Victorian Current Acts

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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 112

Surveys, searches and drilling operations

S. 112(1) substituted by No. 82/2000 s. 66(1), amended by No. 68/2014 s. 58(2)(a).

    (1)     The Minister may authorise in writing any person to enter, or fly over, any land for the purpose of making a land, mining, geological survey or searching for stone on behalf of the Department.

S. 112(2) amended by No. 82/2000 s. 66(2).

    (2)     The Minister may authorise in writing any person to enter any land for the purpose of the carrying out by the Department of any drilling operations for minerals.

    (3)     A person authorised to enter land under subsection (1) or (2)—

S. 112(3)(a) amended by Nos 82/2000 s. 66(2), 68/2014 s. 58(2)(b).

        (a)     may do any thing on the land that is necessary for the purposes of the survey, search or drilling operations; and

        (b)     must cause as little harm and inconvenience and do as little damage as possible to the land and anything on or growing on the land; and

        (c)     must remain on the land only for so long as is reasonably necessary; and

S. 112(3)(d) amended by Nos 82/2000 s. 66(2), 68/2014 s. 58(2)(b).

        (d)     must remove from the land on completion of the survey, search or drilling operations all plant, machinery, equipment, goods or buildings brought onto, or erected on, the land other than any of those things that the owner or occupier agrees may be left on the land; and

S. 112(3)(e) amended by Nos 82/2000 s. 66(2), 68/2014 s. 58(2)(b).

        (e)     must leave the land, as nearly as possible, in the condition in which it was immediately before the commencement of the survey, search or drilling operations; and

        (f)     must use the person's best endeavours to co‑operate with the owner and occupier.

S. 112(4) substituted by No. 82/2000 s. 66(3).

    (4)     Part 8 applies to any drilling operation under subsection (2)—

        (a)     as if a reference in that Part to a licensee was a reference to the Department; and

        (b)     as if a reference in that Part to the approval of the work plan or the doing of work under the licence was a reference to the carrying out of the drilling operation.

    (5)     Compensation is not payable for any loss or damage arising from the making of a survey under subsection (1).

S. 112A inserted by No. 59/2010 s. 28.



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