Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 5

Application of this Act

5. Application of this Act



(1) The provisions of this Act do not apply to or with respect to any
extractive industry exempted by notice published in the Government Gazette by
the Minister from compliance with any of the provisions of this Act whether
unconditionally or on specified conditions and either wholly or to such an
extent as is specified.

(2) Despite any contrary provision in any other Act administered by the
Ministers administering the Conservation, Forests and Lands Act 1987 if there
is provision under any of those Acts to issue or grant a lease, licence,
permit or authority allowing for the search for stone or the carrying out of
an extractive industry, a person is not required to obtain such a lease,
licence, permit or authority if the person has complied with this Act with
respect to the searching for stone or the carrying out of the extractive
industry.

(3) Subsection (1) does not affect any lease, licence, permit or authority
issued or granted under an Act administered by the Ministers referred to in
subsection (2).

(4) The provisions of this Act do not apply to or with respect to the
extraction or removal of stone from land that is a farm if the stone is
intended in good faith only to be used on that farm for the purposes of a dam
or other farmworks and not for sale or any other commercial use.

(5) The provisions of this Act do not apply to or with respect to the carrying
out of any extractive activity within the meaning of the
Catchment and Land Protection Act 1994.