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Failure to submit statutory returns - Infringement Notices

Mineral Resources (Sustainable Development) Act 1990

The Infringements Act 2006 provides a framework for issuing and serving of Infringement Notices for offences and enforcement of Infringement Notices.

The holder of a tenement granted under the Mineral Resources (Sustainable Development) Act 1990, is required to submit statutory returns within prescribed deadlines.

Failure to submit a return within the required time, will automatically result in the issue of an Infringement Notice. The Infringements Act 2006 provides for the department, as an enforcement agency, to determine if an Infringement Notice is appropriate and then to issue such notice.

Under the Infringements Act 2006, if an Infringement Notice is not paid by the due date further action will be undertaken by Civic Compliance Victoria.

Where the Infringement Notice remains unpaid the matter will be referred to the Infringements Court. The Infringements Act 2006 also allows for receivers of Infringement Notices to apply for an internal review and request that the matter be referred to the Magistrates Court.

It is important that you are aware of the above and ensure that all statutory returns are completed and lodged within the required deadlines.

For further information, please contact your Tenements Officer.