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Victoria is moving to a duty-based regulatory model

Victoria is changing how it regulates mines, quarries and exploration activities. The reform focuses on how activities are regulated, not what activities are regulated.

What does the reform mean

The new laws introduce a modern duty-based model. The duty-based model seeks to promote a more flexible, proportionate, efficient and risk-based regulatory approach.

Duty-based regulation puts risk at the centre of decision-making. It requires operators to proactively identify and manage risks and take reasonable steps to eliminate or reduce harm as far as practicable. This includes risks to the community, environment, land, property and infrastructure.

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

This approach aligns with other regulators. The Environment Protection Authority Victoria (EPA) and WorkSafe Victoria already operate under a general duty-based model, with WorkSafe Victoria using this approach for more than 30 years.

The reform will be delivered through the Minerals Resources (Sustainable Development) Amendment Act 2023. The duty-based model will commence from 1 July 2027 and will be supported by new regulations.

The duty-based model will

  • Assign a risk level (lower, moderate, higher) to operators to focus regulatory effort on managing the highest risks.
  • Support a systems-based approach to reducing harm, rather than relying on prescriptive requirements for every situation.
  • Allow operators flexibility to use fit-for-purpose risk controls to demonstrate compliance with standards set in regulations.
  • Remove the need for statutory work plan approvals, reducing time, cost and administrative burden for industry.
  • Be supported by clear regulatory standards to support consistent and efficient regulation.
  • Require regular reviews of rehabilitation plans to ensure agreed land use outcomes are being met.

To support the duty-based model, Resources Victoria will ensure operators have access to clear guidance on their responsibilities (duties), including compliance expectations and what is considered reasonably practicable.

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

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 role of councils in planning decisions.

Stages of reform and engagement

Resources Victoria is delivering the reform across 2 main stages:

Stage 1: Implementation phase

  • Proposed regulations and supporting materials will be released for public feedback through a regulatory impact statement (RIS) process as required for all new regulations.
  • Targeted engagement with relevant stakeholders – including industry, local governments, co-regulators, environmental organisations, Traditional Owners and the wider community – before the RIS to test policy settings and inform regulation design.
  • The RIS will be published and supporting regulations will be made in 2026.
  • Planning instruments will also be updated. These changes will follow the public consultation requirements of the Planning and Environment Act 1987.

Stage 2: Transition phase

  • In the lead up to 1 July 2027, transitional activities will focus on readiness and understanding across industry, regulators and the broader community.
  • We will update operational processes, strengthen regulatory capability, and prepare guidance and education materials.
  • We will start the process of transitioning existing licence and authority holders to the new framework.

We will continue engaging with industry to ensure operators are ready for the new requirements from 1 July 2027.

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: 14 Jan 2026