Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 44

Particular consents etc. required

44. Particular consents etc. required



(1) A licensee who proposes to do work under the licence on restricted Crown
land must obtain the consent of the Crown land Minister.





(2) A licensee who proposes to do work under the licence on land-



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   (b)  that is owned by, vested in or managed or controlled by the Melbourne
        Water Corporation or an Authority under the Water Act 1989 must obtain
        the consent of that Board or Authority; and

   (c)  on which there is a public highway, road or street must give 21 days'
        notice of the proposed work to the person or body having the care or
        management of the public highway, road or street.



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(4) A consent under subsection (1) or (2)-

   (a)  must not be unreasonably withheld; and

   (b)  may be granted subject to conditions.



(5) A person or body whose consent is sought under subsection (1) or (2) must,
within 28 days (or any longer period allowed by the Minister) after the
consent being sought, grant that consent (whether subject to conditions or
not) or refuse to consent.

(6) A person or body that does not comply with subsection (5) in relation to
any land is deemed to have given the consent sought.

(7) A person or body that refuses to consent under subsection (1) or (2) must,
within 7 days after the decision to refuse, give the licensee a statement in
writing of the reasons for the decision.

(8) A licensee may only do work under the licence at a depth of more than 0·75
metres below any land that is within 100 metres of-

   (a)  a waterway that is owned by, vested in or managed or controlled by the
        Melbourne and Metropolitan Board of Works or an Authority under the
        Water Act 1989; or

   (b)  any main drains, sewers, aqueducts, channels or pipelines of that
        Board or such an Authority-

after consultation with the Board or Authority and in compliance with any
conditions specified by the Board or Authority.

(9) A licensee may apply to the Tribunal for review of a decision-



   (a)  by a person or body under subsection (1) or (2)-

   (i)  to refuse to consent; or

   (ii) to consent subject to conditions; or

   (b)  under subsection (8) by the Board or an Authority to specify a
        condition with which the licensee must comply in doing work.

(10) An application for review must be made within 28 days after the later of-

   (a)  the day on which the decision is made;

   (b)  either-

   (i)  in the case of a decision under subsection (1) or (2), the day on
        which the statement of reasons for the decision is given to the
        licensee under subsection (7); or

   (ii) in the case of a decision under subsection (8), if, under the
        Victorian Civil and Administrative Tribunal Act 1998, the licensee
        requests a statement of reasons for the decision, the day on which the
        statement of reasons is given to the licensee or the licensee is
        informed under section 46(5) of that Act that a statement of reasons
        will not be given.