Victorian Consolidated Legislation

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

PART 3 WORK UNDER A LICENCE

Boundaries of licence area must be surveyed and marked out

38AA. Boundaries of licence area must be surveyed and marked out



(1) The holder of a mining licence must survey and mark out the boundaries of
the land covered by the licence in the manner, and within the time, required
by the regulations.

Penalty: 50 penalty units.

(2) The purpose of the survey and marking out is to ensure that the boundaries
of the area to which the licence applies are readily ascertainable by a person
in the area.

(3) A licensee is not entitled to enter land for the purpose of surveying or
marking out boundaries as required by subsection (1), unless-

   (a)  the licensee-

   (i)  has, in the case of private land, the written consent of the owner or
        occupier of the land to the entry; or

   (ii) has, in the case of occupied Crown land, the written consent of the
        occupier of the land to the entry; or

   (iii) has, in the case of any other Crown land, given the person
        responsible for the management of the land written notice of the
        intended entry; or

   (b)  the Department Head grants an authority in writing to the licensee
        under section 38AB.





(4) For the purposes of subsection (3), occupied Crown land means any Crown
land on which a person is undertaking an activity that is authorised by a
lease, licence, permit or other authority granted in respect of that land by,
or under, an Act.