QLDIn ForceAct
Mineral and Energy Resources (Common Provisions) Act 2014
sec.19BNotice to chief executive to register notifiable dealing
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### sec.19B Notice to chief executive to register notifiable dealing
The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration—
the affected resource authority holder;
any other entity with the affected resource authority holder’s consent.
However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following—
who may or must give notice to the chief executive;
the period within which the notice must be given.
the transfer of an interest in a resource authority because of the death of the resource authority holder
The notice must be—
in the approved form; and
accompanied by the fee prescribed by regulation.
The chief executive must register the notifiable dealing as soon as possible after the notice is given.
Subsection (6) applies if the notifiable dealing is—
a transmission by death of a resource authority or a share in a resource authority; or
a transfer of a resource authority or a share in a resource authority by operation of law.
The chief executive may register the notifiable dealing only if the proposed transferee is—
an eligible person; and
for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act .
To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21 .
In this section—
affected resource authority holder means—
for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or
for a notifiable dealing affecting a share in a resource authority—the holder of the share.
s 19B ins 2020 No. 14 s 62
(sec.19B-ssec.1) The ordinary rule is that the following entities may give notice to the chief executive of a notifiable dealing to enable its registration— the affected resource authority holder; any other entity with the affected resource authority holder’s consent.
(sec.19B-ssec.2) However, if a notifiable dealing is required to be executed because of the operation of a law, a regulation may change the ordinary rule by prescribing the following— who may or must give notice to the chief executive; the period within which the notice must be given. the transfer of an interest in a resource authority because of the death of the resource authority holder
(sec.19B-ssec.3) The notice must be— in the approved form; and accompanied by the fee prescribed by regulation.
(sec.19B-ssec.4) The chief executive must register the notifiable dealing as soon as possible after the notice is given.
(sec.19B-ssec.5) Subsection (6) applies if the notifiable dealing is— a transmission by death of a resource authority or a share in a resource authority; or a transfer of a resource authority or a share in a resource authority by operation of law.
(sec.19B-ssec.6) The chief executive may register the notifiable dealing only if the proposed transferee is— an eligible person; and for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act .
(sec.19B-ssec.7) To remove any doubt, it is declared that registration under subsection (4) or (6) is subject to sections 20 and 21 .
(sec.19B-ssec.8) In this section— affected resource authority holder means— for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or for a notifiable dealing affecting a share in a resource authority—the holder of the share.
- (a) the affected resource authority holder;
- (b) any other entity with the affected resource authority holder’s consent.
- (a) who may or must give notice to the chief executive;
- (b) the period within which the notice must be given.
- (a) in the approved form; and
- (b) accompanied by the fee prescribed by regulation.
- (a) a transmission by death of a resource authority or a share in a resource authority; or
- (b) a transfer of a resource authority or a share in a resource authority by operation of law.
- (a) an eligible person; and
- (b) for a resource authority other than a small scale mining tenure within the meaning of the Environmental Protection Act —a registered suitable operator under the Environmental Protection Act .
- (a) for a notifiable dealing affecting the whole of a resource authority—the holder of the resource authority; or
- (b) for a notifiable dealing affecting a share in a resource authority—the holder of the share.