Victorian Numbered Acts

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) AMENDMENT ACT 2014 (NO. 10 OF 2014) - SECT 28

For section 77H of the Principal Act substitute —

        " 77H     Application for variation of work plan

    (1)     The holder of an extractive industry work authority who—

        (a)     proposes to vary an approved work plan; or

        (b)     is directed by the Department Head under section 77HA to lodge an application for approval of a variation of a work plan—

must lodge an application for approval of the variation with the Department Head.

    (2)     An application for approval of a variation must contain the prescribed information.

    (3)     A proposed specified variation that is the subject of an application must be statutorily endorsed.

        77HA     Department Head may direct holder to lodge application for variation of work plan

    (1)     The Department Head may, on his or her own initiative, determine that an approved work plan be varied.

    (2)     On making a determination, the Department Head must give the holder of the extractive industry work authority written notice of the proposed variation, and the reasons for it, and give the holder an opportunity to comment on the proposal.

    (3)     After considering any comments made by the holder of the work authority, the Department Head may direct the holder to lodge an application for approval of the variation.

        77HB     Approval of variation of work plan

    (1)     On application by a holder of an extractive industry work authority under section 77H(1) or 77KB for approval of the variation of a work plan, the Department Head must, within 28 days after the application is lodged—

        (a)     approve the variation with or without conditions; or

        (b)     require the changes specified in a notice to the licensee to be made before the variation will be approved; or

        (c)     refuse to approve the variation.

    (2)     The Department Head must not approve a variation of a work plan unless he or she has consulted the municipal council in whose municipal district the land is situated.

    (3)     Once the Department Head has decided to approve a variation, the approved work plan for the work authority is the work plan as amended by that variation.

    (4)     The Department Head must—

        (a)     notify the holder of the work authority of his or her decision on the application; and

        (b)     give the holder of the work authority a statement of reasons for the decision.".