Mineral Resources (Sustainable Development) Act 1990

Before the Minister takes action under section 77M(1), the Minister must serve notice of the proposed action on the holder of the extractive industry work authority.

Subsection (1) does not apply if the proposed action—

is limited to correcting a minor or technical error in the extractive industry work authority or class of extractive industry work authority; or

is limited to revoking a condition of the extractive industry work authority or class of extractive industry work authority; or

is not likely to impose a significant burden on the holder of the extractive industry work authority; or

is limited to varying, suspending or adding a condition for the purposes of responding to an emergency within the meaning of the Emergency Management Act 2013.

A notice under subsection (1) must—

set out the action that the Minister proposes to take under section 77M(1); and

state the grounds for the proposed action; and

invite the holder of the extractive industry work authority to make written representations to the Minister on the proposed action within the period specified in the notice.

For the purposes of subsection (3)(c), the specified period must not be less than—

in the case of an action the Minister proposes to take under section 77M(1)(a) or (b)—

any prescribed period; or

if no period is prescribed, 14 business days after the notice is served on the holder of the extractive industry work authority or any other period agreed between the Minister and the holder; and

in the case of an action the Minister proposes to take under section 77M(1)(c), 14 business days after the notice is published under subsection (5).

If the Minister proposes to take action under section 77M(1)(c), the Minister must publish the notice—

in the Government Gazette; and

in a newspaper circulating generally throughout Victoria.

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