Victorian Numbered Acts

RESOURCES LEGISLATION AMENDMENT (FRACKING BAN) ACT 2017 (NO. 8 OF 2017) - SECT 4

After section 8AB of the Mineral Resources (Sustainable Development) Act 1990 insert —

        " 8AC     Offence to carry out exploration or mining of coal seam gas

    (1)     A person must not carry out exploration for, or carry out mining of, coal seam gas on any land.

Penalty:     In the case of a corporation, 1000 penalty units.

    In any other case, 200 penalty units.

Default penalty:

    In the case of a corporation, 20 penalty units.

    In any other case, 10 penalty units.

    (2)     Subsection (1) does not apply to a person who is the holder of an exploration licence, a mining licence or a retention licence and who—

        (a)     in the course of carrying out exploration for, or mining of, a mineral other than coal seam gas in accordance with that licence, incidentally discovers or mines coal seam gas; and

        (b)     reports the discovery of coal seam gas in accordance with section 113A.

        8AD     Offence to carry out hydraulic fracturing

The holder of an exploration licence, a mining licence or a retention licence must not carry out any hydraulic fracturing on any land in the course of carrying out any exploration or mining under the licence.

Penalty:     In the case of a corporation, 1000 penalty units.

    In any other case, 200 penalty units.

Default penalty:

    In the case of a corporation, 20 penalty units.

    In any other case, 10 penalty units.".