Mineral Resources (Sustainable Development) Act 1990

Subject to subsection (1A), the Minister may, by instrument served on the holder of the extractive industry work authority—

vary an extractive industry work authority; or

vary, suspend or revoke a condition of an extractive industry work authority or add a new condition; or

vary, suspend or revoke a condition of a specified class of extractive industry work authority or add a new condition to a specified class of extractive industry work authority.

The Minister may vary, suspend or revoke a condition of a specified class of extractive industry work authority or add a new condition to a specified class of extractive industry work authority under subsection (1)(c) without serving the instrument on each holder of an authority in the specified class if the Minister—

considers the variation, suspension, revocation or addition reasonably necessary for the purposes of responding to an emergency within the meaning of the Emergency Management Act 2013; and

publishes notice of the variation, suspension, revocation or addition in the Government Gazette and a newspaper circulating generally throughout Victoria; and

takes reasonable steps to serve the instrument on each holder of an authority in that specified class.

An instrument under subsection (1) must set out—

the variation, suspension, revocation or addition of a condition; and

any prescribed matter.

The Minister may act under subsection (1)—

at the request of the holder of the work authority; or

if the Minister decides it is necessary for the rehabilitation or stabilisation of the land to which the extractive industry work authority applies; or

if the Minister decides it is necessary to eliminate or minimise the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work; or

in any other circumstances that the Minister considers appropriate.

Before acting under subsection (1), the Minister must take into account—

any significant benefits or adverse impacts on the holder of the extractive industry work authority or any other person likely to result from the proposed action; and

any written comments or submissions received in response to, and in accordance with, a notice given under section 77MA; and

any other matter that the Minister considers appropriate.

The Minister must not act under subsection (1) unless he or she has consulted with the holder of the extractive industry work authority and the municipal council in whose municipal district the land is situated.

A variation of an extractive industry work authority or a variation, suspension or revocation of a condition of an extractive industry work authority has no effect until the day specified in the instrument for that purpose.

Despite section 122, an instrument under subsection (1) may be served on a person by email or other electronic communication.