Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 15

Application for a licence

15. Application for a licence



(1) A person may apply to the Minister in accordance with the regulations for
an exploration licence or a mining licence.

(1A) An application for a licence is ineffective, and must not be accepted by
the Minister, to the extent that it is for-

   (a)  a licence over land that is covered by a mining licence; or

   (b)  an exploration licence over land that is covered by an exploration
        licence; or

   (c)  a mining licence over land that is covered by an exploration licence
        unless-

   (i)  the applicant is the holder of the exploration licence; or

   (ii) the application is accompanied by the written consent of the holder of
        the exploration licence to the granting of the licence; or

   (iii) both of the following apply-

                (A)  the area of the land for which the mining licence is to
                     be sought is 5 hectares or less; and

                (B)  the exploration licence was first registered more than 2
                     years before the application was lodged; or

   (d)  a licence over land in respect of which an application for a licence
        has already been made (unless the application is made on the same day
        as the other application); or





   (e)  a licence over land that is subject to the tender process under
        section 27; or



   (f)  a licence over land that is the subject of an exemption under section
        6 or 7; or



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   (h)  a licence over land that was covered by a previous licence if the
        application is lodged less than 28 days after the previous licence
        ceased to apply to the land; or

        (i)    a licence over land that was the subject of a previous
               application if the application is lodged less than 28 days
               after the previous application lapsed, or was withdrawn,
               rejected or not accepted.

(1B) An application of a kind described in paragraph (a), (b), (c), (d) or (e)
of subsection (1A) must be taken to be an application for an exploration
licence or a mining licence (as the case requires) over any other land to
which it relates.

(1C) An application for a licence is ineffective, and must not be accepted by
the Minister, if it does not contain all of the details required by the
regulations for an application for that type of licence.

(1D) For the purpose of determining whether an application falls within a
category listed in subsection (1A), the Minister may ask the applicant to
provide additional information about the application (but only if that
information is not information that was required by the regulations).

(1E) The request for the additional information must be made in writing and
may specify a time within which the information is to be given to the
Minister.

(1F) If, in asking for additional information, the Minister specified a period
within which the information was to be given, the application lapses if-

   (a)  the information is not given to the Minister within the time specified
        by the Minister in making the request (or within any later time
        subsequently allowed by the Minister in writing); and

   (b)  the Minister has not withdrawn the request for the information within
        the times referred to in paragraph (a).

(1G) If, in asking for additional information, the Minister did not specify a
period within which the information was to be given, the application lapses if
the information is not given to the Minister within 6 months after the request
was made (unless the Minister withdraws the request within that time).

(2) If the Minister does not accept an application, he or she must notify the
applicant in writing that the application has not been accepted and must
include in the notification details of the reasons why it was not accepted.

(3) If the Minister accepts an application, he or she must notify the
applicant in writing that the application has been accepted, and must include
in the notification-

   (a)  if, because of section 23, the application has a lower priority than
        another application, a statement that another application has
        priority; or

   (b)  in any other case, a statement that the application has priority.

(4) On an application ceasing to have a lower priority than another
application, the Department Head must notify the applicant that the
application has priority.

(5) An applicant for a licence must, within 14 days after being notified under
subsection (3)(b) or (4) that the application has priority, advertise the
application in accordance with the regulations and, if the application is for
a mining licence, give notice of it in accordance with the regulations to the
owner and occupier of the land affected3.

(5A) The Minister must, as soon as practicable after an applicant for a
licence covering unrestricted Crown land is notified under subsection (3)(b)
or (4) that the application has priority, consult with the Crown land Minister
in relation to the carrying out of work on that land and the Crown land
Minister may recommend to the Minister conditions to which the licence should
be made subject.

(6) An applicant for a licence must satisfy the Minister that the applicant-

   (a)  is a fit and proper person to hold the licence; and

   (b)  intends to comply with this Act; and





   (ba) genuinely intends to do work; and





   (c)  has an appropriate program of work; and

   (d)  is likely to be able to finance the proposed work and rehabilitation
        of the land.

(7) An applicant for a licence must provide any additional information about
the application that is requested in writing by the Minister, within 14 days
after receipt of the request or any longer time allowed by the Minister.

(8) If the Minister asks for additional information about an application, the
application lapses if-

   (a)  the information is not given to the Minister within the time required
        by subsection (7); and

   (b)  the Minister has not withdrawn the request for the information within
        that time.

(9) In consenting to the granting of a mining licence over land that is
covered by an exploration licence, the holder of the exploration licence may
make the consent conditional on specified depth restrictions.



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