Commonwealth Consolidated Acts

ABORIGINAL LAND (LAKE CONDAH AND FRAMLINGHAM FOREST) ACT 1987 - SECT 31

  (1)   A person who has applied for a mining tenement, or for the renewal variation or extension of a mining tenement, in relation to the relevant land may, with the approval of the Minister, apply to the Corporation for permission to carry out the operations to which the first - mentioned application relates.

  (2)   An application:

  (a)   shall be in writing;

  (b)   shall be lodged with the Corporation; and

  (c)   shall include or be accompanied by all the information submitted by the applicant in support of the application for or relating to the mining tenement.

  (3)   If the Corporation so requests, the applicant shall supply it with any further information in writing that it reasonably requires so that it can decide whether to grant the application.

  (4)   As soon as practicable after applying for permission, or after supplying any further information to the Corporation, the applicant shall give the Minister a copy of the application, or of the further information.

  (5)   After receiving an application for permission, the Corporation may:

  (a)   refuse permission;

  (b)   grant permission without any conditions; or

  (c)   grant permission on any conditions that it considers appropriate and are not inconsistent with any law of the State or the Commonwealth in force in Victoria .

  (6)   As soon as practicable after granting or refusing permission, the Corporation shall give notice in writing to the applicant of that decision.

  (7)   The applicant shall, within 7 days after receiving the notice, give a copy of the notice to the Minister.

  (8)   If, at the end of 120 days after applying, an applicant has not received notice from the Corporation of its decision on the application, the Corporation shall be deemed to have made a decision to refuse permission.

  (9)   The Corporation may require the applicant to pay a reasonable fee for expenses incurred by it in processing the application.

  (10)   If the Corporation receives fees from an applicant and later grants permission to the applicant on the condition that the applicant give any payment or other consideration to the Corporation, the Corporation shall treat the amount of the costs and expenses received as payment towards the payment or consideration.