sec.15Instruments not prevented from being registered— Act , s 26

sec.15 Instruments not prevented from being registered— Act , s 26

For section 26 (3) (a) of the Act , lodgement of a caveat does not prevent registration of the following— an instrument stated in the caveat as an instrument to which the caveat does not apply; an instrument to the registration of which the caveator consents in the approved form; an instrument executed by a mortgagee whose interest was registered before lodgement of the caveat if— the mortgagee has power under the mortgage to execute the instrument; and the caveator claims an interest in the resource authority as security for the payment of money or money’s worth; an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat; another instrument that, if registered, will not affect the interest claimed by the caveator. Subsection (3) applies if a person lodges a caveat over a resource authority and any of the following apply— an application under section 23 (2) of the Act for an indicative approval of a proposed prescribed dealing with the resource authority has been made; an indicative approval of a proposed prescribed dealing with the resource authority has been given under section 23 (5) of the Act ; an application under section 19 (1) of the Act for registration of a prescribed dealing that is an assessable transfer has been made; an application under section 19 (1) of the Act for registration of a prescribed dealing mentioned in section 4 (1) (a) , (b) or (c) has been made; a notice under section 19B of the Act to enable registration of a notifiable dealing has been given. For section 26 (3) (a) of the Act , lodgement of the caveat does not prevent registration of the following— for subsection (2) (a) or (b) —the proposed prescribed dealing; for subsection (2) (c) or (d) —the prescribed dealing; for subsection (2) (e) —the notifiable dealing. s 15 amd 2020 Act No. 14 s 91 ; 2025 SL No. 48 s 14 sch 1 (sec.15-ssec.1) For section 26 (3) (a) of the Act , lodgement of a caveat does not prevent registration of the following— an instrument stated in the caveat as an instrument to which the caveat does not apply; an instrument to the registration of which the caveator consents in the approved form; an instrument executed by a mortgagee whose interest was registered before lodgement of the caveat if— the mortgagee has power under the mortgage to execute the instrument; and the caveator claims an interest in the resource authority as security for the payment of money or money’s worth; an instrument of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat; another instrument that, if registered, will not affect the interest claimed by the caveator. (sec.15-ssec.2) Subsection (3) applies if a person lodges a caveat over a resource authority and any of the following apply— an application under section 23 (2) of the Act for an indicative approval of a proposed prescribed dealing with the resource authority has been made; an indicative approval of a proposed prescribed dealing with the resource authority has been given under section 23 (5) of the Act ; an application under section 19 (1) of the Act for registration of a prescribed dealing that is an assessable transfer has been made; an application under section 19 (1) of the Act for registration of a prescribed dealing mentioned in section 4 (1) (a) , (b) or (c) has been made; a notice under section 19B of the Act to enable registration of a notifiable dealing has been given. (sec.15-ssec.3) For section 26 (3) (a) of the Act , lodgement of the caveat does not prevent registration of the following— for subsection (2) (a) or (b) —the proposed prescribed dealing; for subsection (2) (c) or (d) —the prescribed dealing; for subsection (2) (e) —the notifiable dealing.