77GWork plan

77G Work plan (1) A person who proposes to apply for an extractive industry work authority to carry out an extractive industry must lodge a work plan with the Department Head. S. 77G(2) amended by No. 47/2015 s. 11. (2) Subsection (1) does not apply to a person who proposes to apply for an extractive industry work authority to carry out an extractive industry― S. 77G(2)(a) substituted by No. 68/2014 s. 45. (a) on land that has an area not exceeding 5 hectares and at a depth not exceeding 5 metres; and (b) that does not require blasting or the clearing of native vegetation― unless the Department Head declares, in writing, that the applicant must lodge a work plan. S. 77G(2A) inserted by No. 59/2010 s. 43. (2A) A specified work plan that is lodged under subsection (1) must be statutorily endorsed. S. 77G(3) amended by No. 55/2010 s. 50, substituted by No. 10/2014 s. 27(1) (as amended by No. 47/2015 s. 4). (3) A work plan must— (a) be appropriate in relation to the nature and scale of the extractive industry activities proposed to be carried out; and (b) identify the risks that the extractive industry activities may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the activities; and (c) specify what the person who proposes to apply for an extractive industry work authority will do to eliminate or minimise those risks as far as reasonably practicable; and (d) include a rehabilitation plan for the land proposed to be covered by the work authority; and (e) include a plan for consulting with the community that demonstrates that the extractive industry authority holder will use appropriate and effective measures to consult with the community throughout the period of the extractive industry work authority and is prepared in accordance with the regulations and any guidelines issued by the Minister relating to such plans (a ***community engagement plan***); and (f) if the extractive industry work authority relates to a declared quarry, contain the prescribed mine stability requirements and processes; and (g) contain any other matters required by the regulations. S. 77G(4) amended by No. 10/2014 s. 27(2). (4) The Department Head must, within 1 month after the work plan is lodged— (a) approve the work plan with or without conditions; or (b) require the changes to the rehabilitation plan or the work plan specified in a notice to the person lodging the plan to be made before the plan will be approved; or (c) refuse to approve the work plan— and notify, and give a statement of reasons for the decision to, the person who lodged the plan. S. 77G(5) inserted by No. 1/2020 s. 140. (5) The Department Head, within 7 days after approving a work plan relating to the carrying out of an extractive industry on land wholly or partly within the levy area, must give the Secretary to the Department of Environment, Land, Water and Planning— (a) written notice of that approval; and (b) a copy of the work plan. S. 77G(6) inserted by No. 1/2020 s. 140. ***levy area*** has the same meaning as in section 3 of the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**. S. 77H inserted by No. 6/2009 s. 20, amended by No. 59/2010 s. 44, substituted by No. 10/2014 s. 28.