Mineral Resources Sustainable Development (MRSD) Reform

Resources Victoria recently asked licence and work authority holders about the MRSDA reform and how they engage with industry:

• 55% participants stated that the survey was the first time they’d heard about the reform.
• 67% participants stated that there was room for stronger engagement between Resources Victoria (RV) and industry.

Overview of the reform 

In August 2023, the Victorian Parliament passed the Minerals Resources (Sustainable Development) Amendment Act 2023. The reform changes how RV regulate minerals and extractives.

What’s changing?

From 1 July 2027, instead of submitting detailed documents outlining your operations on the front end, you must meet a ‘general duty’ to manage risks and impacts from work on your site(s).

What’s staying the same?

Operators will still need a licence to operate and progressive rehabilitation remains essential. Depending on your operations, RV will either approve and enforce rehabilitation plans the same way we do now or advise completing rehabilitation in line with the regulations. You may also still require planning permissions and more advice on what will follow.

When does it start?

The changes start on 1 July 2027. RV will enforce them from that date. 

What we’re doing now

We’re getting ready. We will share changes step by step, so you can stay focused on your operations.

The duty-based model builds on what many operators are already doing, rather than starting from scratch. If you are already meeting your obligations under the current model, you will likely be well placed under the duty model too. 

Duty-based model The duty-based model is a risk-based way to regulate exploration, mining and quarrying. It uses a general duty, meaning you must eliminate or reduce risks from your activities as far as reasonably practicable. This includes risks to the environment, the community, and to land, property and infrastructure. This is a shift from work plans that capture risks at a single point in time. Under the general duty, you take an ongoing approach to risk. You keep identifying new risks and changing expectations. You also keep checking that your controls work. This duty will apply to all authorities regardless of risk, not just those who will have previously held a work plan. You will have more flexibility to choose the right controls at your site(s) to operate responsibly. What this looks like in practice will depend on the nature and scale of your operations. Work plans will not continue, but you will still need a licence to operate. You will also be required to rehabilitate the land, even if your licence or work authority has expired. This approach aligns with other regulators. The Environment Protection Authority Victoria and WorkSafe Victoria already use similar duty-based models. We have worked closely with them to align our approach and to learn from their guidance.  Why the change?   RV has a responsibility to the Victorian public to make sure mining and quarrying risks are managed well. Updating regulations can also reduce unnecessary paperwork. This gives you more flexibility in how you manage your site day-to-day. The duty model also lets you choose what is safest and best for your site. We will place a stronger focus on rehabilitation standards. This helps protect the land for future use. Moving to a duty model also aligns Victoria with international standards. This supports Victoria’s investment appeal and strengthens the state’s reputation for doing business well. We know this change will take effort from government and industry. But a safe, responsible and sustainable sector is a goal worth working towards.    More information   Visit Resources Victoria website

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