Extractive Industry Practice Note
Providing guidance on extractive industry proposals
The purpose of this practice note is to provide guidance to applicants, operators and the community about extractive industry proposals.
The practice note includes an overview of:
- The extractive industry approval process;
- Protecting existing extractive industry operations; and
- Protecting Victoria’s stone resources and Extractive Industry Interest Areas (EIIA).
EXTRACTIVE INDUSTRY APPROVAL PROCESSES
There are separate processes that an extractive industry proponent must follow before commencing extraction operations:
- Work plan and work authority process regulated under the EIDA
- Planning permit process regulated under the Planning and Environment Act, 1987
In some instances an Environmental Effects Statement (EES) may also be required.
EIDA PROCESS
The EIDA established a two stage approval process for extractive industry.
Stage 1—Work Plan
Under the EIDA a person who proposes to apply for a work authority to carry out an extractive industry must lodge a work plan with the Department of Primary Industries (DPI). The DPI requires that the work plan be submitted in draft form.
The draft work plan covers the details of the on-site works associated with the extractive industry operations and the rehabilitation of the land. The draft work plan must be prepared in consultation with the DPI.
The DPI endorses a draft work plan when both DPI and DSE are satisfied that the plan has met appropriate standards for content and technical accuracy and is satisfactory for submission with a planning permit application.
The DPI may endorse the draft work plan subject to conditions. The conditions are finalised when the work plan is approved and must be observed by the proponent when carrying out the work plan.
The extractive industry operator must submit a copy of the endorsed work plan and draft work plan conditions to the responsible authority for consideration with the planning permit application.
An endorsed work plan should not be confused with an approved work plan. A work plan is only approved by DPI once the proponent has obtained all the necessary planning approvals.
Stage 2—Work Authority
Under the EIDA a person who proposes to carry out an extractive industry must apply for a work authority. The Minister or delegate must only grant the work authority if they are satisfied the proponent has:
- A work plan approved under the EIDA
- Entered into a rehabilitation bond under the EIDA
- Complied with any relevant planning scheme and obtained necessary planning approvals
- Obtained necessary consents and other authorities required
- Obtained the consent of the owner of the land in the case where the applicant is not the owner of the land.
Under the EIDA the Minister may impose conditions on the grant of the work authority.
Rehabilitating the Land
The EIDA requires all land affected by extractive industry to be rehabilitated in accordance with the rehabilitation plan approved by the DPI, the conditions of the work authority and the requirements of the relevant planning scheme and any planning permit.
The EIDA requires the applicant to enter into a rehabilitation bond for an amount determined by the Minister.
Bonds provide a guarantee that the land affected will be adequately rehabilitated.
PLANNING PROCESS
The proponent should only lodge an application for a planning permit once the draft work plan has been endorsed and draft work plan conditions are issued by the DPI.
Before applying for a planning permit the proponent should discuss the proposal with the responsible authority (normally the local council), to determine if a planning permit is required and to ensure that all the requirements of the planning scheme are addressed in the application.
PROTECTING EXISTING EXTRACTIVE INDUSTRIES
Extractive industry operations can generate ground and air vibration, dust, noise, and changes to the topography and landscape.
In order to both safeguard extractive industry operations as well as the amenity, health, safety an environment of surrounding land it is necessary to ensure an appropriate separation distance, or buffer, is maintained between extractive industry operations and sensitive uses on adjoining land.
New extractive industries are required to own or control a clearly defined buffer area which is appropriate to the nature of the proposed operations.
PROTECTING VICTORIA’S STONE (SAND, CLAY, ROCK and GRAVEL) RESOURCES
Sand, clay and stone from Victoria’s extractive industries are used for building roads, factories and houses. Extractive industries have been and will continue to be pivotal to Victoria’s future prosperity and so it is necessary to identify and protect stone resources for future extraction.
By nature, stone deposits are fixed in location and are generally worked where they occur. However, in many instances urban areas have been allowed to expand close to operating extractive industries or over land with
potential for further resource development.
As a result many resources are no longer available for extraction. This is particularly important in view of the high weighting of transport costs of extractive industry products and price paid by the customer. Given the importance of stone resources to the Victorian community there is a need to ensure a continuous supply of construction material to the greater Melbourne area in the future.
The Metropolitan Strategy, Melbourne 2030, recognises that natural resources are important assets for the region’s future development and identifies maintaining access to productive natural resources as one of the policies for ensuring Melbourne’s and the surrounding region’s prosperity.
The Melbourne 2030 strategy requires the protection of strategic resources from displacement and encroachment by incompatible land uses an includes and initiative to identify and safeguard strategic deposits for exploitation, including the provision of buffer areas.
The State Planning Policy Framework (SPFF) in the VPP also provides for the long term protection of stone resources (sand, clay, rock and gravel).
The SPFF objective for extractive industry is:
‘To identify and protect stone resources accessible to major markets and to provide a consistent planning approval process for extraction in accordance with acceptable environmental standards.’
Extractive Industry Interest Areas (EIIAs) have also been defined for Ballarat, Bendigo, Geelong and Latrobe Supply Areas.
EIIAs are applied to land that has bee identified as likely to contain stone resources of sufficient quantity and quality to support commercial extractive industry operations and where limited environmental and social constrains apply.
tone resources within an EIIA are identified at a regional scale and the boundaries will be refined from time to time in response to planning scheme changes, new geological information and changes in social and/or environmental values.
Planning practice notes and advisory notes may be viewed and downloaded from the Department’s website at www.dse.vic.gov.au/planning.
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