Victorian Current Acts

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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 114

Abandoned plant becomes property of the Crown

    (1)     If the licensee does not remove any plant from any land before, or within the period of 6 months after, the licence ceases to apply to that land, the plant becomes the absolute property of the Crown at the end of that period of 6 months.

    (2)     Subsection (1) does not apply to plant brought onto land in connection with the rehabilitation of the land.

    (3)     The Minister may direct the former licensee to remove plant referred to in subsection (2) and if the former licensee does not do so within the period of 6 months after the giving of that direction, the plant becomes the absolute property of the Crown at the end of that period of six months.

    (4)     Plant that becomes the property of the Crown may be disposed of, or otherwise dealt with, by the Minister.

S. 114(5) substituted by No. 82/2000 s. 67.

    (5)     Any money received by the Minister on the sale of property under subsection (4) must—

        (a)     if the cost of taking action under section 83(1) in relation to any land covered by the licence exceeds the amount of the bond or bonds, be applied towards covering that cost;

        (b)     in any other case, be paid into the Consolidated Fund.

S. 114(6) inserted by No. 82/2000 s. 67.

    (6)     If subsection (5)(a) applies and money remains after the cost referred to in that subsection has been covered, that remaining money must be paid into the Consolidated Fund.

S. 114(7) inserted by No. 82/2000 s. 67.

    (7)     Nothing in this section applies to any plant that is on any land owned by the licensee or former licensee.



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