Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 25

Grant or refusal of licence

25. Grant or refusal of licence



(1) The Minister must not grant a licence over land-

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

   (b)  that is covered by an exploration licence, unless the application is
        for a mining licence and, if the applicant is not the holder of the
        exploration licence-

   (i)  the holder of that licence consents in writing; or

   (ii) all of the following conditions 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; and

                (C)  the Minister has waived the need for the exploration
                     licence holder's consent under section 25A; or

   (c)  that has been covered by an exploration licence for at least 2 years,
        if the granting of the licence would mean that-

   (i)  the number of mining licences which each cover 5 hectares or less
        granted by virtue of section 25A over land covered by the exploration
        licence is more than the number of graticular sections 4covered by the
        exploration licence divided by 10; or

   (ii) any 2 areas of 5 hectares or less covered by mining licences granted
        by virtue of section 25A within the exploration licence would be 1
        kilometre or less apart at the closest points; or

   (d)  that is the subject of any other application that-

   (i)  has not been determined; and

   (ii) has, because of section 23, a higher priority than the present
        application; or



   (e)  that is exempted under this or any other Act from being subject to-

   (i)  an exploration licence, if the application is for an exploration
        licence; or

   (ii) a mining licence, if the application is for a mining licence; or

   (f)  that is subject to a current minerals exemption; or

   (g)  that is subject to the tender process under section 27, unless the
        licence is granted to the successful tenderer; or



* * * * *





        (i)    that is limited to a particular stratum unless the Minister is
               satisfied that the applicant can obtain reasonable access to
               and use of the land.

(2) Otherwise, the Minister may grant or refuse a licence after considering
any objections made under section 24.

(3) The Minister may grant a licence if the applicant has substantially
complied with this Act or the regulations (provided that the applicant
complies with section 15(6)(a), (b), (c) and (d)), and may refuse to grant a
licence even though the applicant has complied with this Act and the
regulations.



* * * * *



(4) Subsection (3) does not authorise the Minister to grant a licence if the
applicant has not complied with this Act or the regulations unless the
Minister is satisfied that the non-compliance is not likely to affect
adversely any person's rights under this Act or the regulations or to result
in any person being deprived of information necessary for the effectual
exercise of those rights.

(5) For the purposes of subsection (1)(c)(i), any part of a graticular section
covered by the licence, and any fraction of a graticular section that remains
after dividing the number of graticular sections covered by the licence by 10,
must be treated as a whole graticular section.

(6) In determining whether the limit imposed by subsection (1)(c)(i) or (ii)
would be exceeded by the granting of a mining licence, regard must be had to
the area covered by the exploration licence after excluding any area-

   (a)  excluded on a renewal of the exploration licence; or

   (b)  identified for exclusion in an application lodged for renewal of the
        exploration licence-

on account of section 30.

(7) On granting a licence over land the Minister must refuse any other
application for a similar type of licence that has been received to the extent
that it relates to land covered by the licence being granted.