New Minor Work Plan Variations

Dr Elizabeth Gibson provides an update on the new statutory process for minor work plan variations following on from Chris Drury’s (WESTVIC Quarry Solutions) article on administrative work plan updates in issue 141 Sand & Stone.

Resources Victoria (RV) have advised that the Mineral Resources (Sustainable Development) Amendment (Financial Assurance) Bill 2025 allows for minor variations (formerly the administrative updates non-statutory process). The Bill is still being debated in Parliament and is yet to be proclaimed at the time of writing.

The minor variations will allow the following simplified process for minor work plan changes:

• Does not significantly increase the risk work poses
• Does not require a planning permit
• Not on Crown Land (mines only to be confirmed)
• Includes Rehabilitation plans that does not significantly increase the risk of harm to the environment, to any member of the public or to land, property or infrastructure Note: this will be particularly useful for near end-of-life sites.

Timing

• Proclamation 20 October 2025 (this was the RVRO expected date)
• Last day for administrative updates submissions 28 November 2025
• Start accepting minor variations 1 December 2025 note: that within 28 days after receiving a notice under subsection (1)(a), the Department Head must:
  • determine whether or not the proposed update is a minor update; and
  • give the holder or former holder of the licence written notice of that determination and the reasons for it.
• RVRO determines if a proposed update is a minor update, the proposed update is taken to come into effect either on the day on which the determination is made or on any later day specified in the determination.
• If RVRO does not respond within 28 days after receiving the notice under then RVRO is taken to have determined that the proposed update is not a minor update.
• Applies until 1 July 2027 after which the MRSDA reform commences (General Duty, no statutory endorsed work plan etc.)

Next steps

• Proclamation and regulations for registration
• Resources Victoria Regulatory Operations (formerly ERR) will update processes (note the intention of RVRO is to develop the procedures using a live case and so further guidance will not be available until afterwards).

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