Victorian Consolidated Legislation

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

Excision of agricultural land from a licence

26B. Excision of agricultural land from a licence



(1) On the application of an owner or occupier of agricultural land, the
Minister must excise the land from the area covered by a mining licence if-

   (a)  the licensee consents to the excision; or

   (b)  the Minister decides, in accordance with section 26D, that there would
        be greater economic benefit to Victoria in continuing the use of the
        land as agricultural land than in carrying out the work proposed to be
        carried out on that land under the licence.

(2) An application for excision must be made to the Minister in writing within
30 days after the owner or occupier receives a copy of the statement of
economic significance provided in relation to the land.

(3) The application must include-

   (a)  an assessment of the benefits to Victoria in continuing the use of the
        land as agricultural land; and

   (b)  if the owner disputes anything contained in the statement of economic
        significance, details of the matters the owner disputes, including the
        reasons why the owner disputes those matters.

(4) The owner must also give a copy of the application to the licensee within
the 30 days referred to in subsection (2).