Part 6BStatutory endorsement of work plans

Part 6B—Statutory endorsement of work plans S. 77TA inserted by No. 59/2010 s. 45. 77TA Definitions S. 77TA def. of *referral authority* substituted by No. 39/2018 s. 24. ***referral authority*** means— (a) in the case of a work plan, or a variation of an approved work plan, for work proposed to be done under an extractive industry work authority, a person or body that has been specified in a planning scheme under the **Planning and Environment Act 1987** as a referral authority under that Act; and (b) in the case of a work plan, or a variation of an approved work plan, for mining work proposed to be done under a mining licence— (i) the Environment Protection Authority under the **Environment Protection Act 2017**; and (ii) any other person or body referred to in paragraph (a); ***statutory endorsement*** means an endorsement of a work plan or a variation to an approved work plan under section 77TD. S. 77TB inserted by No. 59/2010 s. 45. 77TB Application of Part This Part applies to— (a) a work plan for work in respect of which a planning permit under the **Planning and Environment Act 1987** is required; or (b) a variation of an approved work plan for a variation to work— (i) that is being carried out in accordance with the approved work plan; and (ii) in respect of which a planning permit under the **Planning and Environment Act 1987** is required. S. 77TC inserted by No. 59/2010 s. 45, amended by No. 64/2012 s. 37. 77TC Giving of work plan or variation to approved work plan for statutory endorsement A licensee, a holder of an extractive industry work authority or a person who proposes to apply for an extractive industry work authority may, as the case requires, give to the Department Head, for statutory endorsement, a work plan or a variation to an approved work plan. S. 77TD inserted by No. 59/2010 s. 45. 77TD Department Head may endorse work plan or variation to approved work plan S. 77TD(1) substituted by No. 10/2014 s. 33(1). (1) Subject to this Part, on receiving a work plan or a variation to an approved work plan, the Department Head must, by written notice within 28 days— (a) ask for changes to be made to the work plan or variation to an approved work plan; or (b) endorse or refuse to endorse the work plan or variation to an approved work plan; or S. 77TD(1)(c) substituted by No. 39/2018 s. 25. (c) give a copy of the work plan or variation to an approved work plan— (i) to each relevant referral authority in accordance with section 77TE(1); and (ii) in the case of a work plan (or a variation of an approved work plan) for mining work proposed to be done under a mining licence, to the Environment Protection Authority under the **Environment Protection Act 2017** and each other relevant referral authority in accordance with section 77TE(1A). S. 77TD(1A) inserted by No. 10/2014 s. 33(2). (1A) If the Department Head asks for changes to be made to the work plan or variation to an approved work plan, the licensee, holder of an extractive industry work authority or person proposing to apply for an extractive industry work authority must, in accordance with section 77TC, give to the Department Head, for statutory endorsement, a work plan or variation to an approved work plan that includes those changes. (2) The Department Head must not make a decision under subsection (1) that is inconsistent with anything that a referral authority tells the Department Head, or any comments the referral authority gives to the Department Head, under section 77TF. S. 77TD(3) substituted by No. 64/2012 s. 38(1). (3) The Department Head may, in a statutory endorsement, specify that certain conditions must be observed in carrying out an approved work plan by— (a) the licensee; or (b) the holder of an extractive industry work authority; or (c) a person who proposes to apply under section 77I for an extractive industry work authority if he or she is subsequently granted the authority by the Minister. (4) In the case of a statutory endorsement of a variation to an approved work plan, the conditions specified under subsection (3) may include— (a) in the case of variation to an approved work plan for work under a licence, any of the matters set out in section 26(2); (b) in the case of variation to an approved work plan for work under an extractive industry work authority, any of the matters set out in section 77J(1). S. 77TD(5) amended by No. 64/2012 s. 38(2) (as amended by No. 70/2013 s. 3(Sch.1 item 47.2)). (5) The Department Head must, as the case requires, give the licensee, holder of an extractive industry work authority or person proposing to apply for an extractive industry work authority who gave the work plan or the variation to an approved work plan, his or her statement of reasons for his or her decision under this section. S. 77TE inserted by No. 59/2010 s. 45. 77TE Department Head must give work plan or variation application to referral authority S. 77TE(1) amended by No. 10/2014 s. 34(1). (1) On receiving a work plan or a variation to an approved work plan, the Department Head must, within 28 days, give a copy of the work plan or variation to an approved work plan to every referral authority that the Department Head considers, having regard to the kind of work proposed under the work plan or variation, should be given the work plan or variation. S. 77TE(1A) inserted by No. 39/2018 s. 26(1). (1A) In the case of a work plan (or a variation of an approved work plan) for mining work proposed to be done under a mining licence, in addition to complying with the requirement set out in subsection (1), the Department Head must give a copy of the work plan or variation to the Environment Protection Authority under the **Environment Protection Act 2017** within 28 days after receiving the work plan or variation of an approved work plan. S. 77TE(2) amended by No. 39/2018 s. 26(2). (2) Before complying with subsection (1) or (1A), the Department Head must be satisfied that the work plan or the variation to an approved work plan complies with the regulations. S. 77TE(3) inserted by No. 10/2014 s. 34(2). (3) If the Department Head gives a copy of the work plan or variation to an approved work plan to a referral authority, the Department Head must, by written notice, endorse or refuse to endorse the work plan or the variation to the approved work plan— (a) within 28 days of being told by a referral authority that it objects or does not object to the endorsement of the work plan or variation of the work plan; or (b) within 28 days of the expiry of the time specified in section 77TF(2). S. 77TF inserted by No. 59/2010 s. 45. 77TF Referral authority must consider work plan and variation of approved work plan (1) A referral authority must consider every work plan and variation to an approved work plan given to it and must— (a) tell the Department Head in writing that— (i) it does not object to the endorsement of the work plan or variation to the approved work plan; (ii) it does not object to the statutory endorsement of the work plan or variation to the approved work plan if the work plan or variation is subject to conditions in the statutory endorsement; or (iii) it objects to the statutory endorsement of the work plan or variation to the approved work plan on any specified ground; and (b) give the Department Head its comments (if any) in relation to the work plan and variation to an approved work plan, as the case requires. (2) A referral authority must comply with subsection (1) within 30 days after being given the work plan or variation to an approved work plan, as the case requires. (3) If a referral authority does not comply with subsection (1) within the time specified under subsection (2), the referral authority is taken to have not objected to the statutory endorsement of the work plan or variation of the approved work plan. S. 77TG inserted by No. 59/2010 s. 45. 77TG Interrelationship with the Planning and Environment Act 1987 (1) Despite anything to the contrary in the **Planning and Environment Act 1987**, section 55(1) of that Act does not apply to those parts of an application referred to in that section that consist of a work plan or a variation to an approved work plan given to a referral authority under section 77TE. (2) However, for the purposes of subsection (1), a referral authority does not include the Department Head or Department (as the case requires). S. 77TH inserted by No. 59/2010 s. 45, amended by No. 64/2012 s. 39, repealed by No. 10/2014 s. 35. Pt 6C (Heading and ss 77TI, 77TJ) inserted by No. 10/2014 s. 36. Part 6C—Review S. 77TI inserted by No. 10/2014 s. 36. 77TI Review by Tribunal (1) A licensee or the holder of an extractive industry work authority may apply to the Tribunal for review of— (a) a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to refuse to approve a work plan or a variation of an approved work plan; or (b) a decision of the Department Head under section 40A, 41AAB, 77G or 77HB to approve a work plan or the variation of an approved work plan with conditions. (2) The holder of an extractive industry work authority may apply to the Tribunal for review of— (a) a decision of the Minister to impose a condition on the extractive industry work authority under section 77J; or (b) a decision of the Minister to vary a condition of the extractive industry work authority under section 77M or impose a new condition under that section; or (c) a decision of the Minister under section 77N to impose a new condition on the extractive industry work authority that the Minister has consented to be transferred to another person under that section. (3) A licensee, the holder of an extractive industry work authority or a person proposing to apply for an extractive industry work authority may apply to the Tribunal for review of— (a) a decision of the Department Head under section 77TD to refuse to statutorily endorse a work plan or variation to an approved work plan; or (b) a decision of the Department Head under section 77TD to statutorily endorse a work plan or variation to an approved work plan with conditions. (4) The former holder of an extractive industry work authority may apply to the Tribunal for review of a decision of the Minister to cancel the work authority under section 77O. (5) Subsections (1) and (3) do not apply to a condition that has been imposed on an approval of a work plan or of a variation of a work plan if— (a) the condition is substantially the same as a condition of the relevant planning scheme or a planning permit for the carrying out of the extractive industry; or (b) a decision to impose the condition has already been the subject of review by the Tribunal. S. 77TJ inserted by No. 10/2014 s. 36. 77TJ Application for review An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (i) the day on which the statement of reasons for the decision is given under section 40A, 41AAB, 77G, 77HB or 77TD to the person entitled to apply for review; or (ii) if, under the **Victorian Civil and Administrative Tribunal Act 1998**, the person entitled to apply for review requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Pt 7 (Heading) substituted by No. 6/2009 s. 20. Pt 7 (Heading and ss 77A−84) renumbered as Pt 7 (Heading and ss 77U−84) by No. 6/2009 s. 20. Part 7―Rehabilitation S. 77A inserted by No. 63/2006 s. 40, substituted as s. 77U by No. 6/2009 s. 20.