Victorian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) AMENDMENT ACT 2023 (NO. 23 OF 2023) - SECT 86

Review by Tribunal

    (1)     In section 77TI(1) of the Principal Act, for "work plan" (wherever occurring) substitute "rehabilitation plan".

    (2)     Section 77TI(3) of the Principal Act is repealed .

    (3)     In section 77TI(5) of the Principal Act—

        (a)     for "Subsections (1) and (3) do not" substitute "Subsection (1) does not";

        (b)     for "work plan" (where twice occurring) substitute "rehabilitation plan".

    (4)     After section 77TI(5) of the Principal Act insert

    "(6)     The holder of a licence may apply to the Tribunal for a review of—

        (a)     a decision of the Department Head under section 38AAG(3) to determine the risk level for the licence; or

        (b)     a decision of the Department Head under section 43AF to determine the risk level for the licence after review; or

        (c)     a decision of the Department Head under clause 2 of Schedule 10 to determine the risk level for the licence.

    (7)     The holder of an extractive industry work authority may apply to the Tribunal for a review of—

        (a)     a decision of the Department Head under section 77IB(1) to determine the risk level for the authority; or

        (b)     a decision of the Department Head under section 77KAAE to determine the risk level for the authority after review; or

        (c)     a decision of the Department Head under clause 2 of Schedule 10 to determine the risk level for the authority.

    (8)     In subsections (6) and (7)—

"holder", in relation to a licence or an extractive industry work authority, includes any former holder of a licence or an authority that has ceased to apply to land who is required to rehabilitate the land in accordance with a rehabilitation plan.".



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback