77KExtractive industry work authority holder's duty to consult with community

77K Extractive industry work authority holder's duty to consult with community The holder of an extractive industry work authority has a duty to consult with the community throughout the period of the work authority by— (a) sharing with the community information about any activities authorised by the work authority that may affect the community; and (b) giving members of the community a reasonable opportunity to express their views about those activities. S. 77KA inserted by No. 55/2010 s. 52. 77KA Chief Inspector to be notified of reportable events in relation to quarries S. 77KA(1) amended by No. 2/2026 s. 7(1). (1) The holder or former holder of an extractive industry work authority who carries out an extractive industry at a quarry must report to the Chief Inspector in accordance with the regulations a reportable event at the quarry as soon as practicable after the reportable event occurs. S. 77KA(2) substituted by No. 2/2026 s. 7(2). ***reportable event*** means an event arising out of the carrying out of an extractive industry or rehabilitation prescribed as a reportable event for the purposes of this section. S. 77KB inserted by No. 55/2010 s. 52. 77KB Variation application must be made if quarry is declared (1) If the Minister declares by Order under section 7C that a specified quarry is a declared quarry, the holder of an extractive industry work authority in respect of the declared quarry, within 60 days after the declaration, must make an application to vary the approved work plan in respect of the declared quarry. (2) The application must contain the prescribed quarry stability information. S. 77KB(3) amended by No. 10/2014 s. 30. (3) Section 77H(2) and (3) apply to an application lodged under this section. S. 77L inserted by No. 6/2009 s. 20. 77L Period of extractive industry work authority An extractive industry work authority remains in force for the period for which the carrying out of an extractive industry is permitted on the land under the relevant planning scheme or a planning permit unless— (a) the work authority is sooner cancelled; or (b) in the case of Crown land, the Crown land Minister's consent is revoked, lapses or otherwise ceases to have effect; or (c) it is varied under section 77M. S. 77M inserted by No. 6/2009 s. 20. 77M Variation of an extractive industry work authority S. 77M(1) substituted by No. 2/2026 s. 16(1). (1) Subject to subsection (1A), the Minister may, by instrument served on the holder of the extractive industry work authority— (a) vary an extractive industry work authority; or (b) vary, suspend or revoke a condition of an extractive industry work authority or add a new condition; or (c) vary, suspend or revoke a condition of a specified class of extractive industry work authority or add a new condition to a specified class of extractive industry work authority. S. 77M(1A) inserted by No. 2/2026 s. 16(1). (1A) The Minister may vary, suspend or revoke a condition of a specified class of extractive industry work authority or add a new condition to a specified class of extractive industry work authority under subsection (1)(c) without serving the instrument on each holder of an authority 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 an authority in that specified class. S. 77M(1B) inserted by No. 2/2026 s. 16(1). (1B) 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)— (a) at the request of the holder of the work authority; or S. 77M(2)(b) amended by No. 47/2015 s. 14(1). (b) if the Minister decides it is necessary for the rehabilitation or stabilisation of the land to which the extractive industry work authority applies; or S. 77M(2)(c) amended by No. 55/2010 s. 53, substituted by No. 47/2015 s. 14(2), amended by No. 2/2026 s. 16(2)(a). (c) 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. 77M(2)(d) inserted by No. 2/2026 s. 16(2)(b). (d) in any other circumstances that the Minister considers appropriate. S. 77M(2A) inserted by No. 2/2026 s. 16(3). (2A) Before acting under subsection (1), the Minister must take into account— (a) any significant benefits or adverse impacts on the holder of the extractive industry work authority 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 77MA; and (c) any other matter that the Minister considers appropriate. (3) The Minister must not act under subsection (1) unless he or she has consulted with the holder of the extractive industry work authority and the municipal council in whose municipal district the land is situated. S. 77M(7) inserted by No. 2/2026 s. 16(4). (7) A variation of an extractive industry work authority or a variation, suspension or revocation of a condition of an extractive industry work authority has no effect until the day specified in the instrument for that purpose. S. 77M(8) inserted by No. 2/2026 s. 16(4). (8) Despite section 122, an instrument under subsection (1) may be served on a person by email or other electronic communication. S. 77MA inserted by No. 2/2026 s. 17. 77MA Notice of intention to vary extractive industry work authority (1) Before the Minister takes action under section 77M(1), the Minister must serve notice of the proposed action on the holder of the extractive industry work authority. (2) Subsection (1) does not apply if the proposed action— (a) is limited to correcting a minor or technical error in the extractive industry work authority or class of extractive industry work authority; or (b) is limited to revoking a condition of the extractive industry work authority or class of extractive industry work authority; or (c) is not likely to impose a significant burden on the holder of the extractive industry work authority; or (d) is limited to varying, suspending or adding a condition for the purposes of responding to an emergency within the meaning of the **Emergency Management Act 2013**. (a) set out the action that the Minister proposes to take under section 77M(1); and (b) state the grounds for the proposed action; and (c) invite the holder of the extractive industry work authority to make written representations to the Minister on the proposed action within the period specified in the notice. (4) For the purposes of subsection (3)(c), the specified period must not be less than— (a) in the case of an action the Minister proposes to take under section 77M(1)(a) or (b)— (i) any prescribed period; or (ii) if no period is prescribed, 14 business days after the notice is served on the holder of the extractive industry work authority or any other period agreed between the Minister and the holder; and (b) in the case of an action the Minister proposes to take under section 77M(1)(c), 14 business days after the notice is published under subsection (5). (5) If the Minister proposes to take action under section 77M(1)(c), the Minister must publish the notice— (a) in the Government Gazette; and (b) in a newspaper circulating generally throughout Victoria. (6) Despite section 122, a notice under subsection (1) may be served on a person by email or other electronic communication. S. 77N inserted by No. 6/2009 s. 20. 77N Transfer of an extractive industry work authority (1) The holder of an extractive industry work authority may, with the consent in writing of the Minister, transfer that work authority to another person. (2) The Minister must consent to the transfer of an extractive industry work authority if— (a) the person to whom the extractive industry work authority is to be transferred has entered into a rehabilitation bond for an amount determined by the Minister; and S. 77N(2)(b) amended by No. 68/2014 s. 46(1). (b) in the case of an existing extractive industry work authority holder who has a work plan, the Minister is satisfied that the work plan relating to the extractive industry work authority is adequate. S. 77N(3) amended by No. 68/2014 s. 46(2). (3) If the existing extractive industry work authority holder has a work plan and the Minister is not satisfied that the work plan relating to the extractive industry work authority is adequate, the Minister may consent to the transfer of the extractive industry work authority subject to the person to whom the extractive industry work authority is to be transferred being required to submit a new work plan for approval by the Department Head within the time specified by the Minister. S. 77O inserted by No. 6/2009 s. 20. 77O Cancellation of an extractive industry work authority (1) The Minister may cancel an extractive industry work authority by instrument served on the holder of the work authority if at the end of 28 days the Minister is satisfied that the holder— (a) has not substantially complied with— (i) this Act or the regulations; or (ii) any condition to which the authority is subject; or (iii) a condition of a work plan under section 77G; or S. 77O (1)(a)(iv) amended by No. 10/2014 s. 31. (iv) a condition on the approval of a variation of a work plan under section 77HB; or (v) any relevant planning scheme or planning permit; or (b) has endangered an employee or a member of the public on or near land to which the extractive industry work authority applies; or (c) has undertaken work on the land other than in accordance with the work plan. (2) Before cancelling an extractive industry work authority under subsection (1), the Minister must give the holder of the work authority 28 days written notice of his or her intention to cancel and, in the notice, request the holder to provide reasons why the work authority should not be cancelled. S. 77OA inserted by No. 6/8/2014 s. 47. 77OA Surrender of an extractive industry work authority The holder of an extractive industry work authority may, with the consent of the Minister, surrender the authority by notice in writing. S. 77P inserted by No. 6/2009 s. 20, repealed by No. 10/2014 s. 32. Division 3—Managers S. 77Q inserted by No. 6/2009 s. 20.