Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 33B

Mining licence may be split and transferred

33B. Mining licence may be split and transferred



(1) This section applies if the holder of a mining licence wishes to transfer
an area of land covered by the holder's licence to another person (the
transferee), but is not able to do so under section 33A.

(2) The holder may apply to the Minister to have the land severed from the
holder's licence and made the subject of a separate licence that is subject to
the same conditions, and that will have the same currency, as the holder's
licence.

(3) The application must be made in the manner and form specified by the
Minister.

(4) The Minister must not approve an application under this section unless the
Minister is satisfied-

   (a)  that the severance is necessary to ensure that work can be undertaken
        on the land; and

   (b)  that the transferee satisfies the requirements listed in section
        15(6); and

   (c)  that adequate arrangements have been made to continue or replace any
        rehabilitation bond that applies to the land.

(5) In approving an application, the Minister is to be taken as granting the
licence in relation to the severed land to the transferee.

(6) On registration of the licence in relation to the severed land-

   (a)  the transferee becomes the holder of the licence; and

   (b)  the licence is subject to the same conditions, and has the same
        currency, as the licence that applied to the land that was severed
        before the severance; and

   (c)  the transferee has all the rights, and is subject to the same
        obligations, applying under the licence.

(7) The transferee must give written notice of the change of licensee to the
owners of the land.