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Compliance and enforcement 

Remedial notices

Terms explained:

  • Remedial – To correct or improve something.
  • Direction – Measure (s) to be taken to remedy risks or breaches of law.
  • Contravention – To go against the rules or laws.
  • Non-compliance – Failure to act within the law.
  • Revegetation - Replanting and rebuilding soil of disturbed land.
  • Rehabilitation – Act of restoring something to its original state.

What is a remedial notice?

A remedial notice (Notice) is a written legal direction asking a licence holder to stop particular activities or start remedial work.

It relates to minerals and quarrying and is issued to a licence holder to take action or stop work.

The notice is served under the Section 110 of the Minerals Resources (Sustainable Development) Act 1990 (MRSDA).

Who makes the decision to issue a remedial notice?

An Earth Resources Regulation (ERR) inspector issues the Notice.

Inspectors are Authorised Officers - only Authorised Officers can issue remedial notices.

The decision to issue a Notice is typically taken to provide plans or information, stop work, remedy a non-compliance issue or avoid a potential risk to public safety, the environment or land.

What is remedial work?

In mining and quarrying, remedial work is done to correct or improve site activities or conditions.

Remedial work could relate to various issues including safety, environmental, community or process, management and operational activities.

What's the purpose of issuing a remedial notice?

Remedial notices are issued to stop or fix non-compliance issues or prevent them from happening.

The Notice:

  • provides a legal record that ERR has required action to remedy or avoid a breach or address a risk
  • gives the licence holder specific details about the risks and the actions required to fix them under their licence conditions
  • ensures licence holders are treated consistently.

What directions do remedial notices typically have?

A remedial notice contains directions. Directions are measure(s) taken to remedy risks or breaches of law.

Typically a remedial notice lists directions that must be addressed by the licence holder to comply with their licence conditions.

This could include a range of requests such as :

  • produce a safety plan
  • engage with the community
  • revegetate affected land
  • implement a pre-testing program to identify contaminants.

What is the process of issuing a remedial notice?

If a licence holder is operating a non-compliant site, an inspector will:

  • identify site issues – current or potential
  • write a site inspection report and prepare a draft Notice
  • consult with the licence holder about the draft Notice
  • formally issue the Notice to the licence holder to action.

How long does a licence holder have to comply with the Notice?

Every Notice issued contains unique directions and states the completion date(s) for remedial works.

What happens if the licence holder doesn't comply with the Notice?

It is an offence under the MRSDA not to comply with a Notice.

Failure to comply can include financial penalties, injunctions and prosecutions against the licence holder (an individual or company).

Key points

  • A Notice is issued to a licence holder to require plans, mitigate actual or potential risk, or for non-compliance.
  • Directions are measure(s) taken to mitigate the risks identified in the Notice.
  • It is an offence under the MRSDA not to comply with a Notice.

Related sites

Remedial notice served to Kralcopic Pty Ltd for Woodvale

Kralcopic Pty Ltd holds five mining and exploration licences for GMB Gold's four project sites in and around Bendigo, Victoria.

On 29 July 2016, Kralcopic Pty Ltd was issued with a remedial notice (Section 110) under the Mineral Resources (Sustainable Development) Act.

The remedial notice (Notice) was served for operations at Bendigo Gold's Woodvale site.

A Notice is a written legal direction asking a licence holder to stop particular activities or start remedial work. The Notice lists directions that must be addressed within a specific timeframe by Kralcopic Pty Ltd to comply with their licence conditions.

Key points

  • Kralcopic Pty Ltd is the licence holder of the Bendigo Gold Project, comprised of five mining and exploration sites.
  • It is an offence under the MRSDA not to comply with a Notice.
  • Failure to comply can result in penalties, injunctions and prosecutions.

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