Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 26AM

Grant or refusal of licence

26AM. Grant or refusal of licence



(1) The Governor in Council must not grant a licence over land-

   (a)  that is exempted under section 6 of this Act or under 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

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

   (c)  that is limited to a particular stratum unless the Governor in
        Council, on the recommendation of the Minister, is satisfied that the
        applicant can obtain reasonable access to and use of the land.

(2) Otherwise, the Governor in Council on the recommendation of the Minister
may-

   (a)  grant a licence under this section to an applicant to carry out the
        exploration or mining of coal on exempted land; or

   (b)  refuse to grant that licence.

(3) The Minister must not make a recommendation under subsection (2) unless
the Minister has first considered any objections made under section 24 as
applied by section 26AL(1).

(4) Sections 25(3), 25(4) and 25(7) apply to the granting or refusal of the
granting of a licence under this Subdivision as if-





   (a)  the decision to grant or refuse to grant the licence were made under
        Division 2; and

   (b)  any reference to the Minister were a reference to the Governor in
        Council on the recommendation of the Minister.

(5) Sections 26(1), 26(2), 26(4), 26(4A) and 26(8) apply to a licence granted
under this Subdivision as if-

   (a)  the licence were granted under Division 2; and

   (b)  any reference to the Minister were a reference to the Governor in
        Council on the recommendation of the Minister.