Victorian Numbered Acts Victorian Numbered ActsAfter Schedule 6 to the Principal Act insert —
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SCHEDULE 7
SAVING AND TRANSITIONAL PROVISIONS ARISING FROM THE RESOURCES INDUSTRY LEGISLATION AMENDMENT ACT 2009
In this Schedule—
"amending Act" means the Resources Industry Legislation Amendment Act 2009 ;
"old Act" means the Extractive Industries Development Act 1995 as in force before its repeal.
Despite the repeal of the old Act, a work authority granted under that Act and in force immediately before the repeal of the old Act, continues in force as if it were an extractive industry work authority granted under this Act.
(1) If the holder of a work authority, that is continued in operation under clause 2, made an application under section 18 of the old Act to vary the work plan relating to that work authority and that application has not been determined before the commencement of the amending Act, the application must be determined in accordance with this Act.
(2) Despite anything to the contrary in this Act, the holder of a work authority granted under the old Act and continued in operation under clause 2 must not make an application to vary the work plan relating t o that authority if the extractive industry―
(a) is carried out on land that has an area of less than 5 hectares and a depth of less than 5 metres; and
(b) does not require blasting or the clearing of native vegetation.
(3) The holder of a work authority to which subclause (2) applies may apply, in writing, to the Minister for a determination of the Minister that the holder is not required to comply with the work plan relating to that authority.
(4) If the holder of a work authority makes an application un der subclause (3), the Minister―
(a) may determine that the holder is not required to comply with the work plan relating to that authority; and
(b) may impose a condition on that authority requiring compliance with a Code of Practice.
On the commencement of the amending Act the person who was, immediately before the commencement of that Act, the Chief Inspector of Quarries within the meaning of the old Act―
(a) is deemed to be the Chief Inspector within the meaning of this Act; and
(b) is deemed to be substituted as a party to any proceedings pending in any court to which the Chief Inspector of Quarries was a party immediately before the repeal of the old Act.
On the commencement of the amending Act a person who was, immediately before the commencement of that Act, an inspector within the meaning of the old Act ―
(a) is deemed to be an inspector within the meaning of this Act; and
(b) is deemed to be substituted as a party to any proceedings pending in any court to which that inspector was a party immediately before the repeal of the old Act.".
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PART 3―EXTRAC TIVE INDUSTRIES DEVELOPMENT ACT 1995