IMPORTANT NOTICE TO LANDOWNER—PLEASE READ BEFORE SIGNING
The licensee is prohibited by section 45(1) of the Mineral Resources (Sustainable Development) Act 1990 (the Act) from doing any work within 100 metres laterally of a dwelling house that existed before an approved work plan was registered in respect of the licence or within 100 metres below that area, unless the licensee has the written consent of the owners of the land on which that dwelling house is located or an authority from the Minister.
Work is defined in section 45(7) of the Mineral Resources (Sustainable Development) Act 1990 and covers a range of mining-related activities. The licensee proposes to do work in accordance with the description or work plan attached to this form.
By signing this form, you give your written consent to the licensee doing work within 100 metres laterally of a dwelling house situated on your land or within 100 metres below that area.
What happens if I give consent?
Your consent is voluntary. You are not required to sign this form.
If you do give consent:
You cannot withdraw your consent and any subsequent owner of the land cannot withdraw a consent you have given.
Your consent binds all subsequent owners and occupiers of the land.
If the land is owned by 2 or more people, all the owners must give their consent by signing this form and each owner's signature will need to be witnessed.
You may make your consent conditional on depth or distance restrictions.
Before you sign this form:
You may wish to seek advice before you decide whether to give consent.
LANDOWNER'S CONSENT UNDER SECTION 45
Office Use only:
LICENSEE:
Name of Licensee:
Address of Licensee:
Licence Number and Type:
LANDOWNER(S):
Name:
Address:
Name:
Address:
PARTICULARS OF LAND:
Address/description:
Schedule Sch 15 - Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 - Landowner's consent under section 45 | Zoe
Title Particulars:
*I am/*we are the owner(s) of the land set out above. *I/*we understand that the licensee is prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Mineral Resources (Sustainable Development) Act 1990 from doing work within 100 metres laterally of a dwelling house situated on the land or within 100 metres below that area, unless *I/*we give written consent.
*I/*we consent to the licensee doing work within and below the area otherwise prohibited by sections 45(1)(a)(i) and 45(1)(b) of the Act in accordance with the description or work plan attached to this consent.
*This consent is given subject to the following condition(s) as to distance or depth:
OR
*This consent is not subject to any conditions.
*I/*We have read the notice to landowners, above, and understand that:
• *My/*our consent is voluntary; and
• *I/*we cannot withdraw this consent; and
• this consent binds all subsequent owners and occupiers of the land.
Signature of landowner:
Name of landowner:
Witnessed by:
Signature of witness:
Name of witness:
Date:
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019, S.R. No. 48/2019 were made on 18 June 2019 by the Governor in Council under section 124 of the Mineral Resources (Sustainable Development) Act 1990, No. 92/1990 and came into operation on 1 July 2019: regulation 3.
The Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 will sunset 10 years after the day of making on 18 June 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 by statutory rules, subordinate instruments and Acts.
Reg. 24(3): S.R. No. 43/2015 as amended by S.R. No. 189/2018.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 48/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| Regulation 11 | ISO 1928:2009(E) Solid Mineral Fuels – Determination of gross calorific value by the bomb calorimetric method and calculation of net calorific value published by the International Organization for Standardization in June 2009, Third Edition 2009-06-01. | The whole |