Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 12

Special requirements for particular land

12. Special requirements for particular land



(1) A person who proposes to carry out any search for stone on land-

   (a)  that is owned by, vested in or managed or controlled by an Authority
        under the Water Act 1989 or a licensee within the meaning of that Act
        or Melbourne Water Corporation must obtain the consent of that
        Authority, licensee or Corporation; or

   (b)  on which there is a public highway, road or street must give 21 days
        notice of the proposed work to the person or body having the care or
        management of the public highway, road or street.

(2) A person may only do work at a depth of more than 0·75 metres below any
land that is within 100 metres of-

   (a)  a waterway that is owned by, vested in or managed or controlled by an
        Authority under the Water Act 1989 or a licensee within the meaning of
        that Act or Melbourne Water Corporation; or

   (b)  any main drains, sewers, aqueducts, channels or pipelines of that
        Authority, licensee or Corporation-

after consultation with the Authority, licensee or Corporation and in
compliance with any conditions specified by the Authority, licensee or
Corporation.

(3) The Authority, licensee or Corporation-

   (a)  must not unreasonably withhold consent under subsection (1)(a); and

   (b)  may grant that consent subject to conditions.

(4) If the Authority, licensee or Corporation does not, within 60 days after
the consent under subsection (1)(a) being sought, grant that consent or refuse
to consent, that consent is deemed to have been granted.

(5) If the Authority, licensee or Corporation refuses to consent under
subsection (1)(a) the Authority, licensee or Corporation 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.

(6) A person may apply to the Tribunal for review of a decision-

   (a)  by the Authority, licensee or Corporation to refuse to consent to that
        person carrying out a search for stone under subsection (1)(a); or

   (b)  by the Authority, licensee or Corporation to consent to that person
        carrying out a search for stone under subsection (1)(a) subject to
        conditions; or





   (c)  by the Authority, licensee or Corporation to specify any conditions
        for that person to do work at a depth of more than 0·75 metres below
        any land under subsection (2).