Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 3

Definitions

3. Definitions



(1) In this Act-

Chief Inspector of Quarries means the Chief Inspector of Quarries appointed
under section 41(1)(a);

Crown land means land that is, or that is by any Act deemed to be, unalienated
land of the Crown, and includes-

   (a)  land of the Crown that is reserved permanently or temporarily by or
        under any Act; and

   (b)  land of the Crown occupied by a person under a lease, licence or other
        right under this or any other Act- but does not include land which is
        the subject of a licence granted under Part 3A of the
        Victorian Plantations Corporation Act 1993;

Department means the Department of Primary Industries;





Department Head means the Department Head (within the meaning of the
Public Administration Act 2004) of the Department;





* * * * *





extractive industry means the extraction or removal of stone from land if the
primary purpose of the extraction or removal is the sale or commercial use of
the stone or the use of the stone in construction, building, road or
manufacturing works and includes-

   (a)  the treatment of stone or the manufacture of bricks, tiles, pottery or
        cement products on or adjacent to land from which the stone is
        extracted; and

   (b)  any place, operation or class of operation declared by the Minister,
        by notice published in the Government Gazette, to be an extractive
        industry for the purposes of this Act;

infringement means an offence referred to in section 45;

inspector means an inspector of quarries appointed under section 41(1)(b) and
includes the Chief Inspector of Quarries;

occupier in relation to land means any person lawfully in possession of the
land;

owner means-

   (a)  in relation to Crown land, means the Minister responsible for
        administering the Act under which the Crown land is controlled or
        managed;

   (b)  in relation to private land under the Transfer of Land Act 1958 (other
        than land in an identified folio under that Act), the person who is
        registered or entitled to be registered as the proprietor of the land;
        and

   (c)  in relation to other private land-

   (i)  if the land is mortgaged, the mortgagor; and

   (ia) if the land is subject to a licence granted under Part 3A of the
        Victorian Plantations Corporation Act 1993, the licensee, under that
        Part, of the land; and

   (ii) in any other case, the person who has the fee in the land;

planning permit means a planning permit issued under the
Planning and Environment Act 1987;

planning scheme means a planning scheme made under the
Planning and Environment Act 1987;





private land means any land other than Crown land;

quarry means-

   (a)  a pit or excavation made in land below the natural surface for the
        purpose of extracting or removing stone if the primary purpose of the
        extraction or removal is the sale or commercial use of the stone or
        the use of the stone in construction, building, road or manufacturing
        works; or

   (b)  any place or operation declared by the Minister by notice published in
        the Government Gazette to be a quarry- and includes access ways on
        private land and the works, machinery, plant, equipment, buildings and
        structures above or below ground used for or in connection with-

   (c)  making, enlarging or deepening the pit or excavation; or

   (d)  carrying on the operation; or

   (e)  the extraction or removal of stone from the pit or excavation; or

   (f)  the treatment on or adjacent to the land in which the pit or
        excavation is made of stone extracted or removed from the land or the
        manufacture on or adjacent to that land of bricks, tiles, pottery or
        cement products substantially from stone so extracted or removed;

responsible authority in relation to a planning scheme has the same meaning as
in the Planning and Environment Act 1987;

* * * * *





* * * * *



stone means-

   (a)  sandstone, freestone or other building stone; or

   (b)  basalt, granite, limestone or rock of any kind ordinarily used for
        building, manufacturing, road making or construction purposes; or

   (c)  quartz (other than quartz crystals); or

   (d)  slate or gravel; or

   (e)  clay (other than fine clay, bentonite or kaolin); or

   (ea) peat; or

   (f)  sand, earth or soil; or

   (g)  other similar materials;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

work authority means a work authority granted under section 19;

work plan means a work plan lodged under section 17.

(2) If under the Public Administration Act 2004 the name of-







* * * * *



   (b)  the Department of Primary Industries is changed, a reference to that
        Department in the definition of Department Head must, from the date
        when the name is changed, be treated as a reference to the Department
        by its new name.

(3) If, under a provision of this Act, the Ministers administering the
Conservation, Forests and Lands Act 1987 are-

   (a)  given a function, power or duty in relation to a matter; or

   (b)  required to give a consent or to be consulted about a matter; or

   (c)  required to be given a notice or a copy of any document-

that function, power or duty may be exercised by, that consent is only
required to be given by, that consultation is only required to be with, and
that notice or copy is only required to be given to, whichever of those
Ministers is responsible in the relevant respect for the land concerned if
both of them are not so responsible and the provision has effect accordingly.