Notice of Decision to make the Mineral Resources (Sustainable Development) (Mineral Industries) Amendment (Fees) Regulations 2026

Subordinate Legislation Act 1994

NOTICE OF DECISION

Mineral Resources (Sustainable Development) Act 1990

As Minister responsible for the Mineral Resources (Sustainable Development) Act 1990, I give notice under section 12(1) of the Subordinate Legislation Act 1994 (the SL Act) that, I have decided to recommend the making of the Mineral Resources (Sustainable Development) (Mineral Industries) Amendment (Fees) Regulations 2026 (proposed Amendment Regulations).

The objective of the proposed Amendment Regulations is to establish a fair and transparent fee framework that gives effect to the outcomes of Resources Victoria’s review of cost recovery. This enables full recovery of costs of administering and regulating the mineral industry under the Act by introducing fee changes to:

• application fees
• fees for varying work authority
• fees for transfer of work authority
• fees for lodging work plans
• fees for varying work plans
• amendment of fees.

The RIS and a draft copy of the proposed Amendment Regulations were advertised for public comment between 23 May 2025 and 23 June 2025. Resources Victoria received 24 submissions from industry bodies and operators, an environmental body, a member of the public, local governments and a state public body. There were also 70 responses to the online survey.

After consideration of the submissions, in accordance with section 11(3) of the Act, I have decided that the proposed Amendment Regulations should be made, with amendments to the draft of the proposed Amendment Regulations that were released for public comment:

1. The proposed Amendment Regulations will improve regulation efficiency of the sector, increase cost recovery, and help ensure fulfilment of Government’s legislative objective to encourage an economically viable minerals industry.
2. The proposed Amendment Regulations will give effect to the outcomes of Resources Victoria’s’ review of cost recovery. These amendments include proposed fee increases for the mineral and resources sector.
3. The RIS confirmed that current fees do not cover costs of regulating the minerals and extractives sectors. This makes core regulatory activities financially unsustainable and may adversely affect industry continuity.
4. The Treasurer and industry stakeholders were consulted in development of the RIS.
5. Issues raised during public consultation included impacts on Miner’s Rights and exploration fees. To address this impact, the proposed Amendment Regulations differ from those consulted on in the RIS. Changes also include updates to other fees to ensure cost recovery.
6. The proposed Amendment Regulations will come into operation on 1 January 2027.

More details on how submissions have been considered and responded to are set out in the Response to public comments document published on Engage Victoria and available in hard copy at the Department of Energy, Environment and Climate Action, 8 Nicholson Street, East Melbourne 3000.

After the proposed Regulations are made, they will become publicly available on the Victorian legislation website at www.legislation.vic.gov.au. The proposed Amendment Regulations will come into operation on 1 January 2027.

Dated: 14 August 2026

HON JACLYN SYMES MP

Minister for Energy and Resources