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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Extractive Industries (Lysterfield) Amendment Bill
2011
TABLE OF PROVISIONS
Clause Page
1 Purpose 2
2 Commencement 2
3 New section 10A inserted 2
10A Extractive industry licence taken to include certain
changes 2
4 Repeal of amending Act 10
ENDNOTES 11
571094B.I-31/8/2011 i BILL LA INTRODUCTION 31/8/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Extractive Industries (Lysterfield)
Amendment Bill 2011
A Bill for an Act to amend the Extractive Industries (Lysterfield)
Act 1986 and for other purposes.
Preamble
The State and Boral Resources (Vic) Pty Ltd
(the Company) are parties to an agreement that
is set out in the Schedule to the Extractive
Industries (Lysterfield) Act 1986 (the
Agreement) under which the State granted the
Company an extractive industry lease and an
extractive industry licence on the terms set out in
the Agreement. These terms include a term under
which the Company must pay reclamation levies
that are, in turn, payable into the Lysterfield
Reclamation Levy Fund (the Fund), and a term
under which the Company is to be paid money
from the Fund to cover the cost of the reclamation
of lands in accordance with the Agreement.
In 2002 the Minister for Energy and Resources
agreed to payments from the Fund for certain
reclamation works subject to a number of
conditions, including a condition that the Company
571094B.I-31/8/2011 1 BILL LA INTRODUCTION 31/8/2011
Extractive Industries (Lysterfield) Amendment Bill 2011
s. 1
will undertake investigations into alternative
quarry design options.
The reclamation works were successfully
completed and paid for by the end of 2005 and the
Company undertook those investigations and
developed a revised quarry design which has been
agreed to by the State.
It is expedient to enact legislation to enable
changes to be made to the quarry in accordance
with the revised quarry design.
The Parliament of Victoria therefore enacts:
1 Purpose
The main purpose of this Act is to amend the
Extractive Industries (Lysterfield) Act 1986 to
give effect to changes to the special conditions set
5 out in Schedule B to the extractive industry
licence, as set in the Schedule to that Act, to
enable the quarry operated by Boral Resources
(Vic) Pty Ltd, and to which that Act applies, to be
redesigned.
10 2 Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 New section 10A inserted
See: After section 10 of the Extractive Industries
Act No.
15 25/1986 (Lysterfield) Act 1986 insert--
and
amending '10A Extractive industry licence taken to
Act Nos
18/1989 and include certain changes
100/1995.
LawToday: Despite anything to the contrary in this Act,
www. the Agreement, the lease of land, the
legislation.
20 vic.gov.au extractive industry lease or the extractive
industry licence set out in the Schedule, the
571094B.I-31/8/2011 2 BILL LA INTRODUCTION 31/8/2011
Extractive Industries (Lysterfield) Amendment Bill 2011
s. 3
special conditions to the extractive industry
licence are taken to have effect as if--
(a) for special condition 1.1 there were
substituted the following special
5 condition--
"1.1 The licensee shall, subject to the
following licence conditions,
operate the quarry in accordance
with the Approved Working Plan
10 and Approved Working Proposal
consisting of the following
documents--
Working Plan VQ5-2
Locality Plan VQ5-20
Landscape Proposal VQ5-21
Cross Sections X1, X2 VQ5-3
and X3
Cross Sections X4, X5 VQ5-4
and L2
Cross Section L1 VQ5-5
Stage 1 Development VQ5-6
Plan
Stage 2 Development VQ5-9
Plan
Stage 3 Development Refer
Plan VQ5-2
"; and
(b) in special condition 1.2, for
15 "Progressive Development Plans" there
were substituted "Staged Development
Plans"; and
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Extractive Industries (Lysterfield) Amendment Bill 2011
s. 3
(c) for special condition 1.3 there were
substituted the following special
condition--
"1.3 No variations to the Approved
5 Plans listed above in condition 1.1
(including the Working Plan,
Locality Plan, Landscape
Proposal, Cross Sections and
Development Plans) by the
10 licensee shall be permitted without
the prior written approval of the
Minister. In authorising any
variations to the plans the Minister
will ensure that--
15 (i) appropriate referral is made
to the Department of
Sustainability and
Environment, Parks Victoria
and the City of Knox; and
20 (ii) the variation is clearly stated
and dated on the plan."; and
(d) in special condition 1.4, for "A new
Working Plan shall at least once in
every twelve months" there were
25 substituted "When requested a new
Working Plan shall"; and
(e) in special condition 2.2 after
"AS 1725-1975 Galvanised Rail-less
Security Fences and Gates" there were
30 inserted "(as updated from time to
time)"; and
(f) in special condition 3.3, for 'City
Engineer, City of Knox (hereinafter
called "the City Engineer")' there were
35 substituted "City of Knox"; and
571094B.I-31/8/2011 4 BILL LA INTRODUCTION 31/8/2011
Extractive Industries (Lysterfield) Amendment Bill 2011
s. 3
(g) in special condition 7.3, for "mounts"
there were substituted "mounds"; and
(h) in special condition 9.1, for
"Progressive Development Plans" there
5 were substituted "Staged Development
Plans"; and
(i) for special condition 14.1 there were
substituted the following special
condition--
10 "14.1 Unless otherwise authorised in
writing by an Inspector in
consultation with the City of Knox
no operations except for essential
plant maintenance shall take place
15 outside the hours as shown in the
following table--
Monday to
Activity Friday Saturday
Normal 06:00 hrs to 06:00 hrs to
quarry 18:00 hrs 18:00 hrs
operations
excluding
blasting
Processing 06:00 hrs to 06:00 hrs to
Plant plus 22:00 hrs 22:00 hrs
Front End
Loaders to
feed plant
and
stockpile
products
Blasting 10:00 hrs to
16:00 hrs
Load out 06:00 hrs to 06:00 hrs to
and 20:00 hrs 20:00 hrs
cartage
"; and
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Extractive Industries (Lysterfield) Amendment Bill 2011
s. 3
(j) in special condition 18.3.2, for "facts"
there were substituted "faces"; and
(k) for special condition 18.6 there were
substituted the following special
5 condition--
"18.6 An overflow shall be constructed
on the south western side of the
quarry to limit the maximum
water level to an appropriate level
10 within the beaching."; and
(l) in special condition 19.2, for "proceed
within twelve months and be completed
within two years of the establishment of
terminal faces" there were substituted
15 "commence within two years of
reaching the terminal face between
R.L. 135 and 150m"; and
(m) for special condition 19.3 there were
substituted the following special
20 condition--
"19.3 Extraction and rehabilitation
sequencing shall be scheduled to
minimise visual impact, as far as
is reasonably practicable."; and
25 (n) in special condition 19.4.1, for "Plan
VQ5-21" there were substituted
"approved Landscape Proposal Plan
VQ5-21 (to the satisfaction of the
Department of Primary Industries in
30 consultation with the Department of
Sustainability and Environment, Parks
Victoria and the City of Knox)"; and
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Extractive Industries (Lysterfield) Amendment Bill 2011
s. 3
(o) for the list of plants in special condition
19.6.4 there were substituted the
following list--
"Acacia implexa
5 Acacia melanoxylon
Casuarina stricta
Eucalyptus baxteri
Eucalyptus cephalocarpa
Eucalyptus goniocalyx
10 Eucalyptus melliodora
Eucalyptus muelleriana
Eucalyptus obliqua
Eucalyptus ovata
Eucalyptus radiata
15 Eucalyptus viminalis"; and
(p) for the list of plants in special condition
19.6.5 there were substituted the
following list--
"Acacia dealbata
20 Acacia floribunda
Acacia iteaphylla
Acacia leprosa
Acacia longifolia
Acacia mearnsii
25 Acacia paradoxa
Acacia pycnantha
Acacia saligna
Acacia stricta
Allocasuarina littoralis
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Extractive Industries (Lysterfield) Amendment Bill 2011
s. 3
Bursaria spinosa
Callistemon citrinus
Cassinia aculeata
Goodenia ovata
5 Kunzea ericoides
Leptospermum continentale
Leptospermum phylicoides
Melaleuca armillaris
Melaleuca ericifolia
10 Melaleuca lanceolata
Melaleuca squarrosa
Ozothamnus ferrugineus"; and
(q) in special condition 19.6.6 after
"causes" there were inserted "(to the
15 satisfaction of the Department of
Primary Industries in consultation with
the Department of Sustainability and
Environment, Parks Victoria and the
City of Knox)"; and
20 (r) in special condition 19.7--
(i) for "distributed" there were
substituted "distribution"; and
(ii) after "by" there were inserted
"the"; and
25 (s) for special condition 19.8 there were
substituted the following special
condition--
"19.8 A reticulated watering system
shall be provided on all plantation
30 areas if necessary."; and
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Extractive Industries (Lysterfield) Amendment Bill 2011
s. 3
(t) for special condition 19.9 there were
substituted the following special
condition--
"19.9 Prior to 2030 and at least 5 years
5 prior to the expected completion
of final extraction the licensee
must consult with the Department
of Primary Industries and the
Department of Sustainability and
10 Environment and prepare a
Pre-closure Plan. The plan will
include--
19.9.1 A schedule providing the
proposed timing of the
15 remaining rehabilitation
works.
19.9.2 A Water Management Plan
(prepared by a suitably
qualified and experienced
20 hydrogeologist) that
demonstrates how and when
the final lake will be
established.
19.9A On completion of final
25 extraction--
19.9A.1 All plant, vehicles, buildings,
machinery and equipment
shall be disposed of away
from or within the licensed
30 area in a manner and location
approved by an Inspector.
19.9A.2 All roads and plant area used
in the quarrying operation
shall be deep ripped, graded
35 and reclaimed in accordance
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Extractive Industries (Lysterfield) Amendment Bill 2011
s. 4
with the provisions of
conditions 19.4 and 19.6.
19.9A.3 Any excavated material that
cannot be sold commercially
5 or used for reclamation shall
be placed in neat and tidy
dumps so shaped as to
conform with the
surrounding landscape and
10 reclaimed in accordance with
the provisions of conditions
19.4 and 19.6."; and
(u) in special conditions 3.4, 7.1, 7.2, 10.1,
12.2, 13.3, 14.2, 18.3, 18.4, 19.2, 19.4.3
15 and 19.11.3, for "City Engineer" there
were substituted "City of Knox".'.
4 Repeal of amending Act
This Act is repealed on the first anniversary of
the day on which it receives the Royal Assent.
20 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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Extractive Industries (Lysterfield) Amendment Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571094B.I-31/8/2011 11 BILL LA INTRODUCTION 31/8/2011
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