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Resources Victoria MRSDA Reform – General Meeting

By on October 22, 2025

Dr Elizabeth Gibson provides a summary and comment on the presentation by Heather Hawkins and Linda Bibby (Resources Victoria DEECA) on the Mineral Resources (Sustainable Development) Act 1990 (MRSDA) reform.

The Mineral Resources (Sustainable Development) Amendment Act was passed in Parliament in 2023. The MRSDA Reform that it proposes comes into effect on 1 July 2027. To date there has been uncertainty for industry as to what this actually means, with Resources Victoria (RV) still to provide relevant codes, guidance and standards for comment. As such RV was invited to present at CMPA’s General Meeting held in Geelong from 5:00 pm Thursday 22 May 2025.

The MRSDA Reform is said to Modernise work approvals to a risk-based duty model:

  • Remove work plans and work plan variations.
  • Replace with ongoing statutory duty to minimise or eliminate harm.
  • Develop proportionate risk-based activity compliance obligations.
  • Require notification where there is a change in risk profile.

Promote adaptive rehabilitation planning

  • Retain rehabilitation plan (previously part of work plan)
  • Require regular reviews of rehabilitation plan
  • New penalties for failure to rehabilitate (alongside penalty for breach of duty)

Promote adaptive rehabilitation planning

  • Retain rehabilitation plan (previously part of work plan)
  • Require regular reviews of rehabilitation plan
  • New penalties for failure to rehabilitate (alongside penalty for breach of duty

Promote adaptive rehabilitation planning

  • Facilitate minor variations to work plans (interim measure, until mid-2027)
  • Simplify minor updates to rehabilitation plans
  • Remove statutory endorsement at planning stage
  • Support the planning system through mandatory referrals and Victoria Planning Provisions (VPP) amendments

The Mineral Resources (Sustainable Development) Amendment Act 2023 (MRSD Amendment Act) introduces a duties-based regulatory framework for minerals exploration, mining and extractive industries. (The duty model has been copied from WorkSafe and EPA legislation).

Authority holders will be required to take appropriate steps, as far as is reasonably practicable, to eliminate or minimise risks to the environment, public, land, property or infrastructure that may arise from exploration, extractive industry, mining or rehabilitation activities.

A key objective of the duties model is for industry to identify, assess and manage risks associated with mining activity and to move away from the regulator setting prescriptive obligations.

An example was given of the lifecycle for a new quarry.

Step 1 Preplanning

  • Discuss proposal with relevant authorities and agencies
  • Critical risks, required information, assessment and engagement approach identified.

Step 2 Planning process

  • Proponents to apply for a planning permit (unless an Environment Effects Statement is required).
  • The permit is assessed against updated Victoria Planning Provisions, and notice and referrals are carried out.

Step 3 Risk determination

  • Duty Holders will be assigned into a risk level.
  • Risk level determined low – mainly rely on code of compliance, moderate/high – regulations, standards, bespoke licence conditions where applicable.

Note: Process of a risk determination will be prescribed in regulations and will include rehabilitation plan if moderate or high.

Step 4 Risk determination

  • Approval to commence work
  • Continued to include (as applicable) rehabilitation bond, Crown land manager consent and any other consents, and obtaining an approved Cultural Heritage Management Plan.

Operation and rehabilitation – Duty Holder

  • Maintain operational documents, including risk assessments and management plans.
  • Duty Holder submits reports at a frequency to be confirmed, against work authority conditions.
  • Operation changes trigger a risk review possibly leading to a notice or a licence amendment
  • High-risk infrastructure and practice requires ERR approval prior to construction or operation.

Operation and rehabilitation – Regulator

  • Mandatory Rehabilitation plan review, at frequency to be confirmed.
  • ERR will inspect per the annual compliance plan, focusing on key priorities.
  • Inspections may lead to notices or new licence conditions.
  • Additional inspections may occur based on reports to ERR.
  • Reporting data informs insights and priorities.

Regulations and Regulatory Impact Statement timeline May-July 2025
Stakeholder engagement to inform development draft subordinate legislation.

September-October 2025
Test RIS options and subordinate legislation with key stakeholders.

November 2025
Release RIS, draft Regulations, Codes for public consultation on Engage VIC.

January 2026
Analysis of stakeholder feedback – work within government on changes to draft Regulations/instruments.

June 2026
Make and publish Regulations, Codes & Statement of Reasons There was vigorous discussion concerning the presentation from RV mostly related to the high level presentation with little practical guidance on what is actually required of work authority holders.

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