Victorian Consolidated Legislation

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

Resolution of excision disputes

26D. Resolution of excision disputes





(1) As soon as possible after receiving notice of a dispute under section 26C,
the President of the Australian Property Institute must appoint a person who
is appropriately qualified, in the President's opinion, to act as an
independent expert to consider the application.

(2) The independent expert must consider the application, the statement of
economic significance, the notice of dispute and any other material submitted
to the expert within any time specified by the expert.

(3) Within 60 days after her or his appointment, the independent expert must
make a recommendation to the Minister, supported by reasons, in relation to
the dispute.

(4) The Minister must consider the recommendation and decide whether 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.

(5) The President of the Australian Property Institute, after considering the
advice of the independent expert, may direct the licensee or the person who
applied for the excision to pay the whole or any part of the reasonable fees
and expenses of the independent expert.

(6) A direction under subsection (5) creates a debt due to the independent
expert.