Victorian Consolidated Legislation

Mineral Resources (Sustainable Development) Act 1990 - SECT 46

Minister may authorise work near dwelling house

46. Minister may authorise work near dwelling house





(1) The Minister may authorise a licensee to do work within the area
prohibited by section 45(1)(a)(i) or within 100 metres below that area-

   (a)  after considering the advice of the Mining and Environment Advisory
        Committee; or

   (b)  after consultation with the municipal council in whose municipal
        district an area is situated, and any community group or member of the
        community whom the Minister considers should be consulted about the
        proposed work.

(2) A licensee who does work in accordance with an authority under subsection
(1) is not guilty of an offence under section 45(1).

(3) A licensee who does work in accordance with an authority under subsection
(1), or with the consent of a person or body under section 45(4), must repair
any damage caused to the protected building or site by the work.

(4) In this section work has the same meaning as it has in section 45(7).