Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 25A

Waiver of exploration licence holder's consent

25A. Waiver of exploration licence holder's consent



(1) This section applies if-

   (a)  a person applies for a mining licence over land that is covered by an
        exploration licence; and

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

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

   (d)  the person is unable or unwilling to obtain the written consent of the
        holder of the exploration licence to the granting of the licence.

(2) The person may apply to the Minister for the Minister to waive the need
for the person to obtain the exploration licence holder's consent to the
granting of the licence.

(3) An application must be made in the form and manner required by the
Minister.

(4) On the receipt of an application for waiver, the Minister must assess
whether the granting of the mining licence would mean that the limit imposed
by section 25(1)(c)(i) or (ii) would be exceeded.

(5) If the Minister determines that the limit would not be exceeded, the
Minister must refer the application for waiver to the mining warden for a
recommendation as to whether the Minister should grant the waiver.





(6) The mining warden must, within 30 days after receiving a referral, make a
recommendation to the Minister about whether or not the Minister should grant
the waiver.

(7) The mining warden must not recommend that the Minister grant a waiver
unless the mining warden is satisfied that the granting of the application for
the licence-

   (a)  would not be likely to significantly interfere with any work being, or
        proposed to be, carried out by the exploration licence holder; and

   (b)  would not be unfair to the exploration licence holder; and

   (c)  would not otherwise be inappropriate.

(8) In making a recommendation, the mining warden may propose specified depth
restrictions that should be applied if the licence is granted.

(9) Before granting a waiver, the Minister must consider the recommendation
made by the mining warden.