Victorian Current Acts Victorian Current Acts(1) The Minister may grant a licence over an area that is smaller than the area in respect of which the application is made.
(2) The Minister may impose conditions to which a licence is subject, including but not limited to conditions about—
(a) rehabilitation of the land;
S. 26(2)(b) substituted by No. 47/2015 s. 7(1).
(b) elimination and minimisation of the risks that the work may pose to the environment, to any member of the public, or to land, property or infrastructure in the vicinity of the work;
(c) protection of groundwater;
S. 26(2)(d) repealed by No. 82/2000 s. 21(1), new s. 26(2)(d) inserted by No. 63/2006 s. 11(2)(a).
(d) providing and implementing environmental offsets on the land or any other land;
S. 26(2)(da) inserted by No. 59/2010 s. 13(1).
(da) work undertaken under a
licence;
(e) expenditure;
(f) reporting the discovery of minerals;
(g) entering into a rehabilitation bond;
(h) payment of fees;
S. 26(2)(ha) inserted by No. 82/2000 s. 21(2).
(ha) payment of an environmental
levy;
S. 26(2)(i) substituted by No. 89/2005 s. 5.
(i) payment of
royalties, other than royalties in respect of lignite;
S. 26(2)(j) substituted by No. 86/1993 s. 12(1), amended by No. 63/2006 s. 11(2)(b).
(j) access to and use of the land by
the holder of another licence that is limited to a particular stratum;
S. 26(2)(k) repealed by No. 86/1993 s. 12(1), new s. 26(2)(k) inserted by No. 63/2006 s. 11(2)(c).
(k) protection of community facilities.
S. 26(2A) inserted by No. 10/2014 s. 9.
(2A) If, because of section 40(2)(b) or (c), a person holding a mining or prospecting licence is not required to lodge a work plan, the Minister may impose a condition requiring compliance with a Code of Practice on that mining licence or prospecting licence.
S. 26(3) substituted by No. 82/2000 s. 21(3).
(3) The Minister must impose, as conditions to which a licence is subject, any conditions subject to which consent to the application for the licence was obtained under section 15(9).
S. 26(3A) inserted by No. 82/2000 s. 21(3).
(3A) If the Minister has granted a waiver under section 25A, the Minister may impose, as conditions to which the licence is subject, any conditions relating to specified depth restrictions that were recommended under section 25A(8) with respect to the granting of the licence.
S. 26(4) amended by Nos 86/1993 s. 12(2), 82/2000 s. 21(4), 59/2010 s. 14.
(4) It is a condition of a licence that the licensee pays rent from the date of registration of the grant of the licence, in accordance with the rate or method of assessment and at the times prescribed.
S. 26(4AA) inserted by No. 47/2015 s. 7(2).
(4AA) Following consultation with the licensee, the Minister may by notice in writing require, as a condition to which a licence is subject, that the licensee—
(a) submit to the Minister a report on work undertaken under the licence; and
(b) publish that report.
S. 26(4AB) inserted by No. 47/2015 s. 7(2).
(4AB) A notice under subsection (4AA) must specify—
(a) the work undertaken under the licence on which the licensee must report; and
(b) the manner in which the licensee must submit the report to the Minister; and
(c) the manner in which the licensee must publish the report; and
(d) the dates by which the report must be submitted and published.
S. 26(4A) inserted by No. 82/2000 s. 21(5), amended by No. 68/2014 s. 24.
(4A) It is a condition of a licence that, in providing a document to the Minister under section 116, the licensee must give the Crown a licence to reproduce the document and any information in the document.
S. 26(5)(6) repealed by No. 82/2000 s. 21(1).
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S. 26(7) substituted by No. 52/1998
s. 311(Sch. 1 item 64.2), repealed by No. 82/2000 s. 21(1).
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S. 26(7) inserted by 68/2014 s. 26.
(7) It is a condition of a licence that the licensee comply with any conditions specified in a land use activity agreement under section 31(3) or 31(3A) of the Traditional Owner Settlement Act 2010 that were accepted by the applicant for the licence.
(8) A licence has no effect until registered.
S. 26(9) inserted by No. 63/2006 s. 11(3).
(9) On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, covered by an exploration licence ceases to be covered by that exploration licence.
S. 26(10) inserted by No. 59/2010 s. 13(2).
(10) On the registration of the grant of a mining licence, any land covered by that licence that was, immediately before the registration, covered by a prospecting licence or retention licence ceases to be covered by that prospecting licence or retention licence.
S. 26(11) inserted by No. 59/2010 s. 13(2).
(11) On the registration of the grant of a retention licence, any land covered by that licence that was, immediately before the registration, covered by an exploration licence or prospecting licence ceases to be covered by that exploration licence or prospecting licence.
S. 26AAA inserted by No. 10/2014 s. 10.