The State and Boral Resources (Vic) Pty Ltd (the Company) are parties to an agreement that is set out in the Schedule to the Extractive Industries (Lysterfield) Act 1986 (the Agreement) under which the State granted the Company an extractive industry lease and an extractive industry licence on the terms set out in the Agreement. These terms include a term under which the Company must pay reclamation levies that are, in turn, payable into the Lysterfield Reclamation Levy Fund (the Fund), and a term under which the Company is to be paid money from the Fund to cover the cost of the reclamation of lands in accordance with the Agreement.
In 2002 the Minister for Energy and Resources agreed to payments from the Fund for certain reclamation works subject to a number of conditions, including a condition that the Company will undertake investigations into alternative quarry design options.
The reclamation works were successfully completed and paid for by the end of 2005 and the Company undertook those investigations and developed a revised quarry design which has been agreed to by the State.
It is expedient to enact legislation to enable changes to be made to the quarry in accordance with the revised quarry design.
The Parliament of Victoria therefore enacts:
The main purpose of this Act is to amend the Extractive Industries (Lysterfield) Act 1986 to give effect to changes to the special conditions set out in Schedule B to the extractive industry licence, as set in the Schedule to that Act, to enable the quarry operated by Boral Resources (Vic) Pty Ltd, and to which that Act applies, to be redesigned.
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3 New section 10A inserted
18/1989 and 100/1995.
After section 10 of the Extractive Industries (Lysterfield) Act 1986 insert—
'10A Extractive industry licence taken to include certain changes
Despite anything to the contrary in this Act, the Agreement, the lease of land, the extractive industry lease or the extractive industry licence set out in the Schedule, the special conditions to the extractive industry licence are taken to have effect as if—
(a) for special condition 1.1 there were substituted the following special condition—
"1.1 The licensee shall, subject to the following licence conditions, operate the quarry in accordance with the Approved Working Plan and Approved Working Proposal consisting of the following documents—
(b) in special condition 1.2, for "Progressive Development Plans" there were substituted "Staged Development Plans"; and
(c) for special condition 1.3 there were substituted the following special condition—
"1.3 No variations to the Approved Plans listed above in condition 1.1 (including the Working Plan, Locality Plan, Landscape Proposal, Cross Sections and Development Plans) by the licensee shall be permitted without the prior written approval of the Minister. In authorising any variations to the plans the Minister will ensure that—
(i) appropriate referral is made to the Department of Sustainability and Environment, Parks Victoria and the City of Knox; and
(ii) the variation is clearly stated and dated on the plan."; and
(d) in special condition 1.4, for "A new Working Plan shall at least once in every twelve months" there were substituted "When requested a new Working Plan shall"; and
(e) in special condition 2.2 after "AS 1725–1975 Galvanised Rail-less Security Fences and Gates" there were inserted "(as updated from time to time)"; and
(f) in special condition 3.3, for 'City Engineer, City of Knox (hereinafter called "the City Engineer")' there were substituted "City of Knox"; and
(g) in special condition 7.3, for "mounts" there were substituted "mounds"; and
(h) in special condition 9.1, for "Progressive Development Plans" there were substituted "Staged Development Plans"; and
(i) for special condition 14.1 there were substituted the following special condition—
"14.1 Unless otherwise authorised in writing by an Inspector in consultation with the City of Knox no operations except for essential plant maintenance shall take place outside the hours as shown in the following table—
Processing Plant plus Front End Loaders to feed plant and stockpile products
06:00 hrs to 22:00 hrs
06:00 hrs to 22:00 hrs
10:00 hrs to 16:00 hrs
Load out and cartage
06:00 hrs to 20:00 hrs
06:00 hrs to 20:00 hrs
(j) in special condition 18.3.2, for "facts" there were substituted "faces"; and
(k) for special condition 18.6 there were substituted the following special condition—
"18.6 An overflow shall be constructed on the south western side of the quarry to limit the maximum water level to an appropriate level within the beaching."; and
(l) in special condition 19.2, for "proceed within twelve months and be completed within two years of the establishment of terminal faces" there were substituted "commence within two years of reaching the terminal face between R.L. 135 and 150m"; and
(m) for special condition 19.3 there were substituted the following special condition—
"19.3 Extraction and rehabilitation sequencing shall be scheduled to minimise visual impact, as far as is reasonably practicable."; and
(n) in special condition 19.4.1, for "Plan VQ5–21" there were substituted "approved Landscape Proposal Plan VQ5–21 (to the satisfaction of the Department of Primary Industries in consultation with the Department of Sustainability and Environment, Parks Victoria and the City of Knox)"; and
(o) for the list of plants in special condition 19.6.4 there were substituted the following list—
Eucalyptus viminalis"; and
(p) for the list of plants in special condition 19.6.5 there were substituted the following list—
(q) in special condition 19.6.6 after "causes" there were inserted "(to the satisfaction of the Department of Primary Industries in consultation with the Department of Sustainability and Environment, Parks Victoria and the City of Knox)"; and
(r) in special condition 19.7—
(i) for "distributed" there were substituted "distribution"; and
(ii) after "by" there were inserted "the"; and
(s) for special condition 19.8 there were substituted the following special condition—
"19.8 A reticulated watering system shall be provided on all plantation areas if necessary."; and
(t) for special condition 19.9 there were substituted the following special condition—
"19.9 Prior to 2030 and at least 5 years prior to the expected completion of final extraction the licensee must consult with the Department of Primary Industries and the Department of Sustainability and Environment and prepare a Preclosure Plan. The plan will include—
19.9.1 A schedule providing the proposed timing of the remaining rehabilitation works.
19.9.2 A Water Management Plan (prepared by a suitably qualified and experienced hydrogeologist) that demonstrates how and when the final lake will be established.
19.9A On completion of final extraction—
19.9A.1 All plant, vehicles, buildings, machinery and equipment shall be disposed of away from or within the licensed area in a manner and location approved by an Inspector.
19.9A.2 All roads and plant area used in the quarrying operation shall be deep ripped, graded and reclaimed in accordance with the provisions of conditions 19.4 and 19.6.
19.9A.3 Any excavated material that cannot be sold commercially or used for reclamation shall be placed in neat and tidy dumps so shaped as to conform with the surrounding landscape and reclaimed in accordance with the provisions of conditions 19.4 and 19.6."; and
(u) in special conditions 3.4, 7.1, 7.2, 10.1, 12.2, 13.3, 14.2, 18.3, 18.4, 19.2, 19.4.3 and 19.11.3, for "City Engineer" there were substituted "City of Knox".'.
4 Repeal of amending Act
This Act is repealed on the first anniversary of the day on which it receives the Royal Assent.
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
†† Minister's second reading speech—
Legislative Assembly: 31 August 2011
Legislative Council: 13 October 2011
The long title for the Bill for this Act was "A Bill for an Act to amend the Extractive Industries (Lysterfield) Act 1986 and for other purposes."