Victorian Numbered Regulations Victorian Numbered RegulationsAt the end of Part 5 of the Principal Regulations insert —
For the purposes of section 84AZU(2) of the Act, the prescribed period is—
(a) in the case of a Latrobe Valley region coal mine within the meaning of section 38AAA of the Act, the period of 3 years beginning on 1 October 2022; or
(b) in the case of a declared mine other than a Latrobe Valley region coal mine, the period of 12 months beginning on the date the Order made under section 7C of the Act in relation to that declared mine is published in the Government Gazette; or
(c) if the Minister approves a period under regulation 64B, that period.
(1) A declared mine licensee may apply to the Minister for approval to prepare a declared mine rehabilitation plan within a period up to 12 months longer than the period prescribed by regulation 64A(a) or (b) that applies to the licensee.
(2) An application must be made to the Minister at least 28 days before the end of the period prescribed by regulation 64A(a) or (b) that applies to the licensee.
(3) The Minister may approve or refuse to approve the preparation of a declared mine rehabilitation plan within a period that is up to 24 months longer than a period prescribed by regulation 64A(a) or (b) that applies to a licensee.
For the purposes of section 84AZU(3)(b) of the Act, the prescribed criteria ( closure criteria ) are as follows—
(a) the measures the licensee must take to address the risks to public health and safety, the environment and infrastructure posed by the geotechnical, hydrogeological, water quality or hydrological status of declared mine land covered by the licence;
(b) the actions the licensee must take to achieve the long-term objective to convert the declared mine land to a safe and stable and sustainable condition;
(c) the measures the licensee must take to minimise the erosion of the declared mine land;
(d) the measures the licensee must take to revegetate the declared mine land;
(e) the measures the licensee must implement to assess and manage fire risks;
(f) the actions that the licensee must take to manage the physical attributes of the declared mine land;
(g) the measures the licensee must take to mitigate the limits or constraints on rehabilitation of the declared mine land;
(h) the objectives that the licensee must satisfy for the proposed landform to be able to support the proposed outcomes for land use;
(i) the actions that the licensee must take to ensure the compatibility of the proposed final landform with the surrounding areas;
(j) the milestones that the licensee must meet on the progress of the rehabilitation, the rate of mining and the nature of the mining operation;
(k) the rate and expected level of ongoing research into aspects of the declared mine land and water that the licensee must achieve—
(i) to resolve any deficiencies in the available data; and
(ii) to limit any uncertainty surrounding the state of the declared mine land and water;
(l) the measures the licensee must take to manage aspects of the water that includes water quality, water availability for rehabilitation, water balance and any impacts on the broader water system;
(m) the use that the licensee must make of appropriate technologies to mitigate negative impacts on the declared mine land;
(n) the measures the licensee must take to enable all the expected post-closure outcomes.
For the purposes of section 84AZU(3)(c) of the Act, a post-closure plan must contain information on the following matters—
(a) the ongoing monitoring and maintenance activities required to maintain the declared mine land in a safe and stable state after closure;
(b) a risk management plan for the mitigation of risks that may continue post-closure;
(c) the plant that the declared mine licensee proposes—
(i) to use to meet the closure criteria for the declared mine land; and
(ii) to leave on the declared mine land and that will become the property of the Crown under section 114 of the Act;
(d) who is responsible for post-closure monitoring and maintenance activities;
(e) the time and manner in which the ongoing monitoring and maintenance activities will be carried out after closure;
(f) any further supporting data, reports and information that must be provided to the Rehabilitation Authority after the post-closure plan is registered, for the purposes of monitoring and evaluating the rehabilitation planning activities.
An undertaking given under section 84AZU(3)(d) of the Act must be given—
(a) in the form approved by the Department Head; and
(b) in accordance with the procedure approved by the Department Head.
(1) For the purposes of section 84AZU(3)(f) of the Act, the following are prescribed matters—
(a) the information relating to rehabilitation specified in subregulation (2);
(b) a stakeholder engagement plan that—
(i) identifies the persons or classes of persons, including the persons or classes of persons prescribed by regulation 64G—
(A) consulted on the draft declared mine rehabilitation plan; and
(B) who will be consulted on the declared mine rehabilitation plan; and
(ii) includes a strategy and milestones for ongoing engagement with those persons and classes of persons during rehabilitation and closure of the declared mine; and
(iii) complies with any relevant guidelines issued by the Minister under section 120A of the Act;
(c) the proposed outcomes for land use and proposed post-mining land use, including any land that is not able to be rehabilitated to a stable condition, described in a manner consistent with any relevant guidelines issued by the Minister under section 120A of the Act;
(d) all the legal approvals and permissions required for the activities or outcomes in the declared mine rehabilitation plan;
(e) the components of the declared mine rehabilitation plan in relation to which additional details must be provided annually in accordance with regulation 57A(b)(i).
(2) For the purposes of subregulation (1)(a), the following information is specified—
(a) any use of passive controls to maximise the rehabilitation outcome that any landforms are to be safe, stable and sustainable;
(b) the rehabilitation or closure objectives that are consistent with—
(i) any relevant guidelines issued by the Minister under section 120A of the Act; or
(ii) information that the Department Head has approved;
(c) the rehabilitation or closure milestones relevant to the ongoing monitoring, management and maintenance of the declared mine land including—
(i) milestones necessary for the rehabilitation of the land to a safe, stable and sustainable condition and to minimise the risks posed by the declared mine land; and
(ii) milestones required to meet the closure criteria set out in regulation 64C; and
(iii) milestones for obtaining the relevant legal approvals and permissions required for the rehabilitation of the mine, the closure of the mine and post‑closure of the mine under subregulation (1)(d);
(d) an identification and assessment of—
(i) risks that may lead to an early or sudden cessation of operations and closure of the mine; and
(ii) rehabilitation risks and hazards; and
(iii) risks that may affect the rehabilitation outcomes, objectives and milestones that apply to the rehabilitation of the declared mine land;
(e) a risk management plan that specifies the actions the licensee will take to mitigate, as far as reasonably practicable, the risks referred to in paragraph (d), including—
(i) the performance standards to be achieved by either individual measures or a combination of measures; and
(ii) the management systems, practices and procedures the licensee will apply to monitor and manage risks and to comply with performance standards;
(f) an outline of the roles and responsibilities of employees of the licensee including—
(i) the qualifications that the employees hold to competently perform their role; and
(ii) the accountability of the employees for the implementation, management and review of the risk management plan.
Note
See section 84AZU(3) of the Act for other matters that must be included in a declared mine rehabilitation plan.
(1) For the purposes of section 84AZU(4) of the Act, the following persons are prescribed—
(a) the Rehabilitation Authority;
(b) the Minister responsible for administering the Environment Effects Act 1978 ;
(c) in the case of declared mine land that is Crown land, the Crown land Minister;
(d) any responsible authority, within the meaning given by section 13 of the Planning and Environment Act 1987 , for the area in which the declared mine land is located;
(e) any public sector body that is responsible for the authorisation or oversight of a matter in the declared mine rehabilitation plan.
(2) For the purposes of section 84AZU(4) of the Act, the following classes of persons are prescribed—
(a) in the case of a declared mine on private land—
(i) the owner and occupier of the declared mine land affected by the declared mine rehabilitation plan; and
(ii) the owner and occupier of land directly adjacent to the declared mine land affected by the declared mine rehabilitation plan; and
(iii) a traditional owner group or traditional owner group entity, within the meaning of the Traditional Owner Settlement Act 2010 , in the area in which the declared mine land is located;
(b) in the case of a declared mine located in the Latrobe Valley region—
(i) the communities in the Gippsland Region set out in column 2 of Schedule 2 to the Regional Development Victoria Act 2002 ; and
(ii) a traditional owner group or traditional owner group entity, within the meaning of the Traditional Owner Settlement Act 2010 ;
(c) in the case of a declared mine that is not located in the Latrobe Valley region—
(i) the communities in the Region set out in column 2 of Schedule 2 to the Regional Development Victoria Act 2002 that is the Region in which the declared mine is located in whole or part; and
(ii) the communities in a municipal district, within the meaning of the Local Government Act 2020 , that are within one kilometre of the declared mine; and
(iii) a traditional owner group or traditional owner group entity, within the meaning of the Traditional Owner Settlement Act 2010 .
(1) A declared mine licensee who is required to consult under section 84AZU(4) of the Act must publish a notice seeking submissions on the proposed declared mine rehabilitation plan at least 60 days before giving the plan to the Department Head for approval.
(2) The notice must—
(a) be published—
(i) in a newspaper that has circulation in all localities that the declared mine to which the plan relates is located; or
(ii) in a newspaper that has circulation generally in Victoria; or
(iii) by a method approved by the Department Head; and
(b) be published on an Internet site maintained by the declared mine licensee for at least 21 days after the day on which the plan is given to the Department Head; and
(c) state that submissions on the plan may be made to the declared mine licensee on or before a specified date that is at least 60 days after the date of publication of the notice in accordance with paragraph (b); and
(d) contain the following matters—
(i) the name of the declared mine licensee;
(ii) the Internet site or publication in which the plan and information relating to the plan is published in accordance with these Regulations;
(iii) a description of the declared mine land that is covered by the licence, including a map of that land;
(iv) the key elements of the plan—
(A) as set out in any relevant guidelines issued by the Minister under section 120A of the Act; or
(B) as approved by the Department Head;
(v) the declared mine licensee's system for managing the impacts of the plan on the community, including landowners and occupiers, and the environment;
(vi) the declared mine licensee's plan for carrying out the duty under section 39A of the Act to consult the community, including landowners and occupiers, throughout the period of the licence.
(3) The declared mine licensee must consider any submissions that are received on or before the date specified in subregulation (2)(c).
(4) Any method approved by the Department Head for the purposes of subregulation (2)(a)(iii) for the publication of a notice is taken to be approved on the date specified in a notice published in the Government Gazette.
(5) A declared mine licensee, within 7 days after the publication of a notice in accordance with this regulation, must give a copy of that notice to the Department Head.
For the purposes of section 84AZU of the Act, a declared mine rehabilitation plan must—
(a) be in the form approved by the Department Head; and
(b) be submitted in accordance with the process approved by the Department Head.
An application for the approval of a declared mine rehabilitation plan or the variation of a declared mine rehabilitation plan must include the following—
(a) a report on the consultations undertaken under section 84AZU(4) of the Act—
(i) that sets out the matters raised within the consultations and the declared mine licensee's response to those matters; and
(ii) that attaches a copy of any written submissions received by the licensee in response to the consultations;
(b) an assessment of how the plan will meet the rehabilitation outcomes identified in the plan.
For the purposes of section 84AZV(1)(c) of the Act, the prescribed matters are—
(a) the report on consultations under regulation 64J(a); and
(b) in relation to the landform to be achieved on the declared mine land—
(i) the physical safety of humans and animals; and
(ii) the geotechnical and hydrogeological stability of the land; and
(iii) the maintenance of hydrological regimes, the quality and quantity of groundwater and surface water to the extent that any existing or proposed uses, including ecosystem maintenance, will be protected; and
(iv) that the landform does not cause any pollution or contamination; and
(v) that the landform protects the land use and infrastructure of adjacent areas; and
(vi) that the landform minimises the fire risk so that the fire risk is, as far as reasonably practicable, not greater than any surrounding environment; and
(vii) that the landform is resilient to climate change; and
(viii) that the landform promotes ecological integrity so that the post-closure ecosystems are stable or are developing to be regenerative and self-sustaining and biodiversity is protected; and
(ix) that the landform minimises the need for ongoing active monitoring, maintenance or management to a level that is acceptable; and
(c) in relation to rehabilitation outcomes identified in the declared mine rehabilitation plan and the post‑closure plan—
(i) that the benefits to the wellbeing and prosperity of the community are promoted; and
(ii) that the views of the community and Aboriginal persons are taken into account; and
(iii) that the knowledge, rights and aspirations of traditional owner groups in caring for country is acknowledged.
For the purposes of section 84AZV(1)(d) of the Act, the prescribed process is—
(a) the Department Head must, within 28 days of receiving a declared mine rehabilitation plan, consult the following persons on the plan—
(i) the Environment Protection Authority;
(ii) the responsible authority, within the meaning given by section 13 of the Planning and Environment Act 1987 , for the declared mine land covered by the plan;
(iii) in the case of a plan that is subject to an Environment Effects Statement, the Minister responsible for administering the Environment Effects Act 1978 ;
(iv) any public sector body that performs functions relevant to the plan;
(v) any public sector body that is responsible for the authorisation or oversight of matters in the plan;
(vi) any referral authority, within the meaning of section 77TA of the Act, that performs functions relevant to the plan; and
(b) a person referred to in paragraph (a) may provide comments on the plan to the Department Head within 90 days after being consulted on the plan; and
(c) the Department Head must consider any comments received in accordance with paragraph (b); and
(d) the Department Head may, within 120 days of receiving a plan, give the declared mine licensee a written notice requiring the licensee—
(i) to provide specified information relating to any matter under this Part that is necessary to enable the plan to be properly considered; and
(ii) to provide that specified information within a specified time; and
(e) the Department Head may extend the specified time within which a declared mine licensee must comply with a notice given under paragraph (d).
For the purposes of section 84AZW(2)(c) of the Act, the prescribed process is—
(a) the Department Head must, within 28 days of receiving a declared mine rehabilitation plan, consult the following persons on the plan—
(i) the Environment Protection Authority;
(ii) the responsible authority, within the meaning given by section 13 of the Planning and Environment Act 1987 , for the declared mine land covered by the plan;
(iii) in the case of a plan that is subject to an Environment Effects Statement, the Minister responsible for administering the Environment Effects Act 1978 ;
(iv) any public sector body that performs functions relevant to the plan;
(v) any public sector body that is responsible for the authorisation or oversight of matters in the plan;
(vi) any referral authority, within the meaning of section 77TA of the Act, that performs functions relevant to the plan; and
(b) a person referred to in paragraph (a) may provide comments on the declared mine rehabilitation plan to the Department Head within 90 days after being consulted on the plan; and
(c) the Department Head must consider any comments received in accordance with paragraph (b); and
(d) the Department Head may, within 120 days after receiving a declared mine rehabilitation plan, give the declared mine licensee a written notice requiring the licensee—
(i) to provide specified information relating to any matter under this Part that is necessary to enable the plan to be properly considered; and
(ii) to provide that specified information within a specified time; and
(e) the Department Head may extend
the specified time within which a declared mine licensee must comply with a
notice given under paragraph (d).".