Energy Resources Act 2000
Part 13Registrable dealings
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Part 13—Registrable dealings Division 1—Registrable dealings 112—Registrable dealings The following are registrable dealings: (a) any transaction under which the interest conferred by a licence is mortgaged, charged, or made the security for a liability; (b) a joint venture agreement, farm in agreement, joint operating agreement or other transaction under which a person acquires, or may acquire, an interest in— (i) resources discovered, utilised or recovered under an exploration, retention or production licence; or (ii) the proceeds of any business conducted under a licence; (c) the transfer or assignment of a licence or an interest in a licence. 113—Requirement for approval and registration of registrable dealings (1) A registrable dealing cannot take effect unless the Minister has approved and registered the dealing. (2) However, the terms of a registrable dealing may provide that, on approval by the Minister, it takes effect retrospectively from a specified date. 114—Application for approval (1) A party to a registrable dealing may apply to the Minister for approval and registration of the dealing. (2) An application for approval and registration of a registrable dealing— (a) must be made in writing to the Minister; and (b) must be accompanied by a copy of the instrument effecting the dealing; and (c) must be accompanied by the information and materials required under the regulations; and (d) must be accompanied by the prescribed fee. (3) On approving a registrable dealing, the Minister must register the dealing in the appropriate register. Division 2—The public register 115—Public register (1) The Minister must maintain a public register of licences. (2) The register must contain— (a) the terms and conditions of each licence issued under this Act; and (b) the name of the licensee; and (c) an accurate description of the licence area or in the case of a pipeline licence the route of the pipeline; and (d) a note of any registrable dealing affecting the licence; and (e) any other information (other than commercially sensitive information) the Minister considers appropriate to the public register. (3) The public register may be kept in the form of a computer record. 116—Public register to be available for inspection (1) The public register is to be available for inspection, without fee, during ordinary office hours at a public office, or public offices, determined by the Minister. (2) The Minister must ensure that copies of material on the public register can be purchased for a reasonable fee at the public office, or public offices, at which the register is kept available for inspection. (3) The Minister must ensure that the public register can be inspected at the department's website (but is not required to have available for inspection on the website material that was included in the register before the commencement of this Act unless the Minister has the material in the form of electronic data). Division 3—The commercial register 117—Commercial register (1) The Minister must maintain a commercial register. (2) The commercial register must contain, in relation to each licence— (a) a copy of each document, related to the licence, effecting or recording the terms of a registrable dealing; and (b) other information the Minister considers appropriate to the commercial register. (3) The commercial register may be kept in the form of a computer record. 118—Authority to search register (1) A person is entitled to have access to the material included in the commercial register, on payment of the prescribed inspection fee, if the access is authorised by— (a) a person who has a legal or equitable interest in the relevant licence or registered dealing; or (b) the Minister. (2) The Minister must not authorise access under subsection (1)(b) unless the Minister has consulted with the licensee to whom the material relates and is satisfied that access should be authorised in the public interest.