The Victorian Government has introduced amendments before Parliament aimed at strengthening the enforcement powers of the State’s mining and extractive authority.

 

Energy and Resources Minister Michael O’Brien said the Mineral Resources (Sustainable Development) Amendment Bill 2012 (The Bill) will deliver clearer enforcement powers and increase the penalties for breaches of notices prohibiting activities or for failure to take required remedial action.

 

The Act regulates for the mining of minerals including coal, gold, coal seam gas, mineral sands and also extractive industries, including quarries.

 

The Bill will broaden the circumstances in which the Minister can issue notices to prohibit activities or require remedial action. Currently this is restricted to environmental risks, but the Bill will widen the reasons for acting to include public safety, infrastructure, land and property.

 

It will also significantly increase the penalties for failing to comply with notices to $352,100 for a company and $70,420 in any other case, with a daily default penalty of $42,252 for a company and $8,450 in any other case.

 

The Bill will introduce new powers for a court to make orders to require compliance with notices from the Minister and for the Minister to apply to the Supreme Court for injunctions to ensure compliance with notice.

 

As a last resort, the State Government will also be able to carry out remedial work itself if there is a serious risk to public safety, the environment, infrastructure, land or property. The Bill provides for those costs to be recoverable from the authority holder.