MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 77A Consent to search for stone on certain land

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 77A

    (1)     A person who proposes to search for stone on Crown land must obtain the consent of the Crown land Minister.

    (2)     A person who proposes to search for stone on land that is owned by, vested in or managed or controlled by an Authority under the Water Act 1989 must obtain the consent of that Authority.

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

        (a)     must not be unreasonably withheld; and

        (b)     may be granted subject to conditions.

    (4)     The Crown land Minister whose consent is sought under subsection (1) must, within 60 days (or any longer period allowed by the Crown land Minister) after the consent being sought, grant that consent (whether subject to conditions or not) or refuse to consent.

    (5)     An Authority under the Water Act 1989 whose consent is sought under subsection (2) must, within 60 days after the consent being sought, grant that consent (whether subject to conditions or not) or refuse that consent.

    (6)     An Authority under the Water Act 1989 that does not comply with subsection (5) is taken to have given the consent sought.

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

Note

Section 6AA sets out land that is not available for searching for stone.

S. 77B inserted by No. 6/2009 s. 20, amended by No. 17/2012 s. 92, substituted by No. 68/2014 s. 44.