Work plan and planning consent
New mineral industries regulations commence on 1 July 2019. This page is being reviewed and may require updates.
This is a brief description of the Department of Jobs, Precincts and Regions' (the department's) requirements for a mining work plan and additional requirements before work can commence under the Mineral Resources (Sustainable Development) Act 1990 (MRSDA).
The work plan for a mining licence must contain the information listed in Regulations 40 and 42 to 46 of the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019, including a rehabilitation plan, risk management plan and a community engagement plan.
Work plan and planning permit
The work plan cannot be approved until any required planning approval has been granted (MRSDA section 40A(24)(a)). The planning scheme covering your licence area will most probably require a planning permit for mining activities.
However, you must have your work plan statutorily endorsed by the department before you apply for a planning permit. The department has an integrated mining work plan and planning approval process to ensure that all issues that will affect a mining proposal are raised at the earliest possible stage rather than emerge during the planning permit process.
You must submit a work plan within 6 months after licence grant (refer to condition 6 of the mining licence document). The department will work with you to develop a work plan.
The development of a work plan will require an initial site meeting. The department is required under 77TE of the MRSDA to give a copy of the work plan to every referral authority (as defined in the Planning and Environment Act 1987) that it considers should be given the work plan. This includes those referral authorities listed at Clause 66 of the Victorian Planning Provisions. Therefore, the site meeting will include all of the relevant referral authorities and a representative from the municipal council. The purpose of the site meeting is to identify all of the issues that should be addressed in the work plan. To commence preparation for a site meeting please contact the department.
Once the draft work plan is ready for submission the work plan should be submitted via Resource Rights Allocation Management (RRAM). The Earth Resources Regulation Assessments team will assess the work plan and either return it for changes, refuse it or refer it (where a planning permit is required).
When a work plan is submitted and assessed as satisfactory it will be referred to the referral authorities for consent to statutory endorsement. The endorsed work plan which receives statutory endorsement will include all the conditions requested by the referral authorities. Statutory endorsement of a work plan signals that it is suitable to support a planning permit application.
Section 77TH of the MRSDA provides the opportunity to apply to the Victorian Civil and Administrative Tribunal for a review of a decision to either:
- refuse statutory endorsement of the work plan or variation to the approved work plan; or
- statutorily endorse the work plan or variation to the approved work plan subject to conditions.
Statutory endorsement of work plans removes the duplication of referrals that previously existed. When you submit a work plan which has received statutory endorsement council will not repeat the referrals already undertaken.
Once a planning permit is granted the endorsed work plan and planning permit must be provided to the department. The department has 28 days to either approve, refuse or require changes to the work plan. Conditions may be attached to the work plan at the point of approval.
Environment Effects Statement (EES)
Some mining projects are required by the Minister for Planning to prepare an Environment Effects Statement (EES) instead of applying for a planning permit. You should consult this department immediately if you are believe you may be required to prepare an EES.
A rehabilitation bond will be set by the department. The bond amount will be determined in consultation with the Crown land Manager if the work plan covers Crown land or in consultation with the landowner and the municipal council if the work plan covers private land. The amount of the bond will be finalised after you have obtained the planning permit.
Written consent or registered compensation agreement with landowners etc
- Private Land: If you intend to work on private land (including land to a depth of 100 m) you must obtain the written consent of the owners and occupiers; or make compensation agreements with them; or by agreement, purchase the land. Compensation disputes may be resolved by the Land Valuation Division of the Victorian Civil and Administrative Tribunal or referred to the Supreme Court. Compensation agreements should include such information as Parish, Crown Allotment numbers and Section (if applicable). You must lodge compensation agreements with the department for registration. In circumstances where the licensee is unable to determine the name and address of the owners and occupiers, these requirements may be waived (section 43(2) of the MRSDA).
- Restricted Crown land: If you propose to work on restricted Crown land (as defined in the MRSDA) you must obtain consent of the Crown Land Minister. You should consult the local Parks Victoria office before applying for this consent. Your licence document will provide guidance as to the land status.
Please note that land which is the subject of a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993 is considered as private land and their consent is required.
Water supply catchment: If you propose to do work in a water supply catchment, that is, on land that is owned by, vested in or managed by Melbourne Water or an Authority under the Water Act 1989, you must obtain consent from that Board or Authority.
Notice of intention to commence work
You must give 7 days notice to the Chief Inspector of your intention to commence work.
You must also give 7 days notice to the owners and occupiers of land on which you intend to work. If you intend to work on Crown land, you must give notice to the Crown land Manager at the appropriate regional department of Environment, Land, Water and Planning office.
Public highways and roads: You must give 21 days notice of any proposed work to the person or body having care or management of the public highway or road.
Public liability insurance
You must be insured under a policy of public liability insurance in respect of doing work under the licence, (currently a minimum of not less than $10 million). Working without public liability insurance will incur an infringement penalty. The insurance policy must not exclude any work activity that is authorised by the Approved Work Plan or the Mining Licence or Prospecting Licence.
Page last updated: 03 Sep 2019