Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 11

Consent to search for stone on Crown land

11. Consent to search for stone on Crown land



(1) A person may apply to the Minister responsible for administering the Act
under which particular Crown land is controlled or managed for consent to
search for stone on that Crown land.

(2) The Minister must, within 14 days after receiving an application for
consent, give notice of the application to-

   (a)  any person or body nominated by the Minister administering the
        Aboriginal Heritage Act 2006; and



   (b)  any registered Aboriginal party (within the meaning of the
        Aboriginal Heritage Act 2006) for an area to which the application
        relates.

(3) The Minister must have regard to any comments or submissions of a person
or body nominated for the purposes of subsection (2) in considering an
application for consent.

(4) The Minister may, by instrument in writing-

   (a)  consent to search for stone on the Crown land; or

   (b)  consent to search for stone on the Crown land subject to conditions;
        or

   (c)  refuse to consent to search for stone on the Crown land.

(5) The Minister must not unreasonably withhold consent.

(6) The Minister must consent or refuse to consent to an application within 60
days after receiving the application or within any further period that the
Minister requires to determine the application including the consideration of
comments or submissions from a person or body nominated for the purposes of
subsection (2).

(7) If the Minister refuses to consent under subsection (4), the Minister
must, within 7 days after the decision to refuse, give the person proposing to
carry out the search a statement in writing of the reasons for the decision.

(8) A person may apply to the Tribunal for review of a decision by the
Minister-

   (a)  to refuse to consent to the person searching for stone on Crown land;
        or

   (b)  to consent to the person searching for stone on Crown land subject to
        conditions.