Legislation (Issue 32)

New Infringement Notice Process—Statutory Returns

On 1 July 2006, the Infringements Act 2006 was introduced. This Act provides a new framework for the issuing and serving of Infringement Notices for offences and enforcement of Infringement Notices.

The holder of a tenement granted under either the Extractive Industries Development Act 1995 or the Mineral Resources (Sustainable Development) Act 1990, is required to submit statutory returns within prescribed deadlines. Failure to submit a return within the required time, will automatically result in the issue of an Infringement Notice.

The Infringements Act 2006 provides for the Department of Primary industries, as an enforcement agency, to determine if an Infringement Notice is appropriate and then to issue such notice.

Penalties for failure to lodge a statutory return range from 5 to 20 penalty units (higher penalties may result if the matter is referred to a court—see below). A penalty unit is fixed under section 5(3) of the Monetary Units Act 2004 and may be varied from time to time. For the period 1 July 2006 to 30 June 2007, a penalty unit is valued at $107.43.

Previously, action associated with the non-payment of an Infringement Notice was conducted by this Department.

Under the Infringements Act 2006, if an Infringement Notice is not paid by the due date further action will be undertaken by Civic Compliance Victoria. Where the Infringement Notice remains unpaid the matter will be referred to the Infringements Court.

The Infringements Act 2006 also allows for receivers of Infringement Notices to apply for an internal review and request that the matter be referred to the Magistrates Court.

It is important that you are aware of these changes and ensure that all statutory returns are completed and lodged within the required deadlines.

For further information:
Contact your Tenements Officer
Call the Customer Service Centre on 136 186
Visit the DPI website at: www.dpi.vic.gov.au

New Legislation Another Step Towards Reconciliation

New legislation to protect Victorian Aboriginal cultural heritage is set to come into effect on 28 May 2007.

Minister for Aboriginal Affairs Gavin Jennings said the new Aboriginal Heritage Act will replace existing legislation.

“Under this new Act, protecting our Aboriginal cultural heritage becomes an integral part of planning and land development processes.”

Key features of the Aboriginal Heritage Act 2006 include:

• The creation of the Aboriginal Heritage Council, with membership of traditional owners who will advise on the protection of Aboriginal heritage;
• The use of cultural heritage management plans for certain development plans or activities;
• The ability for registered Aboriginal parties to evaluate management plans, advise on permit applications, enter into cultural heritage agreements and negotiate the repatriation of Aboriginal human remains; and
• Alternative dispute resolution procedures.

The Aboriginal Heritage Act will replace the current Aboriginal cultural heritage regime in Victoria, which is governed by the Aboriginal and Torres Strait Islander Heritage Protection Act 1984 (Comm.) and the Archaeological and Aboriginal Relics Preservation Act 1972 (Vic.)

For further information visit: www.vic.gov.au

Streamlining OHS Regulations

The streamlining of OHS Regulations has been undertaken as a result of the revised OHS Act. The revision will see all 13 regulations presently used streamlined into one overarching regulation which separates topics by means of sections.

As this issue is of a general nature in most aspects, the CMPA referred to the submission made by VECCI.

The CMPA’s submission also noted the need to process asbestos when it is encountered in non-asbestos mining. This point was also raised by the DPI and other, related associations and it has been verbally confirmed that the change will be made.

Additionally, the CMPA made comments in relation to the inclusion of the extractive industries in the mining regulations. Be aware that the new regulation will be very long – the draft is presently 500 pages long – so when it is released, it will take some time to review.

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