77HApplication for variation of work plan

77H Application for variation of work plan (1) The holder of an extractive industry work authority who— S. 77H(1)(a) amended by No. 23/2023 s. 10. (a) subject to section 77HAA, proposes to vary an approved work plan; or S. 77H(1)(b) amended by No. 47/2015 s. 12. (b) is directed by the Department Head under section 77HA or clause 3A of Schedule 9 to lodge an application for approval of a variation of a work plan— must lodge an application for approval of the variation with the Department Head. S. 77H(1A) inserted by No. 2/2026 s. 35(1). (1A) The former holder of an extractive industry work authority who proposes to vary a rehabilitation plan included in an approved work plan must lodge an application for approval of the variation with the Department Head. S. 77H(2) amended by No. 2/2026 s. 35(2). (2) An application for approval of a variation under subsection (1) or (1A) must contain the prescribed information. (3) A proposed specified variation that is the subject of an application must be statutorily endorsed. S. 77HAA inserted by No. 23/2023 s. 11. 77HAA Minor variation of work plan (1) The holder of an extractive industry work authority may vary an approved work plan without lodging an application for approval of the proposed variation under section 77H(1) if— (a) the holder gives the Department Head notice of the proposed variation; and (b) the Department Head determines under subsection (2) that the proposed variation is a minor variation. (2) Within 28 days after receiving a notice under subsection (1)(a), the Department Head must— (a) determine whether or not the proposed variation is a minor variation; and (b) give the holder of the extractive industry work authority written notice of that determination and the reasons for it. (3) If the Department Head determines that a proposed variation is a minor variation, the proposed variation is taken to come into effect either— (4) If the Department Head does not comply with subsection (2) within the prescribed period after receiving the notice under subsection (1)(a), the Department Head is taken to have determined that the proposed variation is not a minor variation. (5) In this section— ***minor variation***, in relation to an approved work plan, means a variation to any part of that approved work plan that— (a) does not significantly increase the risk that the work set out in the approved work plan poses— (b) is not a specified variation; and (c) does not affect any liability to pay the environment mitigation levy within the meaning of the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**. S. 77HA (Heading) substituted by No. 23/2023 s. 12(1). S. 77HA inserted by No. 10/2014 s. 28. 77HA Department Head may direct holder to give notice of or lodge application for variation of work plan (1) The Department Head may, on his or her own initiative, determine that an approved work plan be varied. (2) On making a determination, the Department Head must give the holder of the extractive industry work authority written notice of the proposed variation, and the reasons for it, and give the holder an opportunity to comment on the proposal. S. 77HA(3) substituted by No. 23/2023 s. 12(2). (3) After considering any comments made by the holder of the extractive industry work authority, the Department Head may direct the holder— (a) if the variation is a minor variation, to give notice of the variation under section 77HAA(1)(a); or (b) in any other case, to lodge an application for approval of the variation. S. 77HA(4) inserted by No. 23/2023 s. 12(2). ***minor variation*** has the same meaning as in section 77HAA. S. 77HB inserted by No. 10/2014 s. 28. 77HB Approval of variation of work plan S. 77HB(1) amended by No. 2/2026 s. 36(1)(a). (1) On application by a holder or former holder of an extractive industry work authority under section 77H(1) or (1A) or 77KB for approval of the variation of a work plan, the Department Head must, within 28 days after the application is lodged— (a) approve the variation with or without conditions; or S. 77HB(1)(b) amended by No. 2/2026 s. 36(1)(b). (b) require the changes specified in a notice to the holder or former holder of the extractive industry work authority to be made before the variation will be approved; or (c) refuse to approve the variation. S. 77HB(2) amended by No. 2/2026 s. 36(2). (2) The Department Head must not approve a variation of a work plan unless the Department Head has consulted the municipal council in whose municipal district the land is situated. (3) Once the Department Head has decided to approve a variation, the approved work plan for the work authority is the work plan as amended by that variation. (4) The Department Head must— S. 77HB(4)(a) amended by No. 2/2026 s. 36(3)(a). (a) notify the holder or former holder of the work authority of the Department Head's decision on the application; and S. 77HB(4)(b) amended by No. 2/2026 s. 36(3)(b). (b) give the holder or former holder of the work authority a statement of reasons for the decision. S. 77HB(5) inserted by No. 1/2020 s. 141. (5) The Department Head, within 7 days after approving a variation of 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 as amended by the variation and any previous variations. S. 77HB(6) inserted by No. 1/2020 s. 141. ***levy area*** has the same meaning as in section 3 of the **Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020**. S. 77HC inserted by No. 10/2014 s. 29. 77HC Planning permits not required for some work variations (a) an extractive industry work authority holder proposes to vary an approved work plan that was approved in respect of work for which an Environment Effects Statement was prepared and assessed under section 77T; and (b) a permit is required to be obtained under a planning scheme for the new work that it is proposed to do. (2) The extractive industry work authority holder is not required to obtain a permit for that work only if— (a) the Minister, after consultation with the Minister administering the **Environment Effects Act 1978**, is satisfied that the new work will not cause any significant additional environmental impacts; and (b) the Department Head approves the variation. (3) If the Minister is not satisfied that the new work will not cause any significant additional environmental impacts, the holder of an extractive industry work authority is still not required to obtain a permit for that work if— (a) the Minister administering the **Environment Effects Act 1978** directs that a report be prepared on the additional environmental impacts that the new work may have; and (b) the report is made available for public inspection and comment for at least 28 days; and (c) after considering any comments made during that period, that Minister submits an assessment of the report to the Minister; and (d) the variation, in the form that it is approved by the Department Head, substantially complies with any requirements recommended by that assessment. S. 77I inserted by No. 6/2009 s. 20.