Victorian Numbered Acts Victorian Numbered ActsAfter section 77H of the Principal Act insert —
(1) The holder of an extractive industry work authority may vary an approved work plan without lodging an application for approval of the proposed variation under section 77H(1) if—
(a) the holder gives the Department Head notice of the proposed variation; and
(b) the Department Head determines under subsection (2) that the proposed variation is a minor variation.
(2) Within 28 days after receiving a notice under subsection (1)(a), the Department Head must—
(a) determine whether or not the proposed variation is a minor variation; and
(b) give the holder of the extractive industry work authority written notice of that determination and the reasons for it.
(3) If the Department Head determines that a proposed variation is a minor variation, the proposed variation is taken to come into effect either—
(a) on the day on which the determination is made; or
(b) on any later day specified in the determination.
(4) If the Department Head does not comply with subsection (2) within the prescribed period after receiving the notice under subsection (1)(a), the Department Head is taken to have determined that the proposed variation is not a minor variation.
(5) In this section—
"minor variation", in relation to an approved work plan, means a variation to any part of that approved work plan that—
(a) does not significantly increase the risk that the work set out in the approved work plan poses—
(i) to the environment; or
(ii) to any member of the public; or
(iii) to land, property or infrastructure in the vicinity of that work; and
(b) is not a specified variation; and
(c) does not affect any liability to pay the environment mitigation levy within the meaning of the Melbourne Strategic Assessment (Environment Mitigation Levy) Act 2020 .".