Back
to Top

 
  • Share this page on Facebook
  • Print this page

Mining Warden - Annual Report Summary 2015-16

Introduction

The Office of the Mining Warden is created under Part 11 of the Mineral Resources (Sustainable Development) Act 1990 (the Act).

The Mining Warden has three functions under the Act, to:

  • investigate and attempt to settle certain mining-related disputes, under Section 97
  • investigate and make recommendations to the Minister for Resources on certain mining-related matters, under Section 98 and
  • make recommendations to the Minister for Resources on whether requirements to obtain certain consents should be waived, under Section 25A.

The former Mining Warden, Mr E John Butler, reported to the Minister for Resources on the affairs of the Office of the Mining Warden for the financial year ending 30 June 2016, in accordance with Section 105 of the Act.

Statistical information

Eight new cases were opened by the Office of the Mining Warden during the 2015-16 financial year:

Nature of the matter

Section under the Act

Files opened

Disputes

97

6

Investigations referred by Minister or Department Head

98

1

Other matters

N/A

1

Of the cases opened during the 2015-16 financial year:

  • three cases involved a dispute between a landowner and a mining company and
  • three cases involved a dispute between a mining company and the department.

Five cases from previous years also received attention:

Nature of the matter

Section under the Act

Files investigated

Disputes

97

3

Investigations referred by Minister or Department Head

98

1

Other matters

N/A

1

Seven cases were closed by the Office of the Mining Warden during the 2015-16 financial year. Four cases were carried over into the 2016-17 financial year.

Other matters

The Office of the Mining Warden received inquiries regarding additional matters which did not require a case to be opened, although advice and assistance were provided. These are summarised below in accordance with Section 105(2) of the Act:

  • powers of the Mining Warden
  • statutory interpretation;
  • landowner consent to access private land
  • miner's rights
  • dangerous goods licence transferals
  • quarry operations
  • licensing issues
  • transfer of mining titles and licences
  • disused mine sites
  • registration of past mining licences
  • rehabilitation issues and rehabilitation rights of landowners
  • statistics from the Office of the Mining Warden
  • access enquiries to private land for prospecting and exploration
  • applications by liquidators for information
  • areas covered by mining, prospecting and exploration licences
  • property searches for licences and impact on water issues
  • history in relation to early mines, disused mine sites and areas for rehabilitation
  • decisions on previous cases before the Mining Warden.

The workload of the Office of the Mining Warden decreased slightly from the previous year.

Further information

More information about the functions, obligations and procedures for the Mining Warden are available at:
www.energyandresources.vic.gov.au/about-us/legislation/mining-warden.

Contact details

Victorian Mining Warden's Office
Level 16, 121 Exhibition Street
Melbourne  VIC   3000

Tel: (03) 8392 2218
Fax: (03) 9092 2066
Email: miningwarden@miningwarden.vic.gov.au