MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 44 Particular consents etc. required

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 44

S. 44(1) amended by Nos 86/1993 s. 25(a)(b), 82/2000 s. 44(1), 63/2006 s. 32.

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

S. 44(2) amended by No. 82/2000 s. 44(1).

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

S. 44(2)(a) repealed by No. 86/1993 s. 25(c).

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S. 44(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 83.1).

        (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

S. 44(2)(c) amended by No. 86/1993 s. 25(d).

        (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.

S. 44(3) repealed by No. 86/1993 s. 25(e).

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S. 44(4) amended by No. 86/1993 s. 25(f).

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

        (a)     must not be unreasonably withheld; and

        (b)     may be granted subject to conditions.

S. 44(5) amended by No. 86/1993 s. 25(f)(g).

    (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.

S. 44(6) substituted by No. 82/2000 s. 44(2).

    (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.

S. 44(7) amended by No. 86/1993 s. 25(f).

    (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.

S. 44(8) amended by No. 82/2000 s. 44(1).

    (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.

S. 44(9) amended by No. 52/1998

s. 311(Sch. 1 item 64.3).

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

S. 44(9)(a) amended by No. 86/1993 s. 25(f).

        (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.

S. 44(10) inserted by No. 52/1998

s. 311(Sch. 1 item 64.4).

    (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.

S. 45 (Heading) inserted by No. 63/2006 s. 33(1).