Victorian Current Acts

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Excision of agricultural land from a licence

S. 26B(1) amended by No. 64/2012 s. 26.

    (1)     On the application of an owner or occupier of agricultural land, the Minister must excise the land from the area covered by a mining licence or prospecting licence if—

        (a)     the licensee consents to the excision; or

        (b)     the Minister decides, in accordance with section 26D, that there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence.

    (2)     An application for excision must be made to the Minister in writing within 30 days after the owner or occupier receives a copy of the statement of economic significance provided in relation to the land.

    (3)     The application must include—

        (a)     an assessment of the benefits to Victoria in continuing the use of the land as agricultural land; and

        (b)     if the owner disputes anything contained in the statement of economic significance, details of the matters the owner disputes, including the reasons why the owner disputes those matters.

    (4)     The owner must also give a copy of the application to the licensee within the 30 days referred to in subsection (2).

S. 26C
inserted by No. 82/2000 s. 22.

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