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Mineral and Energy Resources (Common Provisions) Act 2014
sec.26Effect of lodging caveat
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### sec.26 Effect of lodging caveat
This section applies if a caveat is lodged over the resource authority or the application for a mining lease under this part.
From the date and time of lodgement of the caveat until the caveat lapses or is withdrawn or removed, the caveat prevents the following—
the registration of a dealing in relation to the resource authority;
the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application.
However—
the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and
if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority.
The caveat does not create an interest in the resource authority or the application.
For this section, the date and time of lodgement of the caveat is the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement.
s 26 sub 2024 No. 33 s 73
(sec.26-ssec.1) This section applies if a caveat is lodged over the resource authority or the application for a mining lease under this part.
(sec.26-ssec.2) From the date and time of lodgement of the caveat until the caveat lapses or is withdrawn or removed, the caveat prevents the following— the registration of a dealing in relation to the resource authority; the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application.
(sec.26-ssec.3) However— the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority.
(sec.26-ssec.4) The caveat does not create an interest in the resource authority or the application.
(sec.26-ssec.5) For this section, the date and time of lodgement of the caveat is the date and time endorsed by the chief executive on the caveat as the caveat’s date and time of lodgement.
- (a) the registration of a dealing in relation to the resource authority;
- (b) the registration under the Mineral Resources Act of a transfer of the application or a transfer of an interest in the application.
- (a) the lodgement of the caveat does not prevent the registration of an instrument of a type prescribed by regulation; and
- (b) if the caveat is lodged over only a share in the resource authority, the lodgement of the caveat does not prevent the registration of a dealing in relation to other shares in the resource authority.