Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 34

Variation of licence

34. Variation of licence



(1) The Minister may after consultation with the licensee, by instrument
served on the licensee, vary a licence, or vary, suspend or revoke a condition
of a licence or add a new condition but the Minister cannot vary the period
for which a mining licence has effect.



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(2) The Minister may act under subsection (1)-

   (a)  at the request of the licensee; or

   (b)  if the Minister decides it is necessary for the protection of the
        environment or the rehabilitation or stabilisation of the land to
        which the licence applies; or

   (ba) if the Minister decides it is necessary to ensure that appropriate
        environmental offsets are provided for or implemented; or

   (c)  if the Minister decides it is necessary for the protection of a
        community facility; or



   (ca) if the Minister decides it is necessary for the purpose of allowing
        access to and use of the land to which the licence applies by the
        holder of another licence that is limited to a particular stratum; or

   (cb) if the Minister decides it is necessary because of any condition
        imposed on the approval of a work plan under section 40(6) or 41(5);
        or



   (d)  in any other circumstances that are prescribed.



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(3) A variation of a licence or a variation, suspension, revocation or
addition of a licence condition has no effect until the instrument by which it
was done is registered.