Victorian Current Acts

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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 33A

Transfer of land from one mining licence to another

    (1)     The holder of a mining licence may transfer an area of land covered by the holder's licence to the holder of another mining licence.

    (2)     Such a transfer may only be made—

        (a)     with the approval of the Minister; and

        (b)     in the manner and form specified by the Minister; and

        (c)     if the land to be transferred adjoins the land covered by the licence to which the land is to be transferred; and

        (d)     if the conditions applying to, and the remaining currency of, the 2 licences are substantially the same; and

        (e)     if the Minister is satisfied that adequate arrangements have been made to continue or replace any rehabilitation bond that applies to the land.

    (3)     The Minister must not approve a transfer under this section unless the Minister is satisfied that the transfer is necessary to ensure that work can be undertaken on the land.

    (4)     A transfer has no effect until evidence of the transfer and the Minister's approval is registered.

    (5)     The holder of the licence to which land has been transferred must give written notice of the transfer to the owners of the land.

    (6)     On a transfer taking effect—

        (a)     any licence conditions that applied to the transferred land cease to apply; and

        (b)     the transferred land is subject to the licence conditions that apply to the licence to which the land has been transferred; and

        (c)     the transferred land becomes part of the land covered by that licence.

S. 33B
inserted by No. 82/2000 s. 28.



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