Victorian Numbered Acts

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) AMENDMENT ACT 2023 (NO. 23 OF 2023) - SECT 24

For section 40 of the Principal Act substitute —

        "     40     Lodgement of rehabilitation plan—mining licence and prospecting licence

    (1)     The holder of a mining licence or a prospecting licence under which mining is proposed to be carried out must lodge a rehabilitation plan with the Department Head if—

        (a)     the self-assessed risk level for the licence is higher risk or moderate risk; or

        (b)     the Department Head determines that the licence is a higher risk licence or moderate risk licence under section 38AAG or 43AF.

    (2)     If a licensee lodges a rehabilitation plan under subsection (1) on the basis that the self-assessed risk level for the licence is moderate risk and the Department Head determines that the licence is a higher risk licence, the licensee must, within the prescribed period—

        (a)     review the rehabilitation plan; and

        (b)     either—

              (i)     notify the Department Head that no changes to the rehabilitation plan are required; or

              (ii)     lodge a revised rehabilitation plan with the Department Head.

    (3)     If a licensee lodges a rehabilitation plan under subsection (1) on the basis that the self-assessed risk level for the licence is higher risk and the Department Head determines that the licence is a moderate risk licence, the licensee must, within the prescribed period—

        (a)     review the rehabilitation plan; and

        (b)     either—

              (i)     notify the Department Head that no changes to the rehabilitation plan are required; or

              (ii)     lodge a revised rehabilitation plan with the Department Head.

    (4)     If a licensee lodges a rehabilitation plan under subsection (1) on the basis that the self-assessed risk level for the licence is moderate risk or higher risk and the Department Head determines that the licence is a lower risk licence, that rehabilitation plan has no effect.

    (5)     Without limiting section 79 or 84AZU, a rehabilitation plan lodged under subsection (1) must—

        (a)     set out details of how the land covered by the licence or affected by work under the licence will be rehabilitated; and

        (b)     in the case of a mining licence relating to a declared mine, contain the prescribed mine stability requirements and processes; and

        (c)     include any matters required by the regulations.

    (6)     If any part of the land affected by the rehabilitation plan is Crown land, the Department Head must without delay lodge a copy of the rehabilitation plan with the Crown land Minister.

    (7)     Within 28 days after a copy of the rehabilitation plan is lodged with the Crown land Minister under subsection (6), or any longer period allowed by the Minister, the Crown land Minister—

        (a)     must give comments to the Minister on the rehabilitation plan; and

        (b)     may recommend changes to be made to, or conditions to be imposed on, the rehabilitation plan before it is approved.".