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MRSD Reform

By on February 3, 2026

The implementation date, 1 July 2027 of the Mineral Resources (Sustainable Development) Act Reform (Reform) is fast approaching with transitioning of existing Work Authorities commencing 1 July 2026. The Reform introduces a general duty to eliminate or minimise risks to the environment, public, land, property or infrastructure that may arise from exploration, extractive industry, mining or rehabilitation activities.

It is interesting at a meeting attended late last year that another regulator currently managing duty model compliance stated that in their personal opinion, the duty model was “difficult to understand, difficult to document and difficult to implement.”

Determination of when a proposed extractive industry is acknowledged is unclear and will be an issue for the industry if not resolved with the potential of say a residential planning permit approval abutting the proposed extractive industry site boundary.

The first step in the approval process for the extractive industry is the site meeting. The Reform removes the requirement for a statutory endorsed work plan instead requiring the proponent to apply for and attain a planning permit from the Local Government Authority (or Environmental Effects Statement). In fact, all existing work plans will apparently become redundant.

Once a planning permit has been obtained the proponent must conduct a self-assessment to determine the appropriate risk level: Lower, Moderate or Higher. Existing operators will also be given a provisional risk determination by Resources Victoria (RV).

This determination may be commented on by the operator before the final risk determination is made by RV. For both the proponent and operator a statement of reasons is given. A Lower Risk Level is provisionally defined as:

  • At a depth not exceeding 15 metres (where the buffer to the boundary is 20m plus final depth of excavation)
  • No blasting within 500m of sensitive receptors
  • No interception of groundwater
  • No wet slimes deposition

The next step is the preparation of a Rehabilitation Plan that is subsequently approved by RV for Moderate and Higher Risk Levels followed by the Work Authority approval. Additional relevant regulatory instruments are Standards in regulation (expected to be out for public consultation in February 2026) and conditions.

The Lower Risk Level will operate under a Code of Compliance (still to be developed).

After commencement of work or for existing work authorities the following is proposed to be required:

  • Ongoing risk management to demonstrate compliance with the duty.
  • Regular reporting to support intelligence-led regulation and inform policy changes.
  • Rehabilitation to enable effective land use post-closure, including progressive rehabilitation.
  • Notifications and variations to ensure Resources Victoria has visibility of reportable events and to inform review of risk level and rehabilitation plan.

Where RV Regulatory Operations are suggesting an on-line work plan type system by which they will be able access and regulate by.

The introduction of the Reform was advocated by government to the extractive industry on the premise that there will be a reduction in red tape. CMPA did not support the Reform. However, the CMPA is working with RV and advocating to government to mitigate the impacts of the Reform on the extractive industry.

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