Victorian Numbered Acts

RESOURCES INDUSTRY LEGISLATION AMENDMENT ACT 2009 (NO. 6 OF 2009) - SECT 12

After section 11 of the Principal Act insert —

        " 11A     Ownership of stone

    (1)     All stone which is on or below the surface of any private land, despite any reservation in the Crown grant or in any Crown lease of the land, is not the property of the Crown but is the property of the owner of the land.

    (2)     A person who—

        (a)     holds an extractive industry work authority; or

        (b)     applies for an extractive industry work authority—

in respect of any stratum of private land immediately below which there is unalienated Crown land and who proposes to carry out an extractive industry on that unalienated Crown land is to be regarded as the owner of that Crown land for the purpose of obtaining a work authority for the carrying out of that extractive industry.

    (3)     Despite subsection (2), the stone in any Crown land to which that subsection applies remains the property of the Crown and that person must pay royalties for the stone extracted or removed from the land and the extractive industry work authority may provide for the determination and payment of royalties accordingly.".