Victorian Consolidated Legislation

Wildlife Act 1975 - SECT 19

Limitation of mining etc. on State Wildlife or Nature Reserves

19. Limitation of mining etc. on State Wildlife or Nature Reserves



(1) Notwithstanding anything to the contrary in the
Mineral Resources (Sustainable Development) Act 1990 or in any other Act or
law no person has any rights of entry, prospecting, exploration, or mining in
respect of lands being part of a State Wildlife Reserve or a Nature Reserve
without the written permission of the Minister after consultation with the
Minister for the time being administering the
Mineral Resources (Sustainable Development) Act 1990 and subject always to any
conditions, limitations, or restrictions the Minister thinks fit to impose.

(2) Any dispute arising with respect to the operation of this section between
the Department within the meaning of the
Conservation, Forests and Lands Act 1987 and any other Government Department
or authority, board, or like body incorporated by Act of Parliament for a
public purpose shall be determined by the Governor in Council whose decision
thereon shall be final.

(3) Where buildings huts fences dams weirs installations or standing crops are
found within a State Wildlife Reserve or a Nature Reserve and-

   (a)  the owner or occupier thereof does not on demand produce any lease
        licence permit or authority therefor; or





   (b)  after reasonable inquiries made by an authorised officer the owner or
        occupier thereof cannot be found-

then on the hearing of the complaint of an authorised officer either generally
or specially authorized in writing by the Secretary to make such a complaint
the Magistrates' Court may fix a time within which such buildings huts fences
dams weirs installations or crops shall be removed.

(4) If such removal is not effected within the time so fixed all such
buildings huts fences dams weirs installations or crops shall thereupon become
the property of the Crown and shall be disposed of as the Minister directs.

(5) In any case where after such inquiries the owner or occupier has not been
found it shall be sufficient service of the notice of removal if a copy
thereof is posted on some conspicuous part of the land on which the buildings
huts fences dams weirs installations or crops are found.



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