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Mineral Titles Act 2010
173Action relating to removal of equipment
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173 Action relating to removal of equipment
(1) This section applies if a person who previously held a mineral title
has not complied with the condition in section 99, requiring the
removal of plant, machinery and other equipment (each of which is
relevant equipment).
(2) The Minister may serve a notice on the person requiring the person
to give the Minister reasons, within a specified time of not less than
14 days after the day of service, why the relevant equipment should
not be sold or removed.
(3) If the person does not give the Minister a notice within the time
specified under subsection (2), or the Minister is not satisfied with
the reasons given by the person, the Minister may:
(a) give notice, in a newspaper circulating in the area in which the
relevant equipment is located, of the sale of the equipment by
public auction to be held on a specified date (which must be at
least 7 days after the date of publication of the notice); and
(b) hold the auction as notified.
(4) The purchaser of relevant equipment acquires good title to it and
has the right to enter onto the land on which it is located and
remove the equipment.
(5) Any of the relevant equipment not sold at auction becomes the
property of the Territory.
Mineral Titles Act 2010 88
(6) The Minister must pay to the person who previously held the
mineral title the money remaining from the sale of relevant
equipment after the Minister has deducted amounts to pay:
(a) the expenses incurred by the Territory in holding the auction;
and
(b) any debts owed by the person to the Territory or any other
person under this Act.
(7) This section does not limit the operation of section 172 in relation to
the former title area of the mineral title.