5Act to bind the Crown

5 Act to bind the Crown (1) This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. (2) Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence. S. 5AA inserted by No. 6/2009 s. 8. 5AA Application of this Act (1) The provisions of this Act do not apply to or with respect to any extractive industry exempted by notice published in the Government Gazette by the Minister from compliance with any of those provisions of this Act relating to extractive industries whether unconditionally or on specified conditions and either wholly or to such an extent as is specified. (2) Despite any contrary provision in any other Act administered by the Minister administering the **Conservation, Forests and Lands Act 1987** if there is provision under any of those Acts to issue or grant a lease, licence, permit or authority allowing for the search for stone or the carrying out of an extractive industry, a person is not required to obtain such a lease, licence, permit or authority if the person has complied with the provisions of this Act relating to extractive industries with respect to the searching for stone or the carrying out of the extractive industry. (3) Subsection (1) does not affect any lease, licence, permit or authority issued or granted under an Act administered by the Minister referred to in subsection (2). (4) The provisions of this Act relating to extractive industries do not apply to or with respect to the extraction or removal of stone from land that is a farm if the stone is intended in good faith only to be used on that farm for the purposes of a dam or other farm works and not for sale or any other commercial use. (5) The provisions of this Act relating to extractive industries do not apply to or with respect to the carrying out of any ***extractive activity*** within the meaning of the **Catchment and Land Protection Act 1994**. S. 5AB inserted by No. 6/2009 s. 8. 5AB Application of this Act to Alcoa land (1) For the purposes of the provisions of this Act relating to extractive industries, land in the leased area within the meaning of the definition of ***leased area*** in the agreement set out in the Schedule to the **Mines (Aluminium Agreement) Act 1961** is deemed to be private land of which Alcoa of Australia Proprietary Limited ACN 004 879 298 is the owner for any purpose other than the determination and payment of royalties to the Crown. (2) The Minister must not grant an extractive industry work authority over any part of the leased area referred to in subsection (1) without the consent of the Minister administering the **Conservation, Forests and Lands Act 1987**. S. 5ABA inserted by No. 53/2017 s. 15. 5ABA Leased area (1) To avoid doubt, in this Act and in any other Act, the land within the meaning of the definition of ***leased area*** in the Agreement set out in the **Mines (Aluminium Agreement) Act 1961** does not include any land that Alcoa of Australia Limited ACN 004 879 298 has surrendered its rights to under clause 10(8) of that Agreement. ***Agreement*** has the same meaning as ***The Agreement*** has in section 2(a) of the **Mines (Aluminium Agreement) Act 1961**. S. 5A inserted by No. 82/2000 s. 5. 5A Interaction of this Act with native title legislation (1) Any action taken under this Act must be taken in a way that is not inconsistent with the Native Title Act 1993 of the Commonwealth and the **Land Titles Validation Act 1994**. (2) Subject to subsection (1), it is declared that if native title exists over land, the land may still be dealt with under this Act. (3) In this section, ***action*** includes— S. 5A(3)(a) substituted by No. 6/2009 s. 7. (a) the granting of a licence under Part 2, permit, right or an authority under Part 5; (b) undertaking any exploration, searching or mining. S. 6 amended by No. 82/2000 s. 6(2) (ILA s. 39B(1)). 6 Land not available for exploration, mining and searching (1) The following land is exempted from being subject to a licence or other authority under this Act— (a) land that is a reference area under the **Reference Areas Act 1978**; (b) land that is a national park, wilderness park or State park under the **National Parks Act 1975**, unless the land is covered by— (i) a lease, licence, permit or authority under the **Mines Act 1958** that must, by virtue of this Act, be treated as a mining licence or an exploration licence (including such a lease, licence, permit or authority that is renewed under this Act); or (ii) a licence under this Act granted before the declaration of the national park, wilderness park or State park (including such a licence that is renewed after that declaration); or (iii) a mining licence that is granted over land that was, immediately before the granting of the mining licence, covered by an exploration licence that was granted before the declaration of the national park, wilderness park or State park (including such a mining licence that is renewed after that declaration); S. 6(1)(ba) inserted by No. 40/2002 s. 29. (ba) land that is a marine national park or a marine sanctuary under the **National Parks Act 1975**; S. 6(1)(c) substituted by Nos 82/2000 s. 6(1), 16/2006 s. 198(Sch. 2 item 5(2)). (c) land in respect of which an ongoing protection declaration is in force under the **Aboriginal Heritage Act 2006**; S. 6(1)(d) substituted by No. 82/2000 s. 6(1), repealed by No. 16/2006 s. 198(Sch. 2 item 5(2)). S. 6(1)(e) substituted by No. 64/2012 s. 13. (e) land that is— (i) under section 7 exempted from being subject to a licence; or (ii) by or under any other Act exempted from exploration or mining, or being subject to a licence; S. 6(1)(f) inserted by No. 64/2012 s. 13. (f) land that is by or under any other Act exempted from— (i) search for minerals or stone; or (ii) the carrying out of an extractive industry; or (iii) being subject to an authority under this Act. S. 6(2) inserted by No. 82/2000 s. 6(2). (2) Despite subsection (1)(b), any area of a park that is the subject of a notice under section 32D(1) of the **National Parks Act 1975** is not exempted from being subject to a miner's right or a tourist fossicking authority to the extent that any activity permitted under such a right or authority is consistent with an authorisation under section 32D(2)(b) of that Act in the area designated by the notice. S. 6(3) inserted by No. 50/2002 s. 20, amended by Nos 44/2016 s. 30, 53/2017 s. 16, 40/2020 s. 60. (3) Despite subsection (1), that part of the park described in Part 41 of Schedule Two to the **National Parks Act 1975** that is shown by hatching on the plans lodged in the Central Plan Office and numbered N.P. 105A/4 and N.P. 105B/4 is not exempt from being subject to a mining licence, to the extent of the entitlements set out in section 40(1D)(a) of that Act, or from being subject to an exploration licence. S. 6AA inserted by No. 6/2009 s. 9. 6AA Land not available for searching for stone The Crown land Minister must not give consent under section 77A to search for stone on the following land— (a) land that is a reference area under the **Reference Areas Act 1978**; (b) except as provided for in section 40 of the **National Parks Act 1975**, land that is a national park, wilderness park, State park, marine national park or marine sanctuary under the **National Parks Act 1975**; (c) land in respect of which an ongoing protection declaration is in force under the **Aboriginal Heritage Act 2006**. S. 6A inserted by No. 50/2002 s. 21.