Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 38A

Decrease in area under exploration licence

38A. Decrease in area under exploration licence



(1) On the second anniversary of the initial registration of an exploration
licence, the Minister must, unless he or she decides otherwise, cancel the
licence in relation to at least 25% of the total number of graticular sections
(in one or more areas each comprising whole graticular sections only) covered
by the licence.

(2) On the fourth anniversary of the initial registration of an exploration
licence, the Minister must, unless he or she decides otherwise, cancel the
licence in relation to at least a further 35% of the total number of
graticular sections (in one or more areas each comprising whole graticular
sections only) covered by the licence as originally granted.

(3) The areas in relation to which a licence is to be cancelled under this
section-

   (a)  are to be those identified by the licensee in a notice given to the
        Minister at least 30 days before the relevant anniversary; or

   (b)  in the absence of such a notice, are to be chosen by the Minister.





(4) At least 60 days before the relevant anniversary, the Minister must give
the licensee a written notice inviting the licensee to nominate the areas to
be cancelled under this section (unless the Minister does not intend to cancel
any area in relation to the licence).

(5) In calculating the area to be cancelled-

   (a)  any part of a graticular section covered by the licence, and any
        fraction of a graticular section that remains after calculating the
        area to be cancelled, must be treated as a whole graticular section;
        and

   (b)  if the licensee holds 2 or more exploration licences with a common
        expiry date over adjoining areas, the combined areas covered by the
        licences may, at the Minister's discretion, be treated as a single
        area.

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