Victorian Numbered Regulations

MINERAL RESOURCES DEVELOPMENT (MINING) AMENDMENT REGULATIONS 2010 (SR NO 56 OF 2010) - REG 7

After Part 3 of the Principal Regulations, insert —

" PART 3A—REQUIREMENTS FOR DECLARED MINES

        32A     Mine stability requirements for declared mines

For the purposes of sections 40(3)(ab) and 41AE of the Act, the prescribed mine stability requirements and processes are the requirements and processes set out in Part 2 of Schedule 13.

        32B     Reporting relating to declared mines

    (1)     The holder of a mining licence that relates to a declared mine must report in writing to the Department Head in respect of each period of 6 months—

        (a)     ending on 30 June or 31 December, or

        (b)     if the Department Head nominates other dates in writing to the holder, ending on a date so nominated—

and must provide the report to the Department Head within 3 months after the end of the period to which it relates.

    (2)     A report under subregulation (1) must include—

        (a)     the outcomes of reviews of the assessment, plan and controls for the management of geotechnical and hydrogeological risks for the declared mine, taking into account the results of monitoring carried out under the monitoring plan, and details of—

              (i)     the implementation of control measures;

              (ii)     any stability modelling undertaken;

              (iii)     any significant changes in the operation of the declared mine;

              (iv)     implications for the mine design components;

        (b)     the results of the monitoring plan set out in the work plan;

        (c)     a description of activities taken to implement the declared mine stability controls and the groundwater control system set out in Part 2 of Schedule 13 and any recommended changes to the work plan.

        32C     Mine stability levy

For the purposes of section 38AAA of the Act the mines set out in Schedule 19A are prescribed for the purposes of the mine stability levy.

        32D     Amount of mine stability levy

For the purpose of section 38AAD of the Act the total amount of the mine stability levy is 34 868 fee units.

        32E     How the mine stability levy is to be paid

    (1)     For the purpose of section 38AAE of the Act—

        (a)     the mine stability levy must be paid in respect of each financial year;

        (b)     a licence holder in respect of a prescribed mine must pay the mine stability levy     within 4 weeks of—

              (i)     30 June in respect of a financial year ending on that day; or

              (ii)     any alternative due date specified by the Minister under subregulation (2).

    (2)     The Minister may by notice to the licensee, vary the period for which the mine stability levy must be paid and the due date on which the mine stability levy is payable.

    (3)     The amount of any mine stability levy that is not paid by the due date is subject to interest at the rate prescribed under the Penalty Interest Rates Act 1983 .

    (4)     Any interest payable under subregulation (3) is to be calculated from the due date to the date of the payment of the mine stability levy and interest.

    (5)     In this regulation, "due date "means the date by which the mine stability levy is payable under subregulation (1)(b) or (2).

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