Victorian Consolidated Legislation

Land Acquisition and Compensation Act 1986 - SECT 38

No compensation for gold, minerals or pastoral licences

38. No compensation for gold, minerals or pastoral licences



(1) For the purposes of this Act, a licensee under the
Mineral Resources (Sustainable Development) Act 1990 is not entitled to
compensation for the value of any mineral in or under the surface of any
acquired land.





(2) For the purposes of this Act, the holder of any licence from the Crown,
the Governor or the Minister for the time being administering the
Land Act 1958 is to be considered as a tenant from year to year.

(3) Despite anything to the contrary in this Act, a licensee under the
Mineral Resources (Sustainable Development) Act 1990 is not entitled to claim
compensation if the licence contains a condition or power enabling the
Governor in Council to resume the whole or any portion of the land covered by
the licence without compensation if it is required for public purposes.

(4) Despite anything to the contrary in this Act, a licensee of Crown lands
for pastoral purposes is not entitled to compensation in respect of land held
under the licence and acquired pursuant to this Act.

(5) Despite anything to the contrary in this Act, if-

   (a)  land is subdivided into holdings, allotments or lots abutting back to
        back or side to back without any passage or right-of-way between them;
        and





   (b)  the Authority is empowered under the special Act to make or provide a
        drain or sewer for the drainage of the holdings, allotments or lots-

no compensation is payable in respect of the drain or sewer or its making or
provision except in relation to any building that is injured or interfered
with and which the Authority has not reinstated or repaired.