Mining Licence on Agricultural Land - Statement of Economic Significance
A Mining Licence holder who proposes to carry out work on agricultural land not owned by the licensee must prepare a statement of economic significance of the work.
The statement must refer to each separately owned or occupied property that comprises the agricultural land and be given to the owners and occupiers on the same day the licensee lodges the work plan with the Department or within 6 months of licence grant (whichever is earlier).
The owners or occupiers of the agricultural land may apply to the Minister responsible for the Mineral Resources (Sustainable Development) Act 1990 to excise the land from the mining licence.
The following text is extracted from the Mineral Resources (Sustainable Development) Act 1990. The text is for information purposes only and is not the official or authorised version.
Mineral Resources (Sustainable Development) Act 1990
4. Definitions Extract
"agricultural land" means private land that is used primarily for -
(a) cultivation for the purpose of selling the produce of the cultivation; or
(b) keeping animals or poultry for the purpose of selling them or produce derived from them; or
(c) keeping bees for the purpose of selling their honey; or
(d) commercial fishing; or
(e) the cultivation or propagation for sale of plants;
"26A. Statement of economic significance if agricultural land covered by licence
(1) This section applies if a licensee holding a mining licence that covers agricultural land that is not owned by the licensee proposes to carry out work on that land.
(2) The licensee must prepare a statement of the economic significance of the work -
(a) that contains an assessment of the benefits to Victoria of the proposed work, including employment and revenue considerations; and
(b) that contains an assessment of those benefits if it was not possible to do the work on the agricultural land.
(3) The assessment required by sub-section (2)(b) must be made with respect to each separately owned or occupied property that comprises the agricultural land.
(4) The licensee must give the statement of economic significance to the owners and occupiers of the agricultural land -
(a) if the proposed work forms part of the work proposed to be carried out under the licensee's initial work plan, no later than -
(i) 6 months after the date the licensee was notified that the licence had been granted; or
(ii) the date the licensee lodges the work plan under section 40(1) -
whichever is the earlier;
(b) in any other case, no later than the date the licensee lodges the relevant variation of the work plan under section 41.
26B. Excision of agricultural land from a licence
(1) On the application of an owner or occupier of agricultural land, the Minister must excise the land from the area covered by a mining licence if -
(a) the licensee consents to the excision; or
(b) the Minister decides, in accordance with section 26D, that there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence.
(2) An application for excision must be made to the Minister in writing within 30 days after the owner or occupier receives a copy of the statement of economic significance provided in relation to the land.
(3) The application must include -
(a) an assessment of the benefits to Victoria in continuing the use of the land as agricultural land; and
(b) if the owner disputes anything contained in the statement of economic significance, details of the matters the owner disputes, including the reasons why the owner disputes those matters.
(4) The owner must also give a copy of the application to the licensee within the 30 days referred to in sub-section (2).
26C. Notice of excision dispute
(1) If the licensee wishes to dispute an application for excision, the licensee must give a notice of dispute to -
(a) the Minister; and
(b) the person applying for the excision; and
(c) the President of the Australian Property Institute -
within 30 days after receiving the copy of the application.
(2) The notice of dispute must include details of the matters in the application that the licensee disputes, including the reasons why the licensee disputes those matters.
(3) The licensee is deemed to consent to the excision of the land that is the subject of the application if the licensee does not give a notice of dispute to the people specified in sub-section (1) within the time required by that sub-section.
26D. Resolution of excision disputes
(1) As soon as possible after receiving notice of a dispute under section 26C, the President of the Australian Property Institute must appoint a person who is appropriately qualified, in the President's opinion, to act as an independent expert to consider the application.
(2) The independent expert must consider the application, the statement of economic significance, the notice of dispute and any other material submitted to the expert within any time specified by the expert.
(3) Within 60 days after her or his appointment, the independent expert must make a recommendation to the Minister, supported by reasons, in relation to the dispute.
(4) The Minister must consider the recommendation and decide whether there would be greater economic benefit to Victoria in continuing the use of the land as agricultural land than in carrying out the work proposed to be carried out on that land under the licence.
(5) The President of the Australian Property Institute, after considering the advice of the independent expert, may direct the licensee or the person who applied for the excision to pay the whole or any part of the reasonable fees and expenses of the independent expert.
(6) A direction under sub-section (5) creates a debt due to the independent expert.
26E. Offence to divulge details of a statement of economic significance
(1) A person who is given a copy of -
(a) a statement of economic significance prepared under section 26A; or
(b) an assessment prepared under section 26B -
must not divulge or communicate to any person (other than a professional advisor retained by the person) or publish any information contained in the statement or assessment unless the divulgence, communication or publication is made with the written consent of the person on whose behalf the statement or assessment was prepared.
Penalty: 100 penalty units.
(2) A professional advisor to whom any information is divulged or communicated under sub-section (1) must not divulge or communicate that information to any other person, or publish it.
Penalty: 100 penalty units"
