[Draft] Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013 (Vic)

The draft Mineral Resources (Sustainable Development) (Mineral Industries) Development Regulations 2013, which will replace the existing Mineral Resources Development Regulations 2002 (which sunset on 21 October 2013), have been introduced in the Victorian parliament.

The proposed Regulations will give effect to key aspects of the Mineral Resources (Sustainable Development) Act 1990 relating to mining, exploration, retention and prospecting licences. The objectives of the proposed Regulations are to prescribe:

• matters relating to royalties and fees;
• various procedures, details, forms and information required in documents (including in relation to licence applications, work plans, reportable events and annual reporting);
• survey and marking out licence areas;
• certain offences as infringement offences;
• requirements relating to declared mines; and
• disclosure of interest requirements.

For the most part, the proposed Regulations will re-enact the current non-fee aspects of the Mineral Regulations, with minor amendments to matters including public advertising of licence applications, reporting for mining and prospecting licences, matters relating to coal royalties and certain infringement offences and penalties.

There will also be a change to the fee structure and fees, to align the cost recovery regime with the costs of administering the Act and the proposed Regulations, in accordance with the Victorian Department of Treasury and Finance Cost Recovery Guidelines.

If the Regulation is introduced, the new fee structure will take effect from 1 January 2015. Thereafter, new fees will be phased in over a two year period, with a gradual increase to full recovery of costs by 1 January 2017. These transitional measures are to allow industry sufficient time to prepare for the fee changes.

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