Part 7AMine Land Rehabilitation Authority

Part 7A—Mine Land Rehabilitation Authority Division 1—Preliminary S. 84AA inserted by No. 22/2017 s. 5. 84AA Definitions ***annual report*** means a report prepared under section 84AZH; ***authorised officer*** means a person authorised under section 84AU; S. 84AA def. of *Board* inserted by No. 32/2019 s. 13(a). ***Board*** means the Board of the Rehabilitation Authority established under section 84AD; S. 84AA def. of *framework* repealed by No. 22/2017 s. 6(1)(a). ***Latrobe Valley licensee*** means the holder or the former holder of— (a) the mining licence No. 5003; or (b) the mining licence No. 5004; or (c) the mining licence No. 5189; or (d) the mining licence No. 5216; or (e) the mining licence No. 5304; S. 84AA def. of *monitoring framework* inserted by No. 22/2017 s. 6(1)(b). ***monitoring framework*** means the framework published under section 84AZD; ***public sector body*** has the meaning given by section 84AB; ***public sector employee*** means a person employed in the Department under Part 3 of the **Public Administration Act 2004**; ***referral investigation*** means an investigation commenced by the referral of a matter under section 84AQ; ***referral report*** means a report published under section 84AZG; ***regulatory framework*** has the meaning given by section 84AC; S. 84AA def. of *rehabilitation planning activity* amended by No. 32/2019 s. 13(b)(c). ***rehabilitation planning activity*** means an activity carried out by a public sector body or a declared mine licensee to plan in relation to the rehabilitation of declared mine land including— (a) the preparation of a research plan; or (b) the carrying out of research; or (c) the carrying out of a technical investigation; or (d) the carrying out of a rehabilitation trial; or (e) the preparation of a declared mine rehabilitation plan. S. 84AB inserted by No. 22/2017 s. 5. 84AB Meaning of *public sector body* For the purposes of this Part, a ***public sector body*** is one of the following entities— S. 84AB(a) substituted by No. 49/2019 s. 186(Sch. 4 item 29.2(a)), amended by No. 25/2025 s. 106(Sch. 1 item 28). (a) the Department Head of the Department of Transport and Planning; S. 84AB(ab) inserted by No. 49/2019 s. 186(Sch. 4 item 29.2(a)). (ab) the Department Head of the Department of Jobs, Precincts and Regions; (b) the Department Head of the Department of Environment, Land, Water and Planning; S. 84AB(c) amended by No. 39/2018 s. 27. (c) the Environment Protection Authority under the **Environment Protection Act 2017**; (d) the Victorian WorkCover Authority under the **Workplace Injury Rehabilitation and Compensation Act 2013**; (e) a responsible authority within the meaning of the **Planning and Environment Act 1987** that performs functions under that Act in the Latrobe Valley region; (f) an Authority within the meaning of the **Water Act 1989** that performs functions under that Act in the Latrobe Valley region; (g) the Aboriginal Heritage Council under the **Aboriginal Heritage Act 2006**; (h) the Victorian Rail Track under the **Transport Integration Act 2010**; (i) the V/Line Corporation under the **Transport Integration Act 2010**; S. 84AB(j) amended by No. 49/2019 s. 186(Sch. 4 item 29.2(b)). (j) the Head, Transport for Victoria; (k) a public sector body (within the meaning of the **Public Administration Act 2004**) that is prescribed. S. 84AC inserted by No. 22/2017 s. 5. 84AC Meaning of *regulatory framework* For the purposes of this Part, the ***regulatory framework*** is— S. 84AC(a) amended by No. 32/2019 s. 14. (a) the provisions of this Act or any regulations made under this Act or any instrument made under this Act that apply to the rehabilitation of and the activities carried out on declared mine land; and (b) an approval, authority or permission given, granted or issued under another Act relating to activities— S. 84AC(b)(i) amended by No. 32/2019 s. 14. (i) carried out on declared mine land; and (ii) to which a rehabilitation plan applies. Pt 7A Div. 2 (Heading and ss 84AD–84AK) inserted by No. 22/2017 s. 5, substituted as Pt 7A Div. 2 (Heading and ss 84AD–84AKD) by No. 32/2019 s. 15. Division 2—Establishment of Rehabilitation Authority and the Board S. 84AD substituted by No. 32/2019 s. 15. 84AD Mine Land Rehabilitation Authority (1) The Mine Land Rehabilitation Authority is established. (2) The Rehabilitation Authority— (a) is a body corporate with perpetual succession; and (b) may sue and be sued; and (c) may acquire, hold and dispose of real and personal property; and (d) subject to this Act, may do and suffer all acts and things that a body corporate may by law do and suffer. (3) The official seal of the Rehabilitation Authority must be kept as directed by the Rehabilitation Authority and must not be used except as authorised by the Rehabilitation Authority. S. 84AE substituted by No. 32/2019 s. 15. 84AE Objectives of the Rehabilitation Authority The objectives of the Rehabilitation Authority are— (a) to provide assurance to the Victorian community— (i) that public sector bodies and the Latrobe Valley licensees are implementing the regional rehabilitation strategy; and (ii) that public sector bodies and the declared mine licensees are planning for the rehabilitation and ongoing management of declared mine land; and (b) to promote the participation of the community and stakeholders from the Latrobe Valley, in the implementation of the regional rehabilitation strategy; and (c) to promote the effective and consistent rehabilitation of coal mine land in accordance with the regional rehabilitation strategy; and (d) to promote the sustainable and beneficial use of coal mine land in accordance with the regional rehabilitation strategy; and (e) to promote the effective and consistent rehabilitation of declared mine land in accordance with any Ministerial direction. S. 84AF substituted by No. 32/2019 s. 15. 84AF Rehabilitation Authority powers relating to property The Rehabilitation Authority— (a) may acquire and hold any property for the purposes of this Part and Parts 7B and 7C; and (b) has control and management of all property vested in or acquired by the Rehabilitation Authority; and (c) may dispose of property of the Rehabilitation Authority. S. 84AG substituted by No. 32/2019 s. 15. 84AG Board of Rehabilitation Authority (1) The Rehabilitation Authority is to have a governing body called a Board. (2) The Board is responsible for the management of the affairs of the Rehabilitation Authority. (3) The Board consists of— (a) a chairperson; and (b) a deputy chairperson; and (c) a member; and (d) up to 3 other members. S. 84AH substituted by No. 32/2019 s. 15. 84AH Appointment of members of the Board The Governor in Council, on the recommendation of the Minister, by instrument, may appoint a person as a member of the Board. S. 84AI substituted by No. 32/2019 s. 15. 84AI Remuneration A member of the Board is entitled to the remuneration and allowances determined from time to time by the Governor in Council. S. 84AJ substituted by No. 32/2019 s. 15. 84AJ Terms and conditions of appointment (1) A member of the Board— (a) holds office for the period, not exceeding 5 years, specified in the instrument of appointment and is eligible for reappointment; and (b) is appointed on a full-time or part-time basis, as specified in the instrument of appointment; and (c) holds office on the terms and conditions determined by the Governor in Council. (2) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a member of the Board in respect of that office. S. 84AK substituted by No. 32/2019 s. 15. 84AK Acting appointment (1) The Governor in Council, on the recommendation of the Minister, by instrument, may appoint a person to act as a member of the Board— (a) during any period when the member of the Board is absent; or (b) during any period when the member of the Board is unable to perform the duties of the office. (2) An appointment under subsection (1) is for the period, not exceeding 12 months, that is specified in the instrument of appointment. (3) A person appointed under subsection (1) is entitled to be paid the same remuneration and allowances as the member of the Board. (4) A person appointed under subsection (1) holds office on the terms and conditions determined by the Governor in Council. (5) The **Public Administration Act 2004** (other than Part 3 of that Act) applies to a person acting as the member of the Board in respect of that office. (6) While a person is acting as the member of the Board, the person has all the powers and may perform any of the functions of the member of the Board. (7) The Governor in Council may revoke an appointment under subsection (1) at any time. S. 84AKA inserted by No. 32/2019 s. 15. 84AKA Resignation A member of the Board ceases to hold office if the member of the Board resigns by notice given to the Minister. S. 84AKB inserted by No. 32/2019 s. 15. 84AKB Removal from office The Governor in Council, on the recommendation of the Minister, at any time may remove the member of the Board on any of the following grounds— (a) misconduct; (b) neglect of duty; (c) inability to perform the functions and powers of the member of the Board; (d) any other ground on which the Governor in Council is satisfied that the member of the Board should not be the member of the Board. S. 84AKC inserted by No. 32/2019 s. 15. 84AKC Chairperson of the Board (1) The Governor in Council may, on the recommendation of the Minister, appoint a member of the Board to be chairperson of the Board. (2) A member of the Board is eligible to be appointed to be chairperson of the Board if the member has expertise relating to the rehabilitation of mines. (3) The chairperson may resign that office by notice in writing signed by the chairperson and delivered to the Minister. S. 84AKD inserted by No. 32/2019 s. 15. 84AKD Deputy chairperson of the Board (1) The Governor in Council, on the recommendation of the Minister, must appoint one of the members of the Board to be the deputy chairperson of the Board. (2) The deputy chairperson may resign that office by notice in writing signed by the deputy chairperson and delivered to the Minister. Division 3—Functions and powers S. 84AL (Heading) amended by No. 32/2019, s. 16(1). S. 84AL inserted by No. 22/2017 s. 5. 84AL Functions and powers of the Rehabilitation Authority S. 84AL(1) amended by No. 32/2019 s. 16(2)(a). (1) The Rehabilitation Authority has the following functions— S. 84AL(1)(a) substituted by No. 22/2017 s. 7(1) (as amended by No. 32/2019 s. 51). (a) to monitor and evaluate the implementation of the regional rehabilitation strategy in accordance with the monitoring framework; S. 84AL(1)(b) amended by Nos 32/2019 s. 16(2)(b), 22/2017 s. 7(2) (as amended by No. 32/2019 s. 51). (b) to carry out strategic audits of public sector bodies and declared mine licensees in relation to the implementation of rehabilitation planning activities and the regional rehabilitation strategy; S. 84AL(1)(c) amended by No. 22/2017 s. 7(3) (as amended by No. 32/2019 s. 51). (c) to monitor and evaluate implementation and effectiveness of rehabilitation planning activities and the regional rehabilitation strategy in accordance with the monitoring framework; S. 84AL(1)(d) substituted by No. 32/2019 s. 16(2)(c). (d) to review any research plan in relation to the rehabilitation of declared mine land prepared by a declared mine licensee and make recommendations, if any, following a review to the relevant declared mine licensee; (e) to coordinate rehabilitation planning activities; S. 84AL(1)(f) amended by No. 32/2019 s. 16(2)(d)(i). (f) to engage with the following groups and persons in relation to the rehabilitation of declared mine land— (i) the Victorian community; (ii) other stakeholders; (iii) public sector bodies; S. 84AL(1)(f)(iv) amended by No. 32/2019 s. 16(2)(d)(ii). (iv) the declared mine licensees; (g) to conduct and support meetings between the following groups and persons in relation to rehabilitation planning activities that promote communication and the resolution of issues— (i) the Victorian community; (ii) other stakeholders; (iii) public sector bodies; S. 84AL(1)(g)(iv) amended by No. 32/2019 s. 16(2)(e). (iv) the declared mine licensees; (h) to provide advice and recommendations to the Minister in relation to— (i) the possible changes to the regulatory framework; and S. 84AL(1)(h)(ii) amended by No. 32/2019 s. 16(2)(f)(i). (ii) the outcomes of any engagement by the Rehabilitation Authority with the Victorian community or stakeholders; and S. 84AL(1)(h)(iii) amended by No. 32/2019 s. 16(2)(f)(ii). (iii) the planning for the monitoring, and completion, of the rehabilitation of declared mine land; and S. 84AL(1)(h)(iv) amended by No. 32/2019 s. 16(2)(f)(ii). (iv) the planning for the monitoring and maintenance of declared mine land that has been rehabilitated; and (v) the regional rehabilitation strategy; and S. 84AL(1)(h)(vi) amended by No. 32/2019 s. 16(2)(g). (vi) the declared mine rehabilitation plans of the declared mine licensees; (i) to provide information and education to the Victorian community about— S. 84AL(1)(i)(i) amended by No. 32/2019 s. 16(2)(h). (i) the planning for the rehabilitation of declared mine land; and (ii) the regional rehabilitation strategy; (j) to carry out investigations on the referral of the Minister under Division 4; S. 84AL(1)(k) amended by No. 32/2019 s. 16(2)(i). (k) to provide advice, reports and recommendations to the Minister on matters referred to the Rehabilitation Authority under Division 4; S. 84AL(1)(ka) inserted by No. 32/2019 s. 16(3). (ka) to monitor and evaluate the risks posed by geotechnical, hydrogeological, water quality or hydrological factors for declared mine land in relation to public safety, the environment and relevant infrastructure; S. 84AL(1)(kb) inserted by No. 32/2019 s. 16(3). (kb) to ensure the monitoring and maintenance for registered mine land is carried out; S. 84AL(1)(kc) inserted by No. 32/2019 s. 16(3). (kc) to establish and maintain a register of declared mine land; S. 84AL(1)(kd) inserted by No. 32/2019 s. 16(3). (kd) to register declared mine land in the declared mine land register in accordance with the prescribed requirements and procedures; S. 84AL(1)(ke) inserted by No. 32/2019 s. 16(3). (ke) to provide advice to the Minister regarding conditions that may apply to the registration of declared mine land; S. 84AL(1)(kf) inserted by No. 32/2019 s. 16(3). (kf) to assess the amount of funds to be paid by declared mine licensees or land holders of declared mine land to the Rehabilitation Authority for payment into the Declared Mine Fund on the registration of declared mine land; S. 84AL(1)(kg) inserted by No. 32/2019 s. 16(3). (kg) to obtain and hold any entitlement, licence or permission required for the purpose of rehabilitating, monitoring and maintaining registered mine land; S. 84AL(1)(kh) inserted by No. 32/2019 s. 16(3). (kh) to rehabilitate, monitor, maintain and manage registered mine land in accordance with the relevant registered post-closure plan; S. 84AL(1)(ki) inserted by No. 32/2019 s. 16(3). (ki) to purchase, acquire and dispose of declared mine land or land in close proximity to declared mine land; S. 84AL(1)(kj) inserted by No. 32/2019 s. 16(3). (kj) to provide advice and recommendations to the Minister in relation to— (i) rehabilitation planning activities of declared mine licensees; and (ii) any aspect of regional, local or environmental planning that may be impacted by or impact on declared mine land; and (iii) declared mine land and registered mine land; and (iv) the regulatory framework and declared mine land; S. 84AL(1)(kk) inserted by No. 32/2019 s. 16(3). (kk) to provide for the preservation of relevant records and information in respect of registered mine land; S. 84AL(1)(l) amended by No. 32/2019 s. 16(2)(j). (l) to provide advice, recommendations and reports to the Minister on the exercise of the Rehabilitation Authority's functions; S. 84AL(1)(m) amended by Nos 32/2019 s. 16(2)(k), 22/2017 s. 7(4) (as amended by No. 32/2019 s. 51). (m) other functions conferred on the Rehabilitation Authority under this Act; S. 84AL(1)(n) inserted by No. 22/2017 s. 7(5) (as amended by No. 32/2019 s. 51). (n) to develop and maintain, in consultation with the community, stakeholders, public sector bodies and Latrobe Valley licensees, a framework for— (i) the monitoring and evaluation of the implementation and effectiveness of rehabilitation planning activities and the regional rehabilitation strategy; and (ii) the achieving of the outcomes set out in the framework; and (iii) the carrying out of strategic audits of public sector bodies and Latrobe Valley licensees in relation to the implementation of rehabilitation planning activities and the regional rehabilitation strategy; S. 84AL(1)(o) inserted by No. 22/2017 s. 7(5) (as amended by No. 32/2019 s. 51). (o) to monitor and report, in accordance with the monitoring framework, on— (i) the implementation by public sector bodies and Latrobe Valley licensees of the regional rehabilitation strategy; and (ii) the effectiveness of the regional rehabilitation strategy. S. 84AL(2) amended by No. 32/2019 s. 16(4). (2) The Rehabilitation Authority has all the powers that are necessary or convenient to perform the Rehabilitation Authority's functions under this Part. S. 84AM (Heading) amended by No. 32/2019 s. 17(1). S. 84AM inserted by No. 22/2017 s. 5, amended by No. 32/2019 s. 17(2). 84AM Rehabilitation Authority to have regard to objective, regional rehabilitation strategy and regulatory framework In performing a function or exercising a power under this Part the Rehabilitation Authority must have regard to— S. 84AM(a) amended by No. 32/2019 s. 17(3). (a) the objective of the Rehabilitation Authority; and (b) the regional rehabilitation strategy; and S. 84AM(c) amended by No. 32/2019 s. 17(4). (c) the regulatory framework; and S. 84AM(d) inserted by No. 32/2019 s. 17(5). (d) any Ministerial direction. S. 84AN inserted by No. 22/2017 s. 5, amended by No. 32/2019 s. 18. 84AN Staff to be provided The Department Head must ensure that the Rehabilitation Authority is provided with any public sector employees that are necessary to assist the Rehabilitation Authority in performing the Rehabilitation Authority's functions. S. 84AO inserted by No. 22/2017 s. 5, amended by No. 32/2019 s. 19. 84AO Assistance to be provided by the Department Head The Department Head must ensure that the Rehabilitation Authority is provided with any assistance in connection with the performance of the Rehabilitation Authority's functions that the Rehabilitation Authority reasonably requires. S. 84AP inserted by No. 22/2017 s. 5, substituted by No. 32/2019 s. 20. 84AP Assistance to be provided by a public sector body and a declared mine licensee A public sector body and a declared mine licensee must ensure that the Rehabilitation Authority is provided with any assistance in connection with the reasonable performance of the Rehabilitation Authority's functions that the Rehabilitation Authority reasonably requires. Pt 7A Div. 4 (Heading) amended by No. 32/2019 s. 21. Division 4—Investigations by the Rehabilitation Authority S. 84AQ (Heading) amended by No. 32/2019 s. 22(1). S. 84AQ inserted by No. 22/2017 s. 5. 84AQ Minister may refer a matter for investigation to the Rehabilitation Authority S. 84AQ(1) amended by No. 32/2019 s. 22(2)(a). (1) The Minister, by notice published in the Government Gazette, may refer to the Rehabilitation Authority for investigation a matter that relates to— S. 84AQ(1)(a) amended by No. 32/2019 s. 22(2)(b). (a) the rehabilitation of declared mine land; or (b) the regional rehabilitation strategy; or (c) a rehabilitation planning activity. (2) A notice under subsection (1) must set out— (a) the terms of reference of the investigation of the matter; and (b) the reporting requirements that will apply, including when a report is to be given to the Minister and whether or not it is to be published. S. 84AR inserted by No. 22/2017 s. 5. 84AR Power of entry and inspection without consent S. 84AR(1)(a) amended by No. 32/2019 s. 23(1)(a). (a) a matter has been referred to the Rehabilitation Authority under this Division; and S. 84AR(1)(b) amended by No. 32/2019 s. 23(1). (b) the Rehabilitation Authority believes on reasonable grounds that it is necessary for the Rehabilitation Authority or an authorised officer to enter declared mine land or any land adjacent to declared mine land for the purposes of investigating the referred matter. S. 84AR(2) amended by No. 32/2019 s. 23(2). (2) An authorised officer may enter, without consent, declared mine land or any land adjacent to declared mine land but only between the hours of 9 a.m. and 5 p.m. S. 84AR(3) amended by No. 32/2019 s. 23(3). (3) The authorised officer must not, under this section, enter any part of declared mine land or any land adjacent to declared mine land that is residential premises. S. 84AR(4) amended by No. 32/2019 s. 23(4). (4) On entering the land under this section, the authorised officer may do all or any of the following— (a) inspect the land; S. 84AR(4)(b) amended by No. 32/2019 s. 23(4). (b) take and keep samples (without payment) of any thing found on the land, if the authorised officer believes on reasonable grounds that the thing is relevant to the referral investigation; S. 84AR(4)(c) amended by No. 32/2019 s. 23(4). (c) make any still or moving image or audio‑visual recording that the authorised officer believes on reasonable grounds is relevant to the referral investigation; (d) take measurements of any thing on the land. S. 84AR(5) amended by No. 32/2019 s. 23(5)(a). (5) The authorised officer must not enter any land under this section unless, before that entry, the authorised officer— S. 84AR(5)(a) amended by No. 32/2019 s. 23(5)(b). (a) has produced the authorised officer's identity card to the occupier or the apparent occupier for inspection; and (b) has taken all reasonable steps to notify the occupier or the apparent occupier of the land of the entry. S. 84AR(6) amended by No. 32/2019 s. 23(6). (6) If the authorised officer exercises a power of entry under this section without the occupier or the apparent occupier being present the authorised officer must, on leaving the land, leave a notice setting out— (a) the time of entry; and (b) the purpose of entry; and (c) a description of things done while on the land; and (d) the time of departure; and S. 84AR(6)(e) amended by No. 32/2019 s. 23(6). (e) the contact details of the authorised officer. S. 84AS (Heading) amended by No. 32/2019 s. 24(1). S. 84AS inserted by No. 22/2017 s. 5, amended by No. 32/2019 s. 24(2). 84AS Occupier or apparent occupier of land must assist authorised officer to enter The occupier, or apparent occupier for the time being, of land which the authorised officer wants to enter under section 84AR must not, without reasonable excuse, refuse or fail to provide such assistance as the authorised officer may reasonably require to enter the land. S. 84AT (Heading) amended by No. 32/2019 s. 25(1). S. 84AT inserted by No. 22/2017 s. 5, amended by No. 32/2019 s. 25(2). 84AT Occupier or apparent occupier of land must assist authorised officer to inspect The occupier, or apparent occupier for the time being, of land which the authorised officer wants to inspect under section 84AR must not, without reasonable excuse, refuse or fail to provide such assistance as the authorised officer may reasonably require to inspect the land. S. 84AU inserted by No. 22/2017 s. 5. 84AU Authorised officers under this Division (1) The Department Head, by instrument, may authorise the following persons to be authorised officers for the purposes of all or any specified provisions of this Division applying to an authorised officer— S. 84AU(1)(a) amended by No. 32/2019 s. 26. (a) a public sector employee who assists the Rehabilitation Authority under section 84AN; (b) an inspector. (2) The Department Head may determine the terms and conditions of authorisation of any authorised officer. (3) The terms and conditions of authorisation of an authorised officer may— (a) contain general directions as to how the authorised officer's powers may be exercised; or (b) direct that the exercise of the authorised officer's powers be limited to a specified referral investigation. (4) The Department Head, in writing, may vary or revoke the authorisation of an authorised officer at any time. S. 84AV inserted by No. 22/2017 s. 5. 84AV Authorised officer's identity cards (1) The Department Head must issue an identity card to each authorised officer containing a photograph of the authorised officer and the authorised officer's signature. (2) Subsection (1) does not apply in respect of an authorised officer who is an inspector. See section 92 for the issue of an identity card to an authorised officer who is an inspector. (3) If a person to whom an identity card has been issued under subsection (1) ceases to be an authorised officer, the person must return the identity card to the Department Head as soon as practicable. Division 5—Giving of documents or other things S. 84AW (Heading) amended by No. 32/2019 s. 27(1). S. 84AW inserted by No. 22/2017 s. 5. 84AW Giving of documents or other things to the Rehabilitation Authority by declared mine licensees S. 84AW(1) amended by No. 32/2019 s. 27(2). (1) For the purposes of a referral investigation, the Rehabilitation Authority, by written notice given to a declared mine licensee, may require the licensee to give to the Rehabilitation Authority a document or other thing specified in the notice that is held by the declared mine licensee. S. 84AW(2) amended by No. 32/2019 s. 27(3). (2) A notice under subsection (1) must specify the time within and manner with which the document or other thing must be given to the Rehabilitation Authority. S. 84AW(3) amended by No. 32/2019 s. 27(4). (3) A declared mine licensee given a notice under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the notice. S. 84AW(4) amended by No. 32/2019 s. 27(5). (4) A declared mine licensee must not in purported compliance with a notice under subsection (1) give to the Rehabilitation Authority a document or information that the licensee knows is false or misleading in a material particular. S. 84AX (Heading) amended by No. 32/2019 s. 28(1). S. 84AX inserted by No. 22/2017 s. 5. 84AX Giving of documents or other things to the Rehabilitation Authority by public sector bodies S. 84AX(1) amended by No. 32/2019 s. 28(2). (1) For the purposes of a referral investigation the Rehabilitation Authority, by written notice given to a public sector body, may require the public sector body to give to the Rehabilitation Authority any document or other thing specified in the notice that is held by the public sector body. S. 84AX(2) amended by No. 32/2019 s. 28(3). (2) A notice under subsection (1) must specify the time and manner within which the document or other thing must be given to the Rehabilitation Authority. (3) A public sector body must comply with a notice under subsection (1). S. 84AY inserted by No. 22/2017 s. 5. 84AY Confidentiality of document or other thing given under a notice S. 84AY(1) amended by No. 32/2019 s. 29. (1) A document or thing given under section 84AW or 84AX to the Rehabilitation Authority is not admissible in evidence in any hearing or proceeding in a court or a tribunal. (2) This section does not apply to a proceeding for an offence against section 84AW(3) or (4). Pt 7A Div. 6 (Heading) amended by No. 32/2019 s. 30. Division 6—Information gathering by the Rehabilitation Authority S. 84AZ inserted by No. 22/2017 s. 5. 84AZ Definition In this Division— S. 84AZ def. of *non-investigatory function* amended by No. 32/2019 s. 31. ***non-investigatory function*** means a function of the Rehabilitation Authority under this Part other than a function under Division 4. S. 84AZA inserted by No. 22/2017 s. 5. 84AZA Notice requiring documents or information from public sector body S. 84AZA(1) amended by No. 32/2019 s. 32(1). (1) The Rehabilitation Authority, by written notice given to a public sector body, may require the body to give to the Rehabilitation Authority a document or information the Rehabilitation Authority requires for the purpose of performing a non‑investigatory function. (2) A notice under subsection (1) must specify— S. 84AZA(2)(a) amended by No. 32/2019 s. 32(2). (a) the document or information that is required to be given to the Rehabilitation Authority; and S. 84AZA(2)(b) amended by No. 32/2019 s. 32(2). (b) the time within and manner with which the document or information must be given to the Rehabilitation Authority. S. 84AZB (Heading) amended by No. 32/2019 s. 33(1). S. 84AZB inserted by No. 22/2017 s. 5. 84AZB Notice requiring documents or information from declared mine licensee S. 84AZB(1) amended by No. 32/2019 s. 33(2). (1) The Rehabilitation Authority, by written notice given to a declared mine licensee, may require the licensee to give to the Rehabilitation Authority a document or information the Rehabilitation Authority requires for the purpose of performing a non‑investigatory function. (2) A notice under subsection (1) must specify— S. 84AZB(2)(a) amended by No. 32/2019 s. 33(3). (a) the document or information that is required to be given to the Rehabilitation Authority; and S. 84AZB(2)(b) amended by No. 32/2019 s. 33(3). (b) the time within and manner with which the document or information must be given to the Rehabilitation Authority. S. 84AZB(3) amended by No. 32/2019 s. 33(4). (3) A declared mine licensee given a notice under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the notice. Penalty: In the case of a corporation, 100 penalty units; In any other case, 20 penalty units. Pt 7A Div. 7 (Heading and ss 84AZC–84AZF) inserted by No. 22/2017 s. 5, amended by No. 32/2019 ss 34–37, substituted by No. 22/2017 s. 8 (as amended by No. 32/2019 s. 52). Division 7—Monitoring framework S. 84AZC substituted by No. 22/2017 s. 8 (as amended by No. 32/2019 s. 52). 84AZC Rehabilitation Authority must prepare monitoring framework (1) The Rehabilitation Authority must prepare a document that sets out a framework for the monitoring and evaluation of the implementation and effectiveness of— (a) rehabilitation planning activities; and (b) the regional rehabilitation strategy. (2) Without limiting subsection (1), the monitoring framework must provide for— (a) the outcomes to be achieved, including measures to be undertaken to achieve the outcomes and the effectiveness of those measures; and (b) the carrying out of strategic audits of public sector bodies and Latrobe Valley licensees in relation to the implementation of the regional rehabilitation strategy. (3) The Rehabilitation Authority must prepare the monitoring framework in consultation with— (a) community members and stakeholders of the Latrobe Valley region; and (b) public sector bodies; and (c) the Latrobe Valley licensees; and (d) the declared mine licensees. S. 84AZD substituted by No. 22/2017 s. 8 (as amended by No. 32/2019 s. 52). 84AZD Making the monitoring framework The Rehabilitation Authority must cause the monitoring framework to be published on an Internet site maintained by the Department as soon as practicable after the framework is made. S. 84AZE substituted by No. 22/2017 s. 8 (as amended by No. 32/2019 s. 52). 84AZE Amendment of monitoring framework The Rehabilitation Authority may amend the monitoring framework at any time. S. 84AZF substituted by No. 22/2017 s. 8 (as amended by No. 32/2019 s. 52). 84AZF Making an amendment to the monitoring framework (1) The Rehabilitation Authority must cause to be published on an Internet site maintained by the Department the monitoring framework, as amended under section 84AZE. (2) As soon as practicable after the amended monitoring framework is published under subsection (1), the Rehabilitation Authority must publish a notice stating the date of the publication of the amended monitoring framework under subsection (1) in the Government Gazette. Pt 7A Div. 8 (Heading) amended by No. 32/2019 s. 38. Division 8—Reports and reviews of the Rehabilitation Authority S. 84AZG inserted by No. 22/2017 s. 5. 84AZG Report of referral investigation S. 84AZG(1) amended by No. 32/2019 s. 39. (1) The Rehabilitation Authority must cause to be published on an Internet site maintained by the Department a report on a referral investigation after giving the report to the Minister. (2) Subsection (1) does not apply if the notice making the referral under section 84AQ(2) specifies that the report must not be published. S. 84AZH (Heading) amended by No. 32/2019 s. 40(1). S. 84AZH inserted by No. 22/2017 s. 5. 84AZH Annual report of Rehabilitation Authority S. 84AZH(1) amended by No. 32/2019 s. 40(2). (1) The Rehabilitation Authority by 30 September in each year must make a report on the performance of the Rehabilitation Authority's functions and the exercise of the Rehabilitation Authority's powers under this Part during the financial year ending on the immediately preceding 30 June. (2) The first report under subsection (1) must relate to the period commencing on the date of commencement of this section and ending on 30 June the following year. S. 84AZH(3) amended by No. 32/2019 s. 40(3). (3) The Rehabilitation Authority must give a report made under subsection (1) to the Minister. (4) The Minister must cause a report given to the Minister under subsection (3) to be laid before each House of Parliament within 6 sitting days after the Minister receives the report. S. 84AZH(5) amended by No. 32/2019 s. 40(4). (5) After a report is laid before each House of Parliament under subsection (4), the Rehabilitation Authority must cause to be published a copy of the report on an Internet site maintained by the Department. S. 84AZI inserted by No. 22/2017 s. 5, amended by No. 32/2019 s. 41. 84AZI Consultation Before publishing a referral report or an annual report, the Rehabilitation Authority must consult with any public sector body or declared mine licensee in relation to factual information relating to the public sector body or the declared mine licensee that is to be contained in the published report. S. 84AZJ inserted by No. 22/2017 s. 5. 84AZJ Reports to the Minister The Commissioner may report to the Minister on any matter relating to the performance of the Commissioner's functions. S. 84AZK inserted by No. 22/2017 s. 5, substituted by No. 32/2019 s. 42. 84AZK Rehabilitation Authority review of research plans of declared mine licensee (1) The Rehabilitation Authority may review a research plan in relation to the rehabilitation of declared mine land prepared by a declared mine licensee. (2) The Rehabilitation Authority on carrying out a review under subsection (1) may make recommendations or provide comments to the declared mine licensee. Division 9—Protections for persons acting under this Part S. 84AZL inserted by No. 22/2017 s. 5. 84AZL Protection against self-incrimination It is a reasonable excuse for a natural person to refuse or fail to give a document or other thing, or do any other thing that the person is required to do under this Part, if the giving of the document or other thing or the doing of that other thing would tend to incriminate the person. Pt 7B (Heading and ss 84AZM–84AZR) inserted by No. 22/2017 s. 5. Part 7B—Regional rehabilitation strategy S. 84AZM inserted by No. 22/2017 s. 5. 84AZM Minister must prepare a strategy for the rehabilitation of coal mine land The Minister by 30 June 2020 must prepare a document that sets out the strategy in relation to the following matters— (a) the safety, stability and sustainability of coal mine land and any adjacent land; (b) the planning for the Latrobe Valley region in relation to the rehabilitation of coal mine land and any adjacent land, and the relationship between each mine void; (c) the development of a plan for the monitoring and evaluation of coal mine land after rehabilitation of that land is complete. S. 84AZN inserted by No. 22/2017 s. 5. 84AZN Publication of regional rehabilitation strategy (1) The Minister must cause to be published on an Internet site maintained by the Department the regional rehabilitation strategy. (2) As soon as practicable after the regional rehabilitation strategy is published under subsection (1) the Minister must publish a notice stating the date of that publication in the Government Gazette. S. 84AZO inserted by No. 22/2017 s. 5. 84AZO Review of regional rehabilitation strategy The Minister must review the regional rehabilitation strategy at least once every 3 years after it is published. S. 84AZP inserted by No. 22/2017 s. 5. 84AZP Amendment of regional rehabilitation strategy The Minister may amend the regional rehabilitation strategy at any time. S. 84AZQ inserted by No. 22/2017 s. 5. 84AZQ Publication of amendment to regional rehabilitation strategy (1) The Minister must cause to be published on an Internet site maintained by the Department the regional rehabilitation strategy, as amended under section 84AZP. (2) As soon as practicable after the amended regional rehabilitation strategy is published under subsection (1), the Minister must publish a notice stating the date of the publication of the amended regional rehabilitation strategy under subsection (1) in the Government Gazette. S. 84AZR inserted by No. 22/2017 s. 5, amended by No. 32/2019 s. 43. 84AZR Minister must consult Before publishing the regional rehabilitation strategy under section 84AZN or an amendment under section 84AZQ, the Minister must consult the Rehabilitation Authority. Pt 7C (Headings and ss 84AZS–84AZZM) inserted by No. 32/2019 s. 44. Part 7C—Declared mine land rehabilitation Division 1—Preliminary S. 84AZS inserted by No. 32/2019 s. 44. 84AZS Definitions S. 84AZS def. of *call back determination* inserted by No. 2/2026 s. 8(2). ***call back determination*** means a determination made under section 84AZZO; S. 84AZS def. of *former holder* inserted by No. 2/2026 s. 8(2). ***former holder***, in relation to a licence that covers declared mine land, means the person who held the licence immediately before its expiry or cancellation, and ***declared mine licensee*** must be read accordingly; S. 84AZS def. of *person subject to* *call back* inserted by No. 2/2026 s. 8(2). ***person subject to*** ***call back*** has the meaning set out in section 84AZZN; S. 84AZS def. of *public sector body* inserted by No. 2/2026 s. 8(2). ***public sector body*** has the same meaning as in Part 7A; S. 84AZS def. of *recognition and settlement agreement* inserted by No. 2/2026 s. 8(2). ***recognition and settlement agreement*** has the same meaning as in the **Traditional Owner Settlement Act 2010**; ***Register of land*** has the same meaning as ***Register*** in the **Transfer of Land Act 1958**; ***Registrar*** has the same meaning as in the **Transfer of Land Act 1958**; ***registration amount*** means an amount specified in a registration direction; S. 84AZS def. of *registration direction* amended by No. 2/2026 s. 8(1). ***registration direction*** means a direction given by the Minister under section 84AZZB(1)(c); S. 84AZS def. of *rehabilitation costs* inserted by No. 2/2026 s. 8(2). ***rehabilitation costs*** means any amount by which the costs incurred by the Minister in taking an action to rehabilitate declared mine land under section 83(1) exceeds, or is likely to exceed, the amount of the bond or bonds that apply to the declared mine land; S. 84AZS def. of *rehabilitation or closure requirement* inserted by No. 2/2026 s. 8(2). ***rehabilitation or closure requirement***, in relation to a licence that covers declared mine land (whether or not in force), means any of the following— (a) in the case of declared mine land to which a declared mine rehabilitation plan applies, an obligation or a requirement (however described) placed on the declared mine licensee by the declared mine rehabilitation plan; (b) in the case of declared mine land to which no declared mine rehabilitation plan applies, an obligation or a requirement (however described) placed on the declared mine licensee by a rehabilitation plan; (c) an obligation or a requirement (however described) placed on the declared mine licensee by a registered post-closure plan; S. 84AZS def. of *related body corporate* inserted by No. 2/2026 s. 8(2). ***related body corporate***, in relation to a body corporate, has the same meaning as in the Corporations Act; S. 84AZS def. of *related rehabilitation action* inserted by No. 2/2026 s. 8(2). ***related rehabilitation action***, in relation to a remedial direction that requires a called-back person to pay rehabilitation costs, means the action to rehabilitate the declared mine land taken by the Minister under section 83(1) to which the rehabilitation costs relate; S. 84AZS def. of *traditional owner group* inserted by No. 2/2026 s. 8(2). ***traditional owner group*** has the same meaning as in the **Traditional Owner Settlement Act 2010**. S. 84AZT inserted by No. 32/2019 s. 44. 84AZT Ministerial direction—declared mine land (1) The Minister may direct the Rehabilitation Authority to meet specified priorities and policies in relation to declared mine land by notice published in the Government Gazette. (2) The Minister may from time to time, after consulting the Board, vary or revoke a direction given under subsection (1) by notice published in the Government Gazette. (3) A direction under subsection (1), including a variation or revocation of a direction, applies on and from the publication of the notice in the Government Gazette or any later date specified in the direction. Division 2—Declared mine rehabilitation plans S. 84AZU inserted by No. 32/2019 s. 44. 84AZU Declared mine licensee to prepare plan for rehabilitation of land (1) A declared mine licensee must prepare for the approval by the Department Head, a plan for the rehabilitation of the declared mine land covered by the licensee's licence. (2) The plan must be prepared within the prescribed period. (3) The plan must include— S. 84AZU(3)(a) amended by No. 2/2026 s. 28(a). (a) any requirement that the declared mine licensee enter into a further rehabilitation bond; and S. 84AZU (3)(ab) inserted by No. 2/2026 s. 28(b). (ab) any prescribed criteria (***rehabilitation criteria***) for the rehabilitation of the declared mine land; and (b) the prescribed criteria (***closure criteria***) to be met by the declared mine licensee for the closure of the mine on the declared mine land; and (c) a document (***post-closure plan***) that sets out the monitoring and maintenance to be carried out on the closure of the mine on the declared mine land by (as the case requires)— (i) the declared mine licensee; or (ii) the Rehabilitation Authority; or (iii) the owner of the land; and (d) an undertaking by the declared mine licensee to pay the registration amount to the Minister on a registration direction being given for the declared mine land; and (e) an assessment of the risks posed by the geotechnical, hydrogeological, water quality or hydrological factors within the declared mine land; and (f) any other prescribed matter. (4) The declared mine licensee must consult with a prescribed person or a prescribed class of persons in relation to the plan. S. 84AZV inserted by No. 32/2019 s. 44. 84AZV Department Head to consider plan for rehabilitation of declared mine land (1) On receiving a plan prepared under section 84AZU the Department Head must, in considering the plan— (a) consult the Rehabilitation Authority; and (b) in respect of the closure criteria for the plan, consult with the Crown land Minister and the Minister responsible for administering each of the following Acts— (c) take into account any other prescribed matter; and (d) follow any other prescribed process. (2) The Department Head may, after considering the plan under subsection (1)— (a) approve the plan; or (b) require the changes to the plan specified in a notice to the declared mine licensee to be made before the plan will be approved; or (c) refuse to approve the plan. (3) After considering the plan, the Department Head must as soon as practicable— (a) notify the declared mine licensee of the decision under subsection (2); and (b) if the Department Head refuses to approve the plan under subsection (2)(c), provide reasons for the decision. S. 84AZW inserted by No. 32/2019 s. 44. 84AZW Application for variation of declared mine rehabilitation plan (1) A declared mine licensee may from time to time apply to the Department Head to vary a declared mine rehabilitation plan. (2) On receiving an application under subsection (1), the Department Head must in considering the application— (a) consult with the Crown land Minister and the Minister responsible for administering the following Acts— (b) take into account any other prescribed matter; and (c) follow any other prescribed process. (3) The Department Head may, after considering the variation— (a) approve the variation of the declared mine rehabilitation plan; or (b) require the changes to the variation of the declared mine rehabilitation plan specified in a notice to the declared mine licensee to be made before the plan will be approved; or (c) refuse to approve the variation of the declared mine rehabilitation plan. (4) After considering the variation, the Department Head must as soon as practicable— (a) notify the declared mine licensee of the decision under subsection (3); and (b) if the Department Head refuses to approve the variation under subsection (3)(c), provide reasons for the decision. S. 84AZWA inserted by No. 2/2026 s. 18. 84AZWA Minor variation of declared mine rehabilitation plan (1) Subject to subsection (2), a declared mine licensee may vary a declared mine rehabilitation plan without applying to vary the declared mine rehabilitation plan under section 84AZW(1) if— (a) the licensee gives the Department Head notice of the proposed variation; and (b) the Department Head determines under subsection (3) that the proposed variation is a minor variation. (2) Subsection (1) does not apply to the holder of a declared mine licence if any part of the land relating to the proposed variation of the declared mine rehabilitation plan is Crown land. (3) Within 28 days after receiving a notice under subsection (1)(a), the Department Head must— (a) in accordance with the regulations (if any), determine whether or not the proposed variation is a minor variation; and (b) give the licensee written notice of that determination and the reasons for it. (4) If the Department Head determines that a proposed variation is a minor variation, the proposed variation is taken to come into effect either— (5) If the Department Head does not comply with subsection (3) 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. (6) The Department Head may direct the holder or former holder of a licence who is required to rehabilitate land in accordance with a declared mine rehabilitation plan to make a minor variation to the declared mine rehabilitation plan. ***minor variation***, in relation to a declared mine rehabilitation plan, means a variation to any part of that declared mine rehabilitation plan that— (a) does not significantly increase the risk that the work set out in the declared mine rehabilitation plan poses— (b) is not a variation prescribed for the purposes of this definition. S. 84AZX inserted by No. 32/2019 s. 44. 84AZX Department Head may direct declared mine licensee to apply for variation of declared mine rehabilitation plan (1) The Department Head may, on the Department Head's own initiative, determine that a declared mine rehabilitation plan be varied. (2) On making a determination, the Department Head must give the declared mine licensee written notice of the proposed variation, and the reasons for it, and give the declared mine licensee an opportunity to comment on the proposal. (3) After considering any comments made by the declared mine licensee, the Department Head may direct the declared mine licensee to make an application for approval of the variation under section 84AZW. Division 3—Closure of mine, registration of declared mine land and post-closure plan S. 84AZY inserted by No. 32/2019 s. 44. 84AZY Application for determination that closure criteria have been met (1) A declared mine licensee may apply to the Minister for a determination that the closure criteria for the declared mine land covered by the licence of the licensee have been met. (2) An application made under subsection (1) must— (a) be accompanied by the prescribed information (if any); and (b) be accompanied by any other document or information reasonably required by the Minister. S. 84AZZ inserted by No. 32/2019 s. 44. 84AZZ Consideration of application that closure criteria have been met (1) On receiving an application made under section 84AZY, the Minister must— (a) request advice from the Rehabilitation Authority on the application; and (b) consult on the application with the Crown land Minister and the Minister responsible for administering the following Acts— (c) take into account any other prescribed matter; and (d) follow any other prescribed process. (2) The Minister must provide a copy of an application under section 84AZY and any accompanying documents to the Rehabilitation Authority and each Minister referred to in subsection (1)(b). S. 84AZZA inserted by No. 32/2019 s. 44. 84AZZA Determination of application—closure criteria (1) After considering an application and any advice or consultations carried out under section 84AZZ, the Minister must determine the application. (2) The Minister may determine— (a) that the declared mine licensee has met the closure criteria for that declared mine land; or (b) that the declared mine licensee has not met the closure criteria for that declared mine land. (3) After determining the application the Minister must as soon as practicable— (a) notify the declared mine licensee of the decision under subsection (2); and (b) if the Minister made a determination under subsection (2)(b), provide reasons for the decision. S. 84AZZB inserted by No. 32/2019 s. 44. 84AZZB Closure criteria for declared mine land met (1) The Minister may, if a declared mine licensee has met the closure criteria for the declared mine land covered by the licensee's licence— (a) return the balance of the rehabilitation bond or any further rehabilitation bond entered into by the declared mine licensee; and (b) consent to the surrender of the declared mine licence; and (c) direct the Rehabilitation Authority to register in the declared mine land register— (i) the declared mine land; and (ii) the post-closure plan for that declared mine land. (2) The Minister must cause a copy of a registration direction to be published in the Government Gazette. (3) A registration direction may require— (a) the Rehabilitation Authority to register the post-closure plan and the declared mine land with any specified conditions and in accordance with the prescribed procedure (if any); and (b) the declared mine licensee to give to the Rehabilitation Authority the prescribed records and information; and (c) the declared mine licensee to pay the Minister the specified registration amount. See section 83A for payment of any rehabilitation bond in respect of declared mine land into the Declared Mine Fund on cancellation of the mining licence. S. 84AZZC inserted by No. 32/2019 s. 44. 84AZZC Registration of declared mine land The Rehabilitation Authority must register any land or part of land that is declared mine land by entering the prescribed matters in the declared mine land register if— (a) the Minister gives a registration direction to the Rehabilitation Authority to register any land or part of the land that is declared mine land; or S. 84AZZC(b) amended by No. 2/2026 s. 30(1). (b) the Minister pays any rehabilitation bond into the Declared Mine Fund under section 83A on the cancellation of a mining licence in respect of any land or part of the land that is declared mine land; or S. 84AZZC(c) inserted by No. 2/2026 s. 30(2). (c) the Minister directs the Rehabilitation Authority to register any land or part of the land that is declared mine land on the cancellation of a mining licence because of a failure to meet a rehabilitation or closure requirement relating to the declared mine land. Division 4—Registered post-closure plans recorded and transfer of registered mine land S. 84AZZD inserted by No. 32/2019 s. 44. 84AZZD Registered post-closure plan recorded on title (1) On the registration of a post-closure plan in the declared mine land register, the Rehabilitation Authority must as soon as practicable lodge with the Registrar notice of any land, other than unalienated Crown land, affected by the registered post-closure plan. (2) On receipt of a notice under this section, the Registrar must make any recordings in the Register of land that are necessary or convenient for the purpose of giving effect to the notice. (3) The Registrar may require any evidence of the identity of any land affected by a notice lodged under this section that the Registrar considers fit. (4) If a Crown grant is issued in respect of registered mine land that is unalienated Crown land, any registered post-closure plan affecting the land must be specified in a notice to the Registrar accompanying the Crown grant. (5) A notice under this section must be in a form approved by the Registrar. S. 84AZZE inserted by No. 32/2019 s. 44. 84AZZE Removal of registered post-closure plan from title (1) On the removal of a registered post-closure plan under section 84AZZM(2)(b) from the declared mine land register, the Rehabilitation Authority must as soon as practicable lodge with the Registrar notice of any land affected by the removal. (2) On receipt of the notice under this section the Registrar must make any recording in the Register of land that is necessary or convenient for the purpose of giving effect to the notice. S. 84AZZF inserted by No. 32/2019 s. 44. 84AZZF Transfer of registered mine land to Rehabilitation Authority The owner of registered mine land may transfer the land in accordance with the **Transfer of Land Act 1958** to the Rehabilitation Authority, whether or not for valuable consideration. Division 5—Declared Mine Fund S. 84AZZG inserted by No. 32/2019 s. 44. 84AZZG Declared Mine Fund There must be established in the Public Account as part of the Trust Fund an account to be known as the Declared Mine Fund. S. 84AZZH inserted by No. 32/2019 s. 44. 84AZZH Payments into the Fund There must be paid into the Declared Mine Fund— (a) all money that is appropriated by the Parliament for the purposes of the Fund; and (b) all money that is received from the investment of money in the Fund; and S. 84AZZH(ba) inserted by No. 2/2026 s. 9. (ba) all money received by the Minister under a remedial direction; and (c) all money directed or authorised to be paid into the Fund by or under this or any other Act. S. 84AZZI inserted by No. 32/2019 s. 44. 84AZZI Payments out of the Fund (1) There must be paid out of the Declared Mine Fund— (a) amounts authorised by the Minister to fund the cost of all or any part of the monitoring, maintenance and rehabilitation of registered mine land; and S. 84AZZI (1)(b) amended by No. 2/2026 s. 10(1). (b) amounts authorised by the Minister to fund the cost of unforeseen events in relation to registered mine land; and S. 84AZZI (1)(c) inserted by No. 2/2026 s. 10(2). (c) amounts authorised by the Minister for the payment of costs and expenses incurred in taking a related rehabilitation action; and S. 84AZZI (1)(d) inserted by No. 2/2026 s. 10(2). (d) amounts authorised by the Minister for the return of any balance of rehabilitation costs paid under a remedial direction after the costs described in paragraph (c) are deducted. (2) There must be paid out of the Declared Mine Fund amounts authorised by the Minister for the payment of costs and expenses incurred in— (a) administering this Part; and (b) monitoring and reporting on the financial operations and financial position of the Fund. S. 84AZZJ inserted by No. 32/2019 s. 44. 84AZZJ Delegation of power to authorise payments The Minister may, by instrument, delegate the Minister's power to authorise payments under section 84AZZI to the Department Head. Division 6—Monitoring and maintenance of registered mine land S. 84AZZK inserted by No. 32/2019 s. 44. 84AZZK Functions and powers of the Rehabilitation Authority—registered mine land In relation to any requirement in a registered post-closure plan for registered mine land not owned by the Rehabilitation Authority that the Rehabilitation Authority carry out ongoing monitoring and maintenance of the land, the Rehabilitation Authority may exercise any function or power under Part 7A, other than a function or power under Division 4 of that Part. Division 7—Register of declared mine land S. 84AZZL inserted by No. 32/2019 s. 44. 84AZZL Register of declared mine land (1) The Rehabilitation Authority must establish and maintain a register of declared mine land registered under this Part. (2) The register of declared mine land may— (a) be kept in electronic form; and (b) be inspected by any person. (3) The Rehabilitation Authority must for each registration of declared mine land— (a) register the following documents in the register of declared mine land— (i) any licence (whether or not in force) that covers the land; (ii) the post-closure plan for the land; (iii) any prescribed records or information that relate to the land; and (b) record in the register of declared mine land— (i) the declared mine land; and (ii) any conditions that apply to the recording of the land; and (iii) any prescribed matters. S. 84AZZM inserted by No. 32/2019 s. 44. 84AZZM Removal of registered mine land from the Register (1) The Minister may direct the Rehabilitation Authority to remove registered mine land or a part of that land from the declared mine land register, if the Minister is satisfied that the geotechnical, water quality or hydrogeological factors that posed a significant risk to public safety, the environment or infrastructure that existed on the registration of the declared mine land are no longer present. (2) On receipt of a direction referred to in subsection (1), the Rehabilitation Authority must amend the declared mine land register— (a) by removing the registered mine land or a part of that land that is the subject of the direction; and (b) by removing the registered post-closure plan for that land if the whole of the land is removed. Pt 7C Div. 8 (Heading and ss 84AZZN–84AZZZA) inserted by No. 2/2026 s. 11. Division 8—Trailing liabilities scheme S. 84AZZN inserted by No. 2/2026 s. 11. 84AZZN Meaning of *person subject to call back* (1) Subject to subsection (2), in this Part, a ***person subject to call back***, in relation to a licence that covers declared mine land, means any of the following— (a) a person that, at any time on or after 6 May 2022, is a related body corporate of the declared mine licensee; (b) a person, other than the declared mine licensee, that at any time on or after 6 May 2022 was the holder of the licence; (c) a related body corporate to a person described in paragraph (b); (d) a person determined under section 84AZZO(1) to be subject to call back in relation to the licence. (2) A person subject to call back in relation to a licence that covers declared mine land does not include— (a) the State of Victoria or a Minister of the Crown in right of Victoria; or (b) a Department or Administrative Office within the meaning of the **Public Administration Act 2004**; or (c) any body or office established for a public purpose by or under an Act, including but not limited to a State owned enterprise within the meaning of the **State Owned Enterprises Act 1992** or a council within the meaning of the **Local Government Act 2020**; or (d) the holder of an office established for a public purpose by or under an Act, in their capacity as such. ***licence*** ***that covers declared mine land*** includes a licence that covers declared mine land, whether or not that licence is in force. S. 84AZZO inserted by No. 2/2026 s. 11. 84AZZO Determination whether person is subject to call back (1) Subject to subsection (3), if the Minister reasonably considers it appropriate to do so, the Minister may determine either that— (a) a person is subject to call back in relation to a licence that covers declared mine land (whether or not in force); or (b) the person is not subject to call back in relation to that licence. (2) In making a determination under subsection (1), the Minister must consider— (a) whether, on or after 6 May 2022— (i) the person has significantly benefitted financially, or is capable of significantly benefitting financially, from work authorised by the licence; or (ii) the person is or has been in a position to influence another person's compliance with any rehabilitation or closure requirement relating to the licence; or (iii) the person is acting or has acted jointly with the declared mine licensee in relation to work authorised by the licence; and (b) any prescribed matter or circumstances; and (c) any response made by the person in accordance with section 84AZZP. (3) The Minister must not determine that a person is subject to call back in relation to a licence that covers declared mine land merely because the person— (a) is or was employed or engaged to provide goods or services on commercial terms by the declared mine licensee; or (b) is or was a shareholder of the declared mine licensee; or (c) in the case of a bank or other financial institution, entered into an arrangement to provide financial accommodation to the declared mine licensee on commercial terms. (4) As soon as practicable after making a determination under subsection (1), the Minister must serve on the person a copy of the determination. (5) A notice under subsection (4) must— (a) be in writing and in the prescribed form (if any); and (b) if the person is determined to be subject to call back, include a statement of reasons for the determination. (6) Nothing in this Division prevents the Minister from making more than one determination under subsection (1) in relation to a particular person or licence. ***financial accommodation*** has the same meaning as in the **Borrowing and Investment Powers Act 1987**. S. 84AZZP inserted by No. 2/2026 s. 11. 84AZZP Consultation before determining person subject to call back (1) Before the Minister makes a call back determination, the Minister must serve notice on the person that the Minister proposes to determine whether the person is subject to call back in relation to a licence that covers declared mine land. (a) set out the reasons for the proposed determination; and (b) invite the person to make submissions on the proposed determination within a specified period; and (c) include any prescribed information. (3) The period described in subsection (2)(b)— (a) must not be less than 10 working days after the notice is served; and (b) may be extended by the Minister. (4) The Minister must not determine that the person is a person subject to call back before the end of the period described in subsection (2)(b). S. 84AZZQ inserted by No. 2/2026 s. 11. 84AZZQ When remedial directions can be given (1) The Minister, by notice served on the person, may direct a person subject to call back in relation to a licence that covers declared mine land (whether or not in force) to take an action if— (a) the Minister is satisfied that the declared mine licensee— (i) has failed to meet a rehabilitation or closure requirement; or (ii) is not able to meet a rehabilitation or closure requirement; and (b) that action is— (i) reasonably necessary to meet a rehabilitation or closure requirement for that licence; or (ii) ancillary to an action described in subparagraph (i), including but not limited to a prescribed ancillary action; and (c) the Minister is satisfied that the Minister is not, or is not likely to be, able to recover rehabilitation costs from the declared mine licensee; and (d) in the case of declared mine land to which no declared mine rehabilitation plan applies— (i) the Minister has not returned the rehabilitation bond or bonds in accordance with section 82; and (ii) the Minister is satisfied that the declared mine land has not been rehabilitated; and (e) in the case of declared mine land to which a declared mine rehabilitation plan applies— (i) the declared mine land is registered in the declared mine land register under section 84AZZC; or (ii) if the declared mine land has not at any time been registered in the declared mine land register under section 84AZZC, the declared mine licensee— (A) has not met the closure criteria for the declared mine land; or (B) has not complied with any requirements of a registration direction for the declared mine land. (2) In deciding whether to give a remedial direction, the Minister— (a) must take into account any prescribed matter; and (b) must follow any prescribed process; and (c) may take into account any other matter that the Minister reasonably considers appropriate. S. 84AZZR inserted by No. 2/2026 s. 11. 84AZZR Consultation before making remedial direction (1) Before making a remedial direction, the Minister must consult— (a) the person subject to call back to whom the Minister proposes to give the remedial direction; and (b) the Premier; and (c) the Treasurer; and (d) if the proposed remedial direction requires an action that would be taken on or likely to affect Crown land, the Crown land Minister; and (e) if the proposed remedial direction requires an action that would be taken on or likely to affect land that is the subject of a recognition and settlement agreement, the traditional owner group whose rights are recognised in the agreement; and (f) the Rehabilitation Authority; and (g) the declared mine licensee, unless it has been wound up; and (h) the owner or occupier of the declared mine land. (2) Before making a remedial direction, the Minister may consult any person, including but not limited to a public sector body. S. 84AZZS inserted by No. 2/2026 s. 11. 84AZZS Content of remedial direction (1) Without limiting section 84AZZQ, a remedial direction may require a person subject to call back— (a) to pay to the Minister all or part of the rehabilitation costs relating to the declared mine land; or (b) if a registration direction has been made in relation to the declared mine land, to pay to the Minister all or part of the registration amount included in the direction; or (c) if no registration direction has been made in relation to the declared mine land, to undertake to pay to the Minister a registration amount specified in a registration direction to be made in the future; or (d) to take out public liability insurance in respect of the rehabilitation of the declared mine land; or (e) to make a genuine effort to obtain any approval, permit or licence (however described) that is required for the action; or (f) to provide information relating to the carrying out of the action. (2) A remedial direction must specify the action that the person subject to call back must take. (3) A remedial direction may— (a) specify standards or conditions with which the person subject to call back must comply while taking the action; or (b) specify the period during which the person must take the action; or (c) include any other information the Minister considers appropriate. (4) The Minister and the person to whom the remedial direction is given may agree in writing to extend the period described in subsection (3)(b). (5) Nothing in this Division prevents the Minister from giving more than one remedial direction to a particular person or in relation to a particular licence. S. 84AZZT inserted by No. 2/2026 s. 11. 84AZZT Variation or revocation of a remedial direction (1) The Minister, by notice served on a person given a remedial direction, may vary or revoke the remedial direction. (2) Before varying or revoking the remedial direction, the Minister must consult— (a) the person to whom the remedial direction was given; and (b) the Premier; and (c) the Treasurer; and (d) if the proposed variation or revocation requires an action that would be taken on or likely to affect Crown land, the Crown land Minister; and (e) if the proposed variation or revocation requires an action that would be taken on or likely to affect land that is the subject of a recognition and settlement agreement, the traditional owner group whose rights are recognised in the agreement; and (f) the Rehabilitation Authority; and (g) the declared mine licensee, unless it has been wound up; and (h) the owner or occupier of the declared mine land. (3) Subsection (2) does not apply if the Minister considers that the proposed variation or revocation is of a minor or technical nature. (4) Before varying or revoking a remedial direction, the Minister may consult any person, including but not limited to a public sector body. S. 84AZZU inserted by No. 2/2026 s. 11. 84AZZU Remedial directions relating to rehabilitation costs (1) A remedial direction requiring a person subject to call back to pay rehabilitation costs may require the person— (a) to make the payment before, during or after the time at which the Minister takes a related rehabilitation action; or (b) to make any further payment necessary to recover the total cost of taking a related rehabilitation action. (2) Despite anything to the contrary in this Division, the Minister cannot, by remedial direction, require a person to both— (a) pay the rehabilitation costs of taking a particular action; and (b) take that particular action. S. 84AZZV inserted by No. 2/2026 s. 11. 84AZZV Minister may require information and documents (1) The Minister, by written notice, may require any person to provide the Minister with any information or document that the Minister reasonably considers relevant to the making of— (a) a call back determination; or (b) a remedial direction. (a) describe the information or document that must be provided; and (b) specify the purpose for which the Minister requires the information or document; and (c) specify the period within which the information or document must be provided; and (d) specify the manner in which the information or document is to be provided to the Minister; and (e) include any prescribed information. (3) The period described in subsection (2)(c)— (a) must not be less than 10 working days; and (b) may be extended by the Minister. (4) A person given a notice under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the notice. (5) A person must not in purported compliance with a notice under subsection (1) provide the Minister with information or a document that the person knows is false or misleading in a material particular. S. 84AZZW inserted by No. 2/2026 s. 11. 84AZZW Power of called-back person to enter declared mine land (1) For the purpose of taking an action specified by a remedial direction, a called-back person may enter the declared mine land to which the remedial direction relates. (2) A called-back person must not enter land under subsection (1) unless— (a) in the case of private land, the person has the written consent of the owner of the land; and (b) in the case of Crown land, the person has the written consent of the Crown land Minister. (3) A consent under subsection (2)— (b) may be subject to reasonable conditions. (4) A called-back person must enter land under subsection (1) at a reasonable time. S. 84AZZX inserted by No. 2/2026 s. 11. 84AZZX Called-back person must comply with remedial direction (1) A called-back person must comply with a remedial direction. Penalty: In the case of a corporation, 2500 penalty units; In the case of a corporation, 300 penalty units; (2) In a proceeding for an offence against subsection (1), it is a defence to the charge for the accused to prove that the accused took all reasonable steps to comply with the remedial direction. S. 84AZZY inserted by No. 2/2026 s. 11. 84AZZY Injunction for non-compliance with remedial direction (1) The Minister may apply to the Supreme Court for an injunction— (a) compelling a called-back person to comply with a remedial direction; or (b) restraining a called-back person from contravening the remedial direction. (2) The Minister may apply for an injunction under subsection (1) whether or not— (a) proceedings have been brought for an offence against this Act or the regulations in relation to the remedial direction; or (b) proceedings have been brought in relation to a matter that gave rise to the decision to give the remedial direction. S. 84AZZZ inserted by No. 2/2026 s. 11. 84AZZZ Secrecy relating to trailing liabilities information and documents (1) This section applies to a person who has at any time— (a) exercised a power or discharged a function under this Act or the regulations; or (b) been employed for the purposes of, or in connection with, the administration of this Act. (2) A person to whom this section applies must not divulge or communicate to any person or publish any trailing liabilities information or document unless the divulgence, communication or publication is made— (a) in the case of any trailing liabilities information or document provided to the Minister by a body corporate, with the written consent of a person authorised to do so by that body corporate or the Minister; or (b) in the case of any trailing liabilities information or document provided to the Minister by a natural person, with the written consent of that person or the Minister; or (c) in connection with the administration of this Act; or (d) for the purpose of any legal proceedings under this Act; or (e) for any prescribed purpose. Penalty: 100 penalty units. (3) The Minister may only consent under subsection (2)(a) or (b) if the Minister is of the opinion that the authorised person or natural person is unreasonably withholding consent. ***trailing liabilities information or document*** means any information or document— (a) provided to the Minister under this Division; and (b) that is obtained by the person to whom this section applies in the course of the person's official duties. S. 84AZZZA inserted by No. 2/2026 s. 11. 84AZZZA Privilege against self-incrimination abrogated (1) A person is not excused from providing information or a document in accordance with a notice under section 84AZZV(1) on the grounds that the information or document might tend to incriminate the person or make the person liable to a penalty. (2) Any information or document provided by a person in accordance with a notice under section 84AZZV(1) is not admissible in evidence against the person in a proceeding for an offence or for the imposition of a penalty, other than a proceeding that relates to false or misleading information or documents that are provided by the person under this Division. Pt 7C Div. 9 (Heading and ss 84AZZZB–84AZZZF) inserted by No. 2/2026 s. 13. Division 9—Notification of change in control S. 84AZZZB inserted by No. 2/2026 s. 13. 84AZZZB Definitions (1) In this Division— ***change in control***, in relation to a declared mine licensee, has the meaning set out in section 84AZZZD; ***control***, in relation to a declared mine licensee, has the meaning set out in section 84AZZZC. (2) For the purposes of this Division, a person acts jointly with another person if the person acts or is accustomed to acting in agreement with, or in accordance with the wishes of, that other person. S. 84AZZZC inserted by No. 2/2026 s. 13. 84AZZZC Meaning of *control* A person controls a declared mine licensee if the person, whether alone or acting jointly with another person— (a) has the power to exercise or controls the exercise of at least 20%, or any other percentage required by the regulations, of the voting rights in the declared mine licensee; or (b) holds or holds an interest in at least 20%, or any other percentage required by the regulations, of the issued securities in the declared mine licensee. S. 84AZZZD inserted by No. 2/2026 s. 13. 84AZZZD Meaning of *change in control* There is a change in control of a declared mine licensee if— (a) one or more persons (an ***original controller***) control the declared mine licensee at a particular time; and (i) another person begins to control the declared mine licensee (whether alone or acting jointly with another person) after that time; or (ii) an original controller (whether alone or acting jointly with another person) ceases to control the declared mine licensee after that time. S. 84AZZZE inserted by No. 2/2026 s. 13. 84AZZZE Declared mine licensee must notify Department Head of change in control (1) A declared mine licensee that is a body corporate must notify the Department Head— (a) of any change in control of the declared mine licensee; or (b) of the existence of any prescribed circumstances relating to the control of the declared mine licensee. Penalty: 300 penalty units. (2) Subsection (1) does not apply if a declared mine licensee has carried out all the obligations and requirements placed on that licensee by any registered post-closure plan. (a) contain any prescribed information; and (b) be made in accordance with the regulations. S. 84AZZZF inserted by No. 2/2026 s. 13. 84AZZZF Department Head may request information relating to control of declared mine licensee (1) If the Department Head receives a notice under section 84AZZZE, the Department Head, by written notice, may require a declared mine licensee to provide the Department Head with any information or document that the Department Head reasonably considers relevant to the control of the declared mine licensee. (a) describe the information or document that must be provided; and (b) specify the period within which the information or document must be provided; and (c) specify the manner in which the information or document must be provided; and (d) include any prescribed information. (3) A person given a notice under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the notice. Penalty: 300 penalty units. (4) A person must not in purported compliance with a notice under subsection (1) provide the Department Head with information or a document that the person knows is false or misleading in a material particular. Pt 7C Div. 10 (Heading and s. 84AZZZG) inserted by No. 2/2026 s. 13. Division 10—Review of operation of Divisions 8 and 9 S. 84AZZZG inserted by No. 2/2026 s. 13. 84AZZZG Review of operation of Divisions 8 and 9 (1) As soon as practicable after the tenth anniversary of the commencement day, the Minister must review the operation of Divisions 8 and 9. (2) The Minister must cause a report on the outcome of the review to be laid before each House of the Parliament as soon as practicable after the review is completed. ***commencement day*** means the day on which section 13 of the **Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Act 2026** comes into operation. Part 8—Compensation Pt 8 Div. 1 (Heading) inserted by No. 6/2009 s. 29. Division 1―General S. 84A inserted by No. 6/2009 s. 29.