132 Transitional provision—2005 amendments S. 132 inserted by The amendments made to this Act by the Mineral No. 89/2005 Resources Development (Brown Coal s. 6. Royalties) Act 2005 do not affect the rate at which royalties are payable in respect of any lignite produced before the commencement of that Act. 133 Validation of certain exploration and mining S. 133 inserted by work—2006 amendments No. 63/2006 s. 55. (1) Despite section 45 (as in force immediately before the commencement date), a licensee who, before the commencement date, did any work under the licence within an area of land prohibited by section 45(1)(a)(i) to (x) (as in force immediately before the commencement date) or within 100 metres below that area is deemed always to have complied with section 45 in respect of that work if— (a) at the time the work was done an approved work plan and, in the case of a mining licence, a work authority, was registered in respect of the licence; and (b) the work was done in accordance with the approved work plan. (2) Nothing in subsection (1) affects the rights of the parties in the proceedings in VCAT known as Tech-Sol Resources Pty Ltd v Minister for Energy [2004] VCAT 1648 Industries and Resources and [2004] VCAT 1654. (3) In this section means the commencement date date of commencement of section 34 of the Mineral Resources Development (Sustainable Development) Act 2006.
S. 132 inserted by No. 89/2005 s. 6. 132 Transitional provision—2005 amendments The amendments made to this Act by the Mineral Resources Development (Brown Coal Royalties) Act 2005 do not affect the rate at which royalties are payable in respect of any lignite produced before the commencement of that Act. S. 133 inserted by No. 63/2006 s. 55. 133 Validation of certain exploration and mining work—2006 amendments (1) Despite section 45 (as in force immediately before the commencement date), a licensee who, before the commencement date, did any work under the licence within an area of land prohibited by section 45(1)(a)(i) to (x) (as in force immediately before the commencement date) or within 100 metres below that area is deemed always to have complied with section 45 in respect of that work if— (a) at the time the work was done an approved work plan and, in the case of a mining licence, a work authority, was registered in respect of the licence; and (b) the work was done in accordance with the approved work plan. (2) Nothing in subsection (1) affects the rights of the parties in the proceedings in VCAT known as Tech-Sol Resources Pty Ltd v Minister for Energy Industries and Resources [2004] VCAT 1648 and [2004] VCAT 1654. (3) In this section commencement date means the date of commencement of section 34 of the Mineral Resources Development (Sustainable Development) Act 2006.
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