Victorian Current Acts Victorian Current ActsSchedule 5—Saving and transitional provisions arising from the Mineral Resources Development (Amendment) Act 2000
1 Definitions
In this Schedule—
"amending Act" means the Mineral Resources Development (Amendment) Act 2000 ;
"commencement date" means the date section 14 of the amending Act came into operation.
2 Saving of exploration licence applications based on former measurement system
If the Minister varies the meaning of a graticular section under section 7A—
(a) any application for an exploration licence that was lodged before the date the variation took effect is not invalid merely because it does not take account of the varied meaning of graticular sections; and
(b) the Minister may grant the application without modifying the area to which the licence is to apply to take account of the varied meaning.
3 "Queued" applications to lapse
(1) This clause applies if—
(a) an application for a licence was lodged—
(i) before the commencement date; and
(ii) one or more days after an application was lodged for a licence in respect of the same land; and
(b) that other prior application had not lapsed or been withdrawn, rejected or not accepted before the commencement date.
(2) The later application lapses.
4 Other applications
Subject to clauses 2 and 3, any application for a licence or the renewal of a licence that was lodged before the commencement date and that had not lapsed or been withdrawn, rejected or not accepted before that date is to be treated as if it had been lodged on the commencement date.
5 Exploration licences held for less than 5 years
(1) This clause applies to an exploration licence that was first registered less than 5 years before the commencement date.
(2) The licence is to be treated as if it had been issued on the day it was first registered for a period of 5 years.
(3) Subsection (2) is not to be read as enabling the recovery of any area that no longer applies to the licence as a result of section 30 (before its repeal).
6 Exploration licences held for 5 years or more
(1) This clause applies to an exploration licence that was first registered 5 years or more before the commencement date.
(2) The licence may be renewed on the expiry of the term specified in the licence.
7 Exploration licences not affected
Subject to clauses 5 and 6, any exploration licence in force on the commencement date continues in force.
8 Mining licences not affected
Any mining licence in force on the commencement date continues in force.
9 Right to reproduce section 116 document imposed as a condition
(1) This clause applies to any mining licence in force immediately before the commencement date.
(2) It is a condition of the 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.
Sch. 6 inserted by No. 71/2001 s. 6.