Notice requiring authority holder to take action or stop work
110 Notice requiring authority holder to take action or stop work
S. 110(1) substituted by Nos 82/2000 s. 64(1), 63/2006 s. 51(1).
This section applies if the Minister believes on reasonable grounds that—
S. 110(1)(a) amended by No. 84/2012 s. 6(2).
an act or omission by the holder of an authority is likely to result in a risk to public safety, the environment, land, property or infrastructure; or
the holder of an authority—
has contravened or is likely to contravene this Act or the regulations; or
has not complied with any condition to which the authority is subject or any condition specified under section 44; or
has not complied with any relevant planning scheme or permit; or
has not complied with any condition applying to the carrying out of the work plan under the authority; or
has undertaken work on land otherwise than in accordance with the work plan under the authority; or
S. 110(1)(b)(vi) inserted by No. 32/2019 s. 45(1).
has not complied with a declared mine rehabilitation plan; or
S. 110(1)(ba) inserted by No. 32/2019 s. 45(2).
a former licensee or former holder of a mining licence for declared mine land has not complied with a declared mine rehabilitation plan; or
S. 110(1)(c) amended by No. 6/2009 s. 36(1).
a former licensee or former holder of an extractive industry work authority has failed to comply with section 81.
S. 110(2) amended by No. 86/1993 s. 34, substituted by No. 82/2000 s. 64(1).
The Minister may, by notice served on the holder of the authority—
S. 110(2)(a) substituted by No. 84/2012 s. 6(3).
require the taking within a specified period of any action necessary—
to remedy the contravention or non‑compliance;
to avoid the likely contravention or non-compliance;
to avoid, minimise or remove the risk to public safety, the environment, land, property or infrastructure;
prohibit the doing of any activity or class of activity by the holder of the authority for a specified period or until the occurrence of a specified event;
require the holder of the authority to supply any plans or other information specified in the notice;
require the holder of the authority—
to provide monitoring equipment;
to carry out any monitoring or surveys specified in the notice;
to have any audit or assessment specified in the notice carried out by an appropriately qualified person or body;
to give the Minister a report detailing the results of the monitoring, surveys, audit or assessment.
S. 110(3) substituted by No. 82/2000 s. 64(1), amended by No. 84/2012 s. 6(4).
The holder of an authority must comply with a notice issued under subsection (2).
Penalty: In the case of a corporation, 2500 penalty units.
In any other case, 500 penalty units.
Default penalty:
In the case of a corporation, 300 penalty units.
In any other case, 60 penalty units.
S. 110(3A) inserted by No. 84/2012 s. 6(5).
If a holder of an authority is found guilty of an offence against subsection (3), the court may, in addition to imposing any penalty, make—
an order that the holder must comply with the notice or take specified action to comply with the notice; or
any other order that it considers appropriate.
S. 110(4) substituted by No. 52/1998 s. 311(Sch. 1 item 64.13), amended by Nos 82/2000 s. 64(2), 84/2012 s. 6(6).
Subject to subsection (5A) and section 110AA(4), a person whose interests are affected by a decision of the Minister to serve a notice under subsection (2) or vary a notice under subsection (5) may apply to the Tribunal for review of the decision.
S. 110(4A) inserted by No. 52/1998 s. 311(Sch. 1 item 64.13).
An application for review must be made within 28 days after the later of—
S. 110(4A)(a) amended by No. 84/2012 s. 6(7)(a).
the day on which the notice, or notice of the variation, is served;
S. 110(4A)(b) amended by No. 84/2012 s. 6(7)(b).
if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision to serve or vary the notice, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
S. 110(5) substituted by No. 82/2000 s. 64(3), amended by No. 84/2012 s. 6(8).
The Minister may, by notice served on the holder of the authority, vary or cancel a notice issued under subsection (2).
S. 110(5A) inserted by No. 84/2012 s. 6(9).
A person cannot apply under subsection (4) for review of the variation of a notice if the purpose of the variation is limited to—
correcting a minor or technical error in the notice; or
extending the period within which an action required by the notice must be taken; or
reducing the period during which the doing of any activity or class of activity is prohibited.
S. 110(6) substituted by Nos 82/2000 s. 64(3), 6/2009 s. 36(2).
For the purposes of this section—
in the case of a mining licence, service of a notice on the manager appointed to control and manage the licence worksites is deemed to be service of the notice on the licensee; and
in the case of an extractive industry work authority, service of a notice on the quarry manager or person appointed to manage the extractive industry operation is deemed to be service on the holder of the work authority.
S. 110(7) inserted by No. 82/2000 s. 64(3), amended by Nos 6/2009 s. 36(3), 59/2010 s. 42(3), repealed by No. 68/2014 s. 57(b).
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S. 110(8) inserted by No. 63/2006 s. 51(2), amended by No. 6/2009 s. 36(4).
In subsections (2) to (6) a reference to the holder of an authority or a licensee includes a reference to a former licensee or former holder of an extractive industry work authority.
S. 110AA inserted by No. 84/2012 s. 7.
This provision refers to the regulations (the regulations
). Made under this Act:
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