Extractive Industries Development Regulations
2007
S.R. No. 37/2007
TABLE OF PROVISIONS
Regulation
Page
PART 1—PRELIMINARY
1
2
3
4
5
1
Objectives
Authorising provision
Commencement
Revocation
Definitions
1
1
2
2
2
PART 2—WORK PLANS AND WORK AUTHORITIES
6
7
8
9
10
11
Work plan for work authorities
Application fee for a work authority
Request fee to vary a work authority
Application fee to transfer a work authority
Inspections
Certain information to be kept at the quarry
PART 3—ROYALTIES
12
13
Calculation of royalties
Time of payment of royalties
6
6
Infringement offences
8
8
PART 5—RECORDS AND RETURNS
15
16
17
3
3
4
4
4
5
6
PART 4—QUARRYING INFRINGEMENTS
14
3
Records and returns—work authorities
Records and returns—consent to search for stone
Expiry
__________________
i
9
9
10
10
Regulation
Page
SCHEDULES
11
SCHEDULE 1—Work Plan Information
11
SCHEDULE 2—Rate of Royalties
14
SCHEDULE 3—Quarrying Infringements
15
SCHEDULE 4—Records and Return—Work Authority
16
SCHEDULE 5—Records and Returns—Consent to Search for Stone
20
═══════════════
ENDNOTES
21
ii
STATUTORY RULES 2007
S.R. No. 37/2007
Extractive Industries Development Act 1995
Extractive Industries Development Regulations
2007
The Governor in Council makes the following Regulations:
Dated: 22 May 2007
Responsible Minister:
PETER BATCHELOR
Minister for Energy and Resources
GAVIN ROSSETTI
Acting Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are to—
(a) provide for the payment of royalties for the
extraction of stone from Crown land;
(b) prescribe various fees, forms, procedures and
other requirements relating to work
authorities for extractive industries;
(c) prescribe penalties and various other matters
authorised by the Act.
2 Authorising provision
These Regulations are made under section 56 of
the Extractive Industries Development Act
1995.
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S.R. No. 37/2007
Part 1—Preliminary
r. 3
3 Commencement
These Regulations come into operation on 26 May
2007.
4 Revocation
The following regulations are revoked—
(a) the Extractive Industries Development
Regulations 19961;
(b) the Extractive Industries Development (Fees
and Rates) Regulations 20002;
(c) the Extractive Industries Development
(Amendment) Regulations 20043;
(d) the Extractive Industries Development
(Amendment) Regulations 20064.
5 Definitions
In these Regulations—
infringement offence means an offence to which
Division 2 of Part 5 of the Act applies;
the Act means the Extractive Industries
Development Act 1995.
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Part 2—Work Plans and Work Authorities
PART 2—WORK PLANS AND WORK AUTHORITIES
6 Work plan for work authorities
(1) A person who lodges a work plan with the
Department Head under section 17(1) of the Act
must—
(a) if the work plan relates to an area of land
5 or more hectares in area or exceeding
2 metres in depth, pay an approval fee of
311 fee units; or
(b) if the work plan relates to an area of land less
than 5 hectares in area and not exceeding
2 metres in depth, pay an approval fee of
104 fee units.
(2) For the purpose of section 17(3) of the Act, the
prescribed information is the information set out
in Schedule 1.
(3) A person who lodges an application for approval
of a proposed variation to a work plan under
section 18(3) of the Act must pay an application
fee of 259 fee units.
(4) For the purpose of section 18(4) of the Act, the
prescribed information is the information set out
in Schedule 1 as that information relates to, and is
applicable to, the proposed variation.
7 Application fee for a work authority
A person who applies for a work authority under
section 19(1) of the Act must, at the time of
making the application—
(a) if the work authority relates to an area of
land 5 or more hectares in area or exceeding
2 metres in depth, pay an application fee of
414 fee units; or
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Part 2—Work Plans and Work Authorities
(b) if the work authority relates to an area of
land less than 5 hectares in area and not
exceeding 2 metres in depth, pay an
application fee of 104 fee units.
8 Request fee to vary a work authority
A holder of a work authority who, under section
22(2)(a) of the Act, requests the Minister to vary
the work authority under section 22(1) of the Act
must pay a request fee of 259 fee units at the time
of making the request.
9 Application fee to transfer a work authority
A holder of a work authority who applies to the
Minister for a consent to transfer the work
authority under section 23 of the Act must pay an
application fee of 155 fee units at the time of
making the application.
10 Inspections
(1) An inspector who has inspected a quarry may
provide to the quarry manager a report of the
inspector's findings regarding the extent to which
the quarry complies with the Act and these
Regulations.
(2) If a quarry manager requests an inspector who has
inspected a quarry managed by the quarry
manager to provide a report of the inspector's
findings regarding the extent to which the quarry
complies with the Act and these Regulations, the
inspector must provide the report to the quarry
manager.
(3) Subject to subregulation (4), if an inspector
inspects a quarry, the holder of the work authority
relating to the quarry must—
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Part 2—Work Plans and Work Authorities
(a) if the work authority relates to an area of
land 5 or more hectares in area or exceeding
2 metres in depth, pay an inspection fee of
243 fee units; or
(b) if the work authority relates to an area of
land less than 5 hectares in area and not
exceeding 2 metres in depth, pay an
inspection fee of 109 fee units.
(4) The holder of a work authority relating to a quarry
is only liable to pay the inspection fee set out in
subregulation (3) for the first inspection of the
quarry in any year.
11 Certain information to be kept at the quarry
The holder of a work authority must ensure that a
copy of the authority and any conditions that
attach to the authority and any approved work
plan are kept at the quarry or other place where an
extractive industry to which the work authority
relates is being carried out for the use and
information of the manager of the extractive
industry operation.
Penalty: 10 penalty units.
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Part 3—Royalties
PART 3—ROYALTIES
12 Calculation of royalties
(1) Unless otherwise specified in a work authority or
waived or varied under section 28(2) of the Act,
royalties are assessable with respect to stone
extracted from Crown land or Alcoa land at the
appropriate rate specified in Schedule 2—
(a) upon that stone being sold or otherwise
removed from the land in respect of which a
work authority is granted; or
(b) if that stone is intended for use in the
manufacture of concrete, asphalt, bricks, tiles
or cement products on the same site where
the stone is extracted, upon that stone being
excavated.
(2) In subregulation (1), Alcoa land means land
within the leased area as defined in the agreement
set out in the Schedule to the Mines (Aluminium
Agreement) Act 1961.
13 Time of payment of royalties
(1) Unless otherwise specified in a work authority,
royalties—
(a) are payable—
(i) for the 12 month period ending on
30 June in each year; or
(ii) if the holder of the work authority, by
notice in writing to the Secretary, elects
to pay the royalties at 6 month
intervals, for the 6 month periods
ending on 30 June and 31 December in
each year; and
(b) must be paid no later than 4 weeks after the
end of the period for which they are payable.
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Part 3—Royalties
(2) The holder of a work authority must ensure that
the payment is accompanied by a signed statutory
declaration which states the amount of stone on
which royalties are payable for that period.
Penalty: 20 penalty units.
(3) The holder of a work authority must retain copies
of records of sales and production for inspection
purposes for 6 years.
Penalty: 10 penalty units.
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Part 4—Quarrying Infringements
PART 4—QUARRYING INFRINGEMENTS
14 Infringement offences
(1) For the purpose of section 45(1) of the Act, an
offence set out in column 1 of Schedule 3 is an
offence to which Division 2 of Part 5 of the Act
applies.
(2) For the purpose of section 45(5) of the Act, the
penalty prescribed for an infringement offence is
the amount in column 3 of Schedule 3 set out
opposite the corresponding offence.
(3) A summary of an infringement offence in
column 2 of Schedule 3 is not to be taken to
affect—
(a) the nature or elements of the infringement
offence to which the summary refers; or
(b) the operation of these Regulations.
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Part 5—Records and Returns
PART 5—RECORDS AND RETURNS
15 Records and returns—work authorities
(1) For the purposes of section 52(1) of the Act—
(a) in relation to work done under a work
authority within the period beginning on
1 July and ending on 30 June in each year—
(i) the prescribed form is the form in
Schedule 4; and
(ii) the prescribed information is the
information set out in the form in
Schedule 4;
(b) in relation to any injuries arising out of work
done under the work authority—
(i) the prescribed form is in writing
accompanied by a statutory declaration
signed by the holder of the authority
verifying that the contents of the
summary are true and accurate; and
(ii) the prescribed information is a
summary of statistics of any injuries
arising out of work done under the
work authority within the following
periods in each year—
(A) the period beginning on 1 January
and ending on 30 June;
(B) the period beginning on 1 July and
ending on 31 December.
(2) For the purposes of section 52(1) of the Act, the
prescribed time is no later than 4 weeks after the
end of the period to which the information relates.
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Part 5—Records and Returns
r. 16
16 Records and returns—consent to search for stone
For the purpose of section 52(2) of the Act—
(a) the prescribed form is the form in
Schedule 5; and
(b) the prescribed information is the information
set out in the form in Schedule 5; and
(c) the prescribed time is not later than 4 weeks
after the end of the period beginning on
1 July and ending on 30 June in each year.
17 Expiry
These Regulations expire on 26 May 2010.
__________________
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Sch. 1
SCHEDULES
SCHEDULE 1
Regulation 6
WORK PLAN INFORMATION
PART 1
If the work plan covers an area of land that is 5 hectares or more
in area or exceeding 2 metres in depth—
1. A general description of geological information including
estimates of stone resources.
2. A general location plan at a scale of 1:100 000 or 1: 50 000.
3. A regional plan at a scale of 1:25 000 showing the extent of
Crown lands, private lands, private land allotments, rivers
and streams within the proposed work plan area, and, where
possible, parks and reserves within 2 kilometres of the site.
Copies of certificates of title must also be submitted with
respect to any private land allotments.
4. A site plan at an appropriate scale including cross-sections,
showing and describing existing surface contours, and
topographical features, drainage patterns, water courses,
vegetation features and soil information and also including
the following—
(a) the proposed buildings and surface facilities including
location of crushing, screening and other processing
plant;
(b) the anticipated extent of extraction with proposed
bench heights, berm details and working batters;
(c) the sequencing of extraction;
(d) the location of topsoil and waste rock dumps and
stockpile areas;
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Sch. 1
(e) the location of proposed water dams, any slime dams,
and sediment retention systems and any measures for
the diversion of water from the site;
(f)
access roads.
5. Description of processing methods to be used including the
proposed plant layout.
6. An environmental management program setting out the
following—
(a) proposals for the disposal of any effluents, protection
of groundwater, and drainage and erosion control;
(b) proposals for the suppression of noise, dust from any
source and vibrations from blasting operations;
(c) proposals for the effective monitoring of the
operation.
7. A rehabilitation plan that, in addition to complying with
section 32(a) of the Act, includes the following—
(a) the concepts for the possible end use of the site;
(b) the proposals for the progressive rehabilitation to a
safe and stable landform of extraction areas including
slope batters, road cuttings, and dumps;
(c) the proposals for landscaping to minimise the visual
impact of the site;
(d) any proposals to protect and conserve native
vegetation during the production phase of the
operation;
(e) any proposals for the final rehabilitation and
vegetation of the site including final security of the
site, securing of water dams and slimes dams and
removal of plant and equipment.
8. Other information that the applicant considers relevant to
the application.
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Sch. 1
PART 2
If the work plan covers an area of land less than 5 hectares in
area and not exceeding 2 metres in depth—
1. A general description of any test work undertaken on the
area.
2. A general location plan at a scale of 1:25 000, together with
copies of certificates of title for any private land allotments.
3. A plan of the area at an appropriate scale which shows the
following—
(a)
proposed buildings and surface facilities;
(b) access roads and tracks;
(c) location of any proposed settling dams or water dams;
(d)
general drainage pattern of the area;
(e) proposed sequencing and extent of extraction.
4. If any treatment of excavated material is to occur on site, a
description of the treatment plant.
5. A description of rehabilitation proposals which takes into
account section 32(a) of the Act and includes the
following—
(a) the proposals for the progressive rehabilitation and
stabilisation of extraction areas;
(b) the proposals to minimise the visual impact of the
site;
(c) any proposals for removal of any plant or equipment.
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Sch. 2
SCHEDULE 2
Regulation 12
RATE OF ROYALTIES
1 Definitions
In this Schedule—
M3 means a cubic metre of material in the form as sold, that
is the loose measurement of the material removed;
tonne means a tonne of material in the form as sold, that is
the loose measurement of the material removed.
2 Rates
Type of stone
Rate per m3
Rate per tonne
All stone (except
dimension stone and
marble)
$1.43
$0.87
Dimension stone and
marble
$8.07
$3.23
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Sch. 3
SCHEDULE 3
Regulation 14
QUARRYING INFRINGEMENTS
Column 1
Offence
Column 2
Summary of Infringement Offence
Column 3
Penalty
An offence against
section 8(a) of the
Act
Searching for stone or carrying out
a survey or other operation for the
purpose of searching for stone on
Crown land without consent
5 penalty units
An offence against
section 8(b) of the
Act
Searching for stone or carrying out
a survey or other operation for the
purpose of searching for stone on
private land without consent
5 penalty units
An offence against
section 9(2) of the
Act
The holder of an authority or
manager failing to comply with a
work authority
5 penalty units
An offence against
section 44(1)(b) of
the Act
Contravening or failing to comply
with a lawful requirement of an
inspector
5 penalty units
An offence against
section 52(1) of the
Act
Failure by the holder of a work
authority to provide required
information
5 penalty units
An offence against
section 52(2) of the
Act
Failure by the holder of a consent
under section 11 of the Act to
provide required information
5 penalty units
An offence against
regulation 11
Failure to ensure that required
documents are made available for
the use of the manager
2 penalty units
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Sch. 4
SCHEDULE 4
Regulation 15
RECORDS AND RETURN—WORK AUTHORITY
PRODUCTION, SALES AND VALUE OF STONE FOR THE
PERIOD ENDING
Name of Principal Material Quarried
Work Authority(s) Numbers
Location of Quarry Municipality
Name of Holder of Work Authority or Company.
STATUTORY DECLARATION
I,
(full name)
of
(full address)
sincerely declare that the information in this return is a true and correct
statement of work done under the work authority.
I acknowledge that this declaration is true and correct and I make it in the
belief that a person making a false declaration is liable to the penalties of
perjury.
Declared at
in the State of Victoria on
Before:
Name and address in legible writing, typing
or stamp below signature.
A person authorised under section 107A(1) of the Evidence Act 1958 to
witness the signing of a statutory declaration
Person to be contacted if queries arise regarding this return
Name:
Telephone Number:
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Sch. 4
ROCK TYPE (Choose
from list below)
(1)
PRODUCT TYPE
(Choose from list
below)
(1)
QUANTITY OF TOTAL
SALES or QUANTITY
EXTRACTED
Cubic metres/Tonnes (2)
VALUE OF TOTAL
SALES AT GATE (3)
QUANTITY OF TOTAL
SALES FROM STONE
REMOVED FROM
CROWN LAND or
QUANTITY
EXTRACTED FROM
CROWN LAND
(4)
Cubic Metres
Tonnes
INSTRUCTIONS
Rock type and Product type (1)
Choose rock type from the list below and associated product types. Use the
separate columns for each product type. Overburden from hard rock quarries
should generally be shown as "fill" under the parent rock type, not as "clay
and clay shale" unless used for manufacture of fired products.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Quantity of Total Sales (2)
I. Include the useable quantity actually produced under the work authority.
It should relate to quarry products sold, used or disposed of during the
period, being materials extracted from this site and used by the
organisation or transferred to an associated organisation.
II. Do not include products produced from raw materials imported to this
site from another operation. Such imported material, treated and sold
materials should be accounted for on a separate form relating to the site
where they were extracted.
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Sch. 4
III. Royalties must be paid using the appropriate column in Schedule 2 of
the Extractive Industries Development Regulations 2007 which
corresponds with the method of measurement at the stage the royalties
become payable under Regulation 12.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Value of Total Sales at Gate (3)
Sales value should be the value at the quarry gate (ex bin) including any
loading cost. If actual sales from the quarry include outward freight and
cartage, that amount must be deducted for the purposes of this report. If stone
is not actually sold or disposed from a site but is used on that site for the
manufacture of asphalt, concrete, bricks, tiles or cement products, an
estimated value of the stone prior to its use for that purpose needs to be
provided.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Quantity of Total Sales from Stone removed from Crown land/or Quantity
extracted from Crown land (4)
This is the amount of stone on which royalties must be paid pursuant to
section 28 of the Act.
TABLE OF ROCK TYPES AND PRODUCT TYPES
Rock types
Product types
Basalt Old
Basalt New
Trachyte
Dolerite
Granite (incl. granodiorite, porphry
microgranites
Scoria
Tuff
Gneiss
Hornsfels
Marble
Quartzite
Schist
Slate
Sedimentary (usually rippable rocks
incl. sandstone, shale, siltstone chert,
mudstone, claystone)
Aggregate (i.e. aggregate, rail
ballost, filler material) single
size screenings such as
concrete
Road Base (Class 1 and 2
crushed rock (CR)
Road Sub-Base (incl. Class 3
and 4 CR, NDCR and track
material)
Fill (incl. scalpings, spalls)
Armour (incl. beaching)
Dimension stone
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Sch. 4
Rock types
Product types
Road Base Class 1 and 2 crushed rock
(CR)
Road Class Sub-Base (Class 3 and 4 CR,
NDCR and track material)
Fill (include scalpings, spalls)
Dimension stone
Cement
Agriculture
Lime
Flux
Industrial Filters
Limestone (incl. limesand)
Sand and Gravel (naturally
occurring gravels, not crushed
sedimentary rocks)
Clay and Clay Shale
Aggregate (i.e. single size screenings
such as concrete aggregate filter
materials)
Road Base (Class 1 and 2 crushed rock
(CR))
Road Sub-Base (include Class 3 and 4
CR, NDCR and track material)
Fill (incl. scalpings, spalls)
Concrete sand
Fine sand (Brick, Packing Bedding,
Plaster, Asphalt)
Foundry sand
Glass sand
Industrial (silica flour, fibre glass,
ceramics, etc.)
Brick (incl. Pavers)
Tile/Pipe
Firebricks
Stoneware (incl. Pottery, Whiteware)
Fill
Soil
Peat
__________________
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Sch. 5
SCHEDULE 5
Regulation 16
RECORDS AND RETURNS—CONSENT TO SEARCH FOR
STONE
Consent Number:
Reporting Period:
Locality including 1:100 000 Map Numbers:
Full Name and Address of Consent Holder:
Summary of Results including—
  A complete record of all geological, geophysical,
geochemical and other technical investigations with
relevant maps showing locations of surveys.
  A complete record of all drill holes and excavations with
logs and relevant maps showing locations.
  Details of any material tested.
  A summary of stone resources identified.
List here any attached reports, transparencies and other data—
The information supplied in this report is a true statement of the
operations carried out under this consent during the period
specified.
DATED this
day of
Signature of Consent Holder
═══════════════
20
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Endnotes
ENDNOTES
1
Reg. 4(a): S.R. No. 42/1996.
2
Reg. 4(b): S.R. No. 53/2000.
3
Reg. 4(c): S.R. No. 53/2004.
4
Reg. 4(d): S.R. No. 111/2006.
21