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Victoria’s mining and quarrying industries are moving to a duty-based regulatory model

    Victoria is changing how it regulates mines, quarries and exploration activities. The reform changes how activities are regulated. It does not change what activities are regulated.

    From 1 July 2027, operators will need to meet a new general duty. This means they must proactively identify and manage risks and take reasonable steps to remove or reduce harm as far as reasonably practicable. This includes risks to the community, environment, land, property and infrastructure.

    The reform will be delivered through the Mineral Resources (Sustainable Development) Amendment Act 2023. New regulations and guidance will support the reform.

    Resources Victoria is leading this reform and will support operators through the transition.

    What is changing

    Operators will have a general duty to manage risks and impacts from work on their sites. This is a shift from relying on detailed work plans that capture risks at one point in time.

    The new model puts ongoing risk management at the centre of day-to-day operations. Operators will need to:

    • identify and assess risks
    • put controls in place
    • check that controls are working
    • review and improve their approach over time.

    The duty will apply to all licence and work authority holders, regardless of risk level. This means it will not only apply to operators that previously needed a work plan.

    The reform also introduces increased penalties for failing to meet the duty, including fines and, in some cases, imprisonment.

    What is staying the same

    Operators will still need a licence or a work authority to operate.

    Rehabilitation will remain essential. Operators will still need to rehabilitate land, even if their licence or work authority has expired. This will help protect land for future use and support agreed land use outcomes.

    Depending on the operation, we will either:

    • approve and enforce rehabilitation plans in a similar way to the current process
    • require operators to complete rehabilitation in line with the regulations.

    The duty-based model will not:

    • change the environment effects statement (EES) process, which will continue to be managed by the Minister for Planning and their department under the Environment Effects Act 1978
    • remove the need for planning permission.

    Licence conditions will still be used where appropriate. However, the primary focus will be on using the duty-based model to drive compliance.

    Risk levels

    The reform will introduce new risk levels for licences and work authorities.

    Each site will be classed as one of the following:

    • lower risk
    • moderate risk
    • higher risk.

    What each risk level means

    • Lower risk sites will need to comply with a new Code of Compliance. The current Codes of Practice will no longer exist.
    • Moderate and higher risk sites will need to meet additional requirements for specific activities. These requirements will be set out in the regulations. These sites will also need an approved rehabilitation plan. Existing approved rehabilitation plans for these sites will transition into the new framework.

    All sites, regardless of risk level, must meet the general duty.

    Transitioning to the new model

    Operators of existing sites will be notified of their risk levels from 1 July 2027. Before then, we will work with operators to give them an indication of where their sites may fit under the new framework.

    During the transition, the focus will be on helping operators understand the new requirements and prepare for change.

    If an operator already has an approved work plan with up-to-date risk management and monitoring arrangements, this may help show they are meeting the general duty.

    The duty-based model builds on what many operators are already doing. Operators that are already meeting their obligations under the current model are likely to be well placed under the new model.

    Where operators are actively trying to manage risks, the focus will be on supporting compliance rather than enforcement.

    Key dates before the transition for work plans

    Operators should plan ahead before the new model starts.

    We strongly recommend submitting all work plan and work plan variation applications by 1 November 2026.

    Applications or variations submitted after this date are unlikely to be processed before 1 July 2027.

    If an application or variation is not approved before 1 July 2027, it will lapse before the new model starts. Operators will not need to resubmit variations unless there are updates to the rehabilitation plan. However, if operators significantly change their operations beyond their planning permit requirements, they may still need to submit a variation to the relevant planning authority.

    Minor variations, previously called administrative updates, can still be lodged until 31 May 2027. These are encouraged where they improve existing rehabilitation plans or approach to ongoing risk management.

    Updating older rehabilitation plans may also reduce an operation’s rehabilitation liability and bond.

    Why the model is changing

    • It supports a more outcomes-focused and risk-based approach. It gives operators more flexibility to choose controls that suit their site, while still requiring them to meet clear standards. This means operators can focus on what is safest and most effective for their operations, rather than following prescriptive and potentially outdated approvals for every situation.
    • It focuses paperwork on managing real risks. Under the new model, statutory work plan approvals will no longer be required. This may reduce time, cost and administrative burden for industry. Operators will still need to keep records, including a risk management plan, to show how they identify, manage and review risks.
    • It aligns Victoria with contemporary standards. This supports Victoria’s investment appeal and strengthens the state’s reputation for responsible resource development.

    Stages of reform and engagement

    We will deliver the reform across 2 main stages:

    Stage 1: Implementation

    • We will release the proposed regulations and supporting materials through a regulatory impact statement (RIS). This process is required for all new regulations.
    • Before the RIS is released, we will carry out targeted engagement with relevant stakeholders. This includes industry, local governments, co-regulators, environmental organisations, Traditional Owners and the wider community. This engagement will help test policy settings and inform the design of the regulations.
    • The RIS will be published for public feedback. Supporting regulations will progress in 2026.
    • Planning instruments will also be reviewed. These changes will follow the public consultation requirements of the Planning and Environment Act 1987.

    Stage 2: Transition

    The transition phase will focus on readiness before the new model starts on 1 July 2027.

    We will:

    • update operational processes
    • strengthen regulatory capability
    • prepare guidance and education materials
    • plan how existing licence and authority holders will move to the new framework
    • continue engaging with industry to ensure operators are ready for the new requirements.

    Find out more

    Read the Amendment Act on the Victorian Legislation website. The Act received Royal Assent on 29 August 2023.

    The Explanatory Memorandum on the Victorian Bills in Parliament explains what each clause of the Act does.

    Page last updated: 03 Jun 2026