Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 33

Transfer of licence

33. Transfer of licence



(1) An exploration licence must not be transferred during its first year, and
a purported transfer during that time has no effect.

(2) A licence (other than an exploration licence during its first year) may be
transferred by an instrument approved by the Minister and not otherwise.

(3) Before approving an instrument of transfer, the Minister must be satisfied
that the proposed transferee complies with section 15(6)(a), (b), (c) and (d).



(3A) The Minister may approve an instrument of transfer even if he or she is
not satisfied as to the matter specified in section 15(6)(ba) if the Minister
is satisfied that minerals have been identified in the land covered by the
licence and that-

   (a)  additional time is necessary to assess the economic viability of
        mining those minerals; or

   (b)  it is not at present economically viable to mine those minerals but it
        may become so in the future.

(4) A transfer-

   (a)  has no effect until the instrument of transfer is approved by the
        Minister and registered; and

   (b)  once approved and registered, attaches to the transferee all rights
        and obligations under the licence.

(5) The transferee of a mining licence must give written notice of the
transfer to the owner of any land covered by the licence.