Victorian Numbered Acts Victorian Numbered ActsAfter section 26 of the Principal Act insert —
In this Division, "exempted land" means land—
(a) that has been exempted under section 7 from being subject to an exploration licence or a mining licence or both; and
(b) that is not subject to an exemption under section 6.
An application for a licence under this Division may only be made in respect of exempted land.
A person may apply for a licence under this Subdivision only if the Minister is satisfied that—
(a) the person was a successful tenderer under a prior competitive process equivalent to the tender process under section 27; and
(b) in order to implement the requirements of the tender, the person requires access to coal.
(1) A person may apply to the Minister in accordance with the regulations for a licence to carry out the exploration or mining of coal on exempted land.
(2) Sections 15(1C), 15(2), 15(6), 15(7) and 15(8) apply to an application under this Subdivision as if the application were made under Division 2.
(3) If the Minister accepts an application, he or she must notify the applicant in writing that the application has been accepted.
(4) An applicant for a licence must, within 14 days after being notified under sub-section (3) that the application has been accepted—
(a) advertise the application in accordance with the regulations; and
(b) if the application is for a mining licence, give notice of it in accordance with the regulations to the owner and occupier of the land affected.
(5) The Minister must, as soon as practicable after an applicant for a licence covering unrestricted Crown land is notified under sub-section (3) that the application has been accepted, consult with the Crown land Minister in relation to the carrying out of work on that land and the Crown land Minister may recommend to the Minister conditions to which the licence should be made subject.
(6) Until regulations are made for the purposes of sub-sections (1) and (4), the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications).
(1) Sections 17, 19 and 24 apply to an application under this Subdivision as if the application were made under Division 2.
(2) The Department Head must, within 14 days after an applicant for a licence is notified under section 26AD(3) that the application has been accepted, give notice of the application to the persons and bodies referred to in section 18.
(1) The Minister must not grant a licence over land—
(a) that is exempted under section 6 of this Act or under any other Act from being subject to—
(i) an exploration licence, if the application is for an exploration licence; or
(ii) a mining licence, if the application is for a mining licence; or
(b) that is subject to a current minerals exemption; or
(c) that is limited to a particular stratum unless the Minister is satisfied that the applicant can obtain reasonable access to and use of the land.
(2) Otherwise, the Minister may grant or refuse a licence after considering any objections made under section 24 as applied by section 26AE.
(3) Sections 25(3), 25(4) and 25(7) apply to the granting of a licence under this Subdivision as if the decision to grant or refuse to grant the licence were made under Division 2.
(4) Sections 26(1), 26(2), 26(4), 26(4A) and 26(8) apply to a licence granted under this Subdivision as if the licence were granted under Division 2.
On the granting of a licence under this Subdivision the exemption to which the area of land covered by the licence is subject under section 7(1) is revoked to the extent that it relates to that land.
The Minister must cause a notice to be published in the Government Gazette—
(a) stating that a licence under this Subdivision has been granted; and
(b) describing the area of land covered by the licence; and
(c) stating that the exemption relating to the area of land covered by the licence is revoked to the extent that it relates to that land.
(1) On the granting of a licence under this Subdivision, this Act (except Divisions 2 and 5 of this Part) applies to the licence as if it were granted by the Minister under Division 2.
(2) Without limiting sub-section (1), the following things may be done under this Part in relation to the licence—
(a) the licence may be renewed, transferred, varied, surrendered, cancelled or amalgamated with another licence;
(b) a condition of the licence may be varied, suspended, revoked or added;
(c) the area of land covered by the licence may be excised, transferred or cancelled in part.
(1) A person may apply in accordance with the regulations for the Governor in Council to grant a licence to carry out the exploration or mining of coal on exempted land on the basis that the application is of State interest.
(2) The application must be made to the Minister and be accompanied by evidence setting out the grounds for the application to be considered as one of State interest.
(3) An application for a licence is ineffective, and must not be accepted by the Minister unless it is made in accordance with the regulations and sub-section (2).
(4) Sections 15(2), 15(6), 15(7) and 15(8) apply to an application under this Subdivision as if the application were made under Division 2.
(1) If the Minister is not satisfied that the application is of State interest he or she must notify the applicant in writing of that fact setting out the reasons for not being so satisfied.
(2) If the Minister is satisfied that the application is of State interest, he or she must notify the applicant in writing that the application is of State interest.
(3) An applicant for a licence must, within 14 days after being notified under sub-section (2) that the application is of State interest—
(a) advertise the application in accordance with the regulations; and
(b) if the application is for a mining licence, give notice of it in accordance with the regulations to the owner and occupier of the land affected.
(4) The Minister must, as soon as practicable after an applicant for a licence covering unrestricted Crown land is notified under sub-section (2) that the application is of State interest, consult with the Crown land Minister in relation to the carrying out of work on that land and the Crown land Minister may recommend to the Minister conditions to which the licence should be made subject.
(5) Until regulations are made for the purposes of section 26AJ(1) and sub-section (3), the relevant regulations relating to applications for licences under Division 2 will apply (with any necessary modifications).
(1) Sections 17, 19 and 24 apply to an application under this Subdivision as if the application were made under Division 2.
(2) The Department Head must, within 14 days after an applicant for a licence is notified under section 26AK(2) that the application is of State interest, give notice of the application to the persons and bodies referred to in section 18.
(1) The Governor in Council must not grant a licence over land—
(a) that is exempted under section 6 of this Act or under any other Act from being subject to—
(i) an exploration licence, if the application is for an exploration licence; or
(ii) a mining licence, if the application is for a mining licence; or
(b) that is subject to a current minerals exemption; or
(c) that is limited to a particular stratum unless the Governor in Council, on the recommendation of the Minister, is satisfied that the applicant can obtain reasonable access to and use of the land.
(2) Otherwise, the Governor in Council on the recommendation of the Minister may—
(a) grant a licence under this section to an applicant to carry out the exploration or mining of coal on exempted land; or
(b) refuse to grant that licence.
(3) The Minister must not make a recommendation under sub-section (2) unless the Minister has first considered any objections made under section 24 as applied by section 26AL(1).
(4) Sections 25(3), 25(4) and 25(7) apply to the
granting or refusal of the granting of a licence under this Subdivision as
if—
s. 12
(a) the decision to grant or refuse to grant the licence were made under Division 2; and
(b) any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister.
(5) Sections 26(1), 26(2), 26(4), 26(4A) and 26(8) apply to a licence granted under this Subdivision as if—
(a) the licence were granted under Division 2; and
(b) any reference to the Minister were a reference to the Governor in Council on the recommendation of the Minister.
If the Governor in Council, on the recommendation of the Minister, refuses to grant a licence under this Subdivision, the Minister must publish a notice setting out the reasons for the refusal in—
(a) the Government Gazette; and
(b) a newspaper circulating generally throughout the State.
On the granting of a licence under this Subdivision the exemption to which the area of land covered by the licence is subject under section 7(1) is revoked to the extent that it relates to that land.
(1) The Minister must cause a notice to be published in the Government Gazette—
(a) stating that a licence under this Subdivision has been granted; and
(b) stating the reasons for granting the licence; and
(c) describing the area of land covered by the licence; and
(d) stating that the exemption relating to the area of land covered by the licence is revoked to the extent that it relates to that land.
(2) The Minister must also cause a notice setting out the reasons for granting the licence to be published in a newspaper circulating generally throughout the State.
(1) On the granting of a licence under this Subdivision, this Act (except Divisions 2 and 5 of this Part) applies to the licence as if it were granted by the Minister under Division 2.
(2) Without limiting sub-section (1), the following things may be done under this Part in relation to the licence—
(a) the licence may be renewed, transferred, varied, surrendered, cancelled or amalgamated with another licence;
(b) a condition of the licence may be varied, suspended, revoked or added;
(c) the area of land covered by the licence may be excised, transferred or cancelled in part.'.