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Resources Legislation Amendment Act 2011 No. 53 of 2011

TABLE OF PROVISIONSSection Page

PART 1—PRELIMINARY 1

1 Purpose 12 Commencement 2

PART 2—AMENDMENTS TO THE MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 3

3 Application for a licence 34 Boundaries of licence area must be surveyed and marked out 35 Cancellation of licence 36 Land subject to a licence under Part 2 3

PART 3—AMENDMENTS TO THE MINERAL RESOURCES AMENDMENT (SUSTAINABLE DEVELOPMENT) ACT 2010 5

7 Application for a licence 58 Application procedure 59 Schedule 8 5

PART 4—AMENDMENTS TO THE GEOTHERMAL ENERGY RESOURCES ACT 2005 7

10 New section 166A inserted 7166A Surveys and drilling operations 7

PART 5—AMENDMENTS TO THE GREENHOUSE GAS GEOLOGICAL SEQUESTRATION ACT 2008 9

11 Community consultation plans 912 Requirements for community consultation plan 913 Minister to approve community consultation plan 1014 Plan to be provided to community 10

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PART 6—AMENDMENTS TO THE PIPELINES ACT 2005 11

15 Decision on application under section 68 1116 New Division heading inserted 1117 New section 82A inserted 11

82A Decommissioning part of a pipeline 1118 New Division heading inserted 1219 Right to seek review of decision to cancel 12

PART 7—AMENDMENTS TO THE OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010 13

20 Service of documents 1321 Regulations 13

PART 8—REPEAL OF AMENDING ACT 15

22 Repeal of amending Act 15═══════════════

ENDNOTES 16

Resources Legislation Amendment Act 2011†

No. 53 of 2011

[Assented to 18 October 2011]

The Parliament of Victoria enacts:

PART 1—PRELIMINARY

1 Purpose

The main purpose of this Act is—

(a) to amend the Mineral Resources (Sustainable Development) Act 1990—

(i) to further provide for the introduction of prospecting and retention licences; and

Victoria

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(ii) to provide that applicants for a prospecting licence must give notice to land owners and occupiers; and

(b) to amend the Mineral Resources Amendment (Sustainable Development) Act 2010 to provide additional transitional arrangements for certain exploration licences; and

(c) to amend the Geothermal Energy Resources Act 2005 to enable the authorisation of certain surveys and drilling operations on land for the purpose of geothermal exploration; and

(d) to amend the Greenhouse Gas Geological Sequestration Act 2008 to provide that, in certain specified cases, the holder of an authority must submit a community consultation plan within 3 months of the grant of the authority; and

(e) to amend the Pipelines Act 2005 to provide for part of a pipeline to be decommissioned; and

(f) to make minor and technical amendments to the Mineral Resources (Sustainable Development) Act 1990, the Pipelines Act 2005 and the Offshore Petroleum and Greenhouse Gas Storage Act 2010 to improve their operation.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 31 December 2012, it comes into operation on that day.

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Section Page

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s. 2

Section Page

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PART 2—AMENDMENTS TO THE MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990

3 Application for a licenceSee:Act No.92/1990.Reprint No. 8as at14 October 2010and amendingAct Nos59/2010, 74/2010, 78/2010 and 29/2011.LawToday:www.legislation.vic.gov.aus. 3

In section 15(5) of the Mineral Resources (Sustainable Development) Act 1990, after "mining licence" insert "or a prospecting licence".

4 Boundaries of licence area must be surveyed and marked out

In section 38AA(1) of the Mineral Resources (Sustainable Development) Act 1990, after "mining licence" insert ", prospecting licence or retention licence".

5 Cancellation of licence

In section 38(1A) of the Mineral Resources (Sustainable Development) Act 1990, for "31(1A)" substitute "31(1)".

Part 8—Repeal of amending Act

Resources Legislation Amendment Act 2011No. 53 of 2011

4

6 Land subject to a licence under Part 2

In section 77S of the Mineral Resources (Sustainable Development) Act 1990—

(a) in subsection (1)(b) and (c), for "an exploration and mining licence" substitute "a licence"; and

(b) in subsection (3), for "an exploration and mining licence" substitute "a licence".

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s. 6Part 8—Repeal of amending Act


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PART 3—AMENDMENTS TO THE MINERAL RESOURCES AMENDMENT (SUSTAINABLE DEVELOPMENT) ACT 2010

7 Application for a licenceSee:Act No.59/2010and amending Act No. 29/2011.Statute Book:www.legislation.vic.gov.aus. 7

In section 9(5) of the Mineral Resources Amendment (Sustainable Development) Act 2010, in proposed section 15(1A)(g)(i) of the Mineral Resources (Sustainable Development) Act 1990, for "and" substitute "or".

8 Application procedure

In section 15(b) of the Mineral Resources Amendment (Sustainable Development) Act 2010, for "(6A) to (6C)" substitute "15(6A) to (6C)".

9 Schedule 8

(1) In section 30 of the Mineral Resources Amendment (Sustainable Development) Act 2010, for the heading to proposed clause 5 of Schedule 8 to the Mineral Resources (Sustainable Development) Act 1990 substitute—

"Exploration licences in effect for 10 years or less and that have been renewed at least once".

(2) In section 30 of the Mineral Resources Amendment (Sustainable Development) Act 2010, for proposed clause 5(1)(a)(ii) of



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Schedule 8 to the Mineral Resources (Sustainable Development) Act 1990 substitute—

"(ii) that has been, at the time of commencement, in effect for a period of 10 years or less and renewed at least once; and".

(3) In section 30 of the Mineral Resources Amendment (Sustainable Development) Act 2010, in proposed clause 7(1) of Schedule 8 to the Mineral Resources (Sustainable Development) Act 1990—

(a) in paragraph (g), for "17 December 2008." substitute "17 December 2008;"; and

(b) after paragraph (g) insert—

"(h) exploration licence No. 3242 granted on 24 April 1987 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 4470 granted on 14 August 1979;

(i) exploration licence No. 3422 granted on 31 January 1994 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 5146 granted on 17 December 1996;

(j) exploration licence No. 3640 granted on 15 September 1994 to the extent that the licence covers land not within the outer boundaries of the land described in the mining licence No. 4756 granted on 17 January 1989.".

(4) In section 30 of the Mineral Resources Amendment (Sustainable Development) Act



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2010, in proposed clause 8(1)(d) of Schedule 8 to the Mineral Resources (Sustainable Development) Act 1990—

(a) for "licences" substitute "licence"; and

(b) omit "and No. 5378 granted on 25 July 1988".

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PART 4—AMENDMENTS TO THE GEOTHERMAL ENERGY RESOURCES ACT 2005

10 New section 166A inserted

After section 166 of the Geothermal Energy Resources Act 2005 insert—

"166A Surveys and drilling operations

(1) The Minister may authorise in writing any person to enter, or fly over, any land for the purpose of making a land, geothermal or geological survey on behalf of the Department.

(2) The Minister may authorise in writing any person to enter any land for the purpose of the carrying out by the Department of any drilling operations for the purpose of carrying out geothermal or geological tests.

(3) A person authorised to enter land under subsection (1) or (2)—

(a) may do any thing on the land that is necessary for the purposes of the survey or drilling operations; and

(b) must cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and

(c) must remain on the land only for so long as is reasonably necessary; and

(d) must remove from the land on completion of the survey or drilling operations all plant, machinery,

See:Act No.7/2005.Reprint No. 1as at31 July 2008and amendingAct Nos4/2008, 10/2010, 55/2010, 62/2010 and 74/2010.LawToday:www.legislation.vic.gov.au



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equipment, goods or buildings brought onto, or erected on, the land other than any of those things that the owner or occupier agrees may be left on the land; and

(e) must leave the land, as nearly as possible, in the condition in which it was immediately before the commencement of the survey or drilling operations; and

(f) must use the person's best endeavours to co-operate with the owner and occupier.

(4) Part 8 applies to any survey under subsection (1) or drilling operations under subsection (2)—

(a) as if a reference in that Part to an authority holder were a reference to the Department; and

(b) as if a reference in that Part to the carrying out of a geothermal energy operation were a reference to the carrying out of the survey or drilling operations, as the case requires.".

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PART 5—AMENDMENTS TO THE GREENHOUSE GAS GEOLOGICAL SEQUESTRATION ACT 2008

11 Community consultation plansSee:Act No.61/2008and amendingAct Nos10/2010, 55/2010 and 62/2010.LawToday:www.legislation.vic.gov.aus. 11

(1) For section 153(1) of the Greenhouse Gas Geological Sequestration Act 2008 substitute—

"(1) A holder of an authority must submit to the Minister a community consultation plan and a list of stakeholders if the holder has not previously prepared an Environment Effects Statement under the Environment Effects Act 1978 in relation to the activities that are to be carried out under the authority.

(1A) The community consultation plan must be submitted to the Minister—

(a) within 90 days of the grant of the authority; or

(b) before carrying out an activity under the authority—

whichever is the earlier.".

(2) In section 153(2) and (3) of the Greenhouse Gas Geological Sequestration Act 2008, for "applicant" substitute "holder of an authority".

12 Requirements for community consultation plan

In section 154(1) of the Greenhouse Gas Geological Sequestration Act 2008—



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(a) in paragraph (a), for "applicant for an authority" substitute "holder of the authority";

(b) in paragraph (d)(ii), for "applicant for the authority" substitute "holder of the authority".

13 Minister to approve community consultation plan

(1) For section 155(1) of the Greenhouse Gas Geological Sequestration Act 2008 substitute—

"(1) The Minister must within 21 days of receiving a community consultation plan from a holder of an authority advise the holder of whether or not the plan is adequate.".

(2) In section 155(2) and (3) of the Greenhouse Gas Geological Sequestration Act 2008, for "applicant" substitute "holder of the authority".

14 Plan to be provided to community

In section 156 of the Greenhouse Gas Geological Sequestration Act 2008, for "If an application for an authority is granted, the holder" substitute "A holder".

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PART 6—AMENDMENTS TO THE PIPELINES ACT 2005

15 Decision on application under section 68See:Act No.61/2005.Reprint No. 1 as at 22 June 2011 and amending Act No. 10/2010.LawToday:www.legislation.vic.gov.aus. 15

In section 70(2) of the Pipelines Act 2005, after "alteration" insert "to the extent that the alteration affects Crown land".

16 New Division heading inserted

After section 81 of the Pipelines Act 2005 insert—

"Division 8A—Decommissioning".

17 New section 82A inserted

After section 82 of the Pipelines Act 2005 insert—

"82A Decommissioning part of a pipeline

(1) A licensee may decommission part of a pipeline with the consent of the Minister.

(2) The Minister may require the licensee to prepare a plan that provides for the decommissioning of that part of the pipeline



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(a decommissioning plan) before giving his or her consent.

(3) If the Minister has required the licensee to prepare a decommissioning plan—

(a) the licensee must—

(i) prepare the plan in accordance with the regulations; and

(ii) include in the plan the prescribed information; and

(b) the Minister must not give his or her consent to the decommissioning of that part of the pipeline unless the Minister is satisfied with that plan.

(4) Without limiting subsection (2), the Minister must not unreasonably refuse to give his or her consent.

(5) The Minister may still give his or her consent to the decommissioning of that part of the pipeline even if he or she is not satisfied with the decommissioning plan that has been prepared if the failure of the licensee to prepare the plan to the satisfaction of the Minister was the result of one or more events beyond the control of the licensee.".

18 New Division heading inserted

Before section 83 of the Pipelines Act 2005 insert—

"Division 8B—Other matters".

19 Right to seek review of decision to cancel

In section 83 of the Pipelines Act 2005, for "Division" substitute "Part".

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15

PART 7—AMENDMENTS TO THE OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE ACT 2010

20 Service of documentsSee:Act No.10/2010and amendingAct Nos55/2010, 62/2010 and 80/2010.Statute Book:www.legislation.vic.gov.aus. 20

(1) In the table at the foot of section 788(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, after "Act" insert "or the regulations".

(2) In section 789 of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, after "Act" insert "or the regulations".

(3) In section 790(2)(b) and (4)(a) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, after "Act" insert "or the regulations".

(4) In section 791(2)(b) and (4)(a) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, after "Act" insert "or the regulations".

21 Regulations

(1) In section 794(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, for "Governor-General" substitute "Governor in Council".

(2) After section 794(2) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 insert—

"(2A) Without limiting subsection (1) or (2), the regulations may make provision for securing,



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controlling or restricting any or all of the matters or things specified in Schedule 4.".

(3) In section 794(3)(d) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010, for "person." substitute "person;".

(4) After section 794(3)(d) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 insert—

"(e) may provide in a specified case or class of case for the exemption of people or things from any of the provisions of the regulations, whether unconditionally or on specified conditions, and either wholly or to such an extent as is specified.".

(5) In section 794(3) of the Offshore Petroleum and Greenhouse Gas Storage Act 2010 (where secondly occurring), for "(3)" substitute "(4)".

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PART 8—REPEAL OF AMENDING ACT

22 Repeal of amending Act

This Act is repealed on 31 December 2013.Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

Endnotes


19

† Minister's second reading speech—

Legislative Assembly: 17 August 2011

Legislative Council: 15 September 2011

The long title for the Bill for this Act was "A Bill for an Act to amend the Mineral Resources (Sustainable Development) Act 1990, the Mineral Resources Amendment (Sustainable Development) Act 2010, the Geothermal Energy Resources Act 2005, the Greenhouse Gas Geological Sequestration Act 2008, the Pipelines Act 2005 and the Offshore Petroleum and Greenhouse Gas Storage Act 2010 and for other purposes."

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