who has an approved work plan immediately before the commencement of section 27 of the amending Act; or (b) to a person who, before the commencement of section 27 of the amending Act, lodged a work plan under section 77G as in force before that commencement; or (c) to the holder of an extractive industry work authority who, before the commencement of section 27 of the amending Act, lodged an application for the variation of an approved work plan under section 77H as in force before that commencement. (2) Despite anything to the contrary in Part 6A of this Act, a person to whom this clause applies is not required to comply with the requirements for an approved work plan as in force after the commencement of section 27 of the amending Act if the approved work plan has not been varied after that commencement. (3) Part 6A of this Act as in force immediately before the commencement of section 27 of the amending Act continues to apply to the approval of a work plan to which subclause (1)(b) applies. (4) Despite subclauses (2) and (3), if the Department Head is satisfied that work set out in a work plan described in subclause (1)(a), (b) or (c) may pose an unacceptable risk to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of that work, the Department Head may direct that the work plan be varied so that it complies with section 77G(3) as amended by section 27 of the amending Act. (5) On making a determination under subclause (4), the Department Head must give the person who holds the extractive industry work authority or lodged the work plan written notice of the proposed variation, and the reasons for it, and give the person an opportunity to comment on the proposal. (6) After considering any comments made by the person who holds the extractive industry work authority or lodged the work plan, the Department Head may direct the person to lodge an application under section 77H for approval of the variation. 4 Endorsement of work plan or variation to approved work plan Section 77TD(1) of this Act as in force immediately before the commencement of section 33(1) of the amending Act continues to apply to a work plan or variation of an approved work plan received but not endorsed before that commencement. Sch. 11 inserted by No. 2/2026 s. 58. Schedule 11—Transitional provisions arising from the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Act 2026 ***amending Act*** means the **Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Act 2026**; ***commencement day*** means the day on which section 28 of the amending Act comes into operation; ***existing declared mine rehabilitation plan*** means a plan prepared under section 84AZU that is approved by the Department Head under section 84AZV before the commencement day. 2 Pending approvals (1) If a plan is prepared under section 84AZU(1) for approval by the Department Head and that approval is not finally determined under section 84AZV immediately before the commencement day, the approval must be determined in accordance with this Act as in force immediately before that commencement. (2) If the Department Head approves a declared mine rehabilitation plan in accordance with subsection (1), the declared mine rehabilitation plan is taken to be approved under section 84AZV as amended by the amending Act. 3 Existing declared mine rehabilitation plans An existing declared mine rehabilitation plan, on and from the commencement day, is taken to be approved by the Department Head under section 84AZV as amended by the amending Act. Endnotes 1 General information See [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. *Minister's second reading speech—* *Legislative Assembly: 29 May 1990* *Legislative Council: 27 November 1990* The long title for the Bill for this Act was "A Bill to provide a new legislative framework for the use of mineral resources in the State, to repeal the **Mines Act 1958**, to make consequential amendments to other legislation and for other purposes.". The **Mineral Resources Development Act 1990**, No. 92/1990 was assented to on 18 December 1990 and came into operation as follows: Section 126(2) on 1 November 1990: section 3(3); Schedule 1 item 18 on 1 December 1987: section 3(4); sections 1–125, 126(1)(3), 127, 128 (*except* Schedule 1 items 17, 24), 129 (Schedule 2 items 1–12) on 6 November 1991: Government Gazette 30 October 1991 page 2970; section 126(5) on 1 November 1997: Government Gazette 23 October 1997 page 2899; section 126(4). Section 126(4) not yet proclaimed.