Victorian Consolidated Legislation

Extractive Industries Development Act 1995 - SECT 7

Ownership of stone

7. Ownership of stone



(1) All stone which is on or below the surface of any private land and is
owned by the Crown, despite any reservation in the Crown grant or in any Crown
lease of the land, is not the property of the Crown but is the property of the
owner of the land.

(2) A person who-

   (a)  holds a work authority; or

   (b)  applies for a work authority-

in respect of any stratum of private land immediately below which there is
unalienated Crown land and that person proposes to carry out an extractive
industry on that unalienated Crown land is deemed to own that Crown land for
the purpose of obtaining a work authority for the carrying out of that
extractive industry, but the stone in that unalienated Crown land remains the
property of the Crown and that person must pay royalties for the stone
extracted or removed from the land and the work authority may provide for the
determination and payment of royalties accordingly. _______________