Div 1Mining register

Division 1—Mining register 15AA—The register (1) The Mining Registrar will keep a register (the mining register). (2) The register will be a register of— (a) any mineral tenement granted under this Act; and (b) the terms and conditions of any mineral tenement granted under this Act; and (c) instruments of transfer with respect to any mineral tenement registered under this Act; and (d) any mortgage registered under Division 2; and (e) any caveat registered under Division 3; and (f) instruments, agreements, determinations and dealings required to be registered under any other provision of this Act; and (g) determinations and dealings required to be lodged with the Mining Registrar under any other provision of this Act (or which have effect on registration under this Act); and (h) the commencement and completion of proceedings before the Warden's Court under this Act; and (i) decisions, determinations and orders of the Warden's Court under this Act; and (j) anything registered under Division 4; and (k) any cancellation, suspension or surrender relating to a mineral tenement under this Act; and (l) any other interest, instrument, approval, agreement, determination, statement, notice, order, direction, bond, penalty or other document or dealing required to be registered by or under the regulations. (3) The register will also contain such information as the Mining Registrar thinks fit. (4) The register will be kept in such forms as the Mining Registrar thinks fit (including in an electronic form). (5) The Mining Registrar may establish requirements as to— (a) the form of any instrument or document that is to be registered on the register; and (b) the use of electronic files, including as to their formats; and (c) the provision and certification of any instrument, document or information, or as to any other matter; and (d) the recording, management, preservation, storage, archiving and (if appropriate) disposals of any instrument, document or material. (6) Without limiting any other provision, the Mining Registrar may amend the register— (a) in order to ensure that the register is kept up to date; or (b) in order to ensure that the register meets standards determined to be appropriate by the Mining Registrar. (7) The Mining Registrar may delay the registration of any instrument, document or dealing for such period as the Mining Registrar considers appropriate in a particular case. (8) The Registrar who is responsible for the Warden's Court registry must, after consultation with the Mining Registrar, ensure that there is a scheme in place to ensure that information relating to the proceedings, decisions, determinations and orders of the Warden's Court that are relevant to the operation of the register is provided to the Mining Registrar for the purposes of this section. (9) A tenement holder or other person who is required— (a) to serve a notice on the Mining Registrar; or (b) to provide or give a notice to the Mining Registrar; or (c) to provide or give an agreement to the Mining Registrar, must not fail to comply with that requirement— (d) in accordance with any relevant provision of this Act; or (e) in accordance with the regulations; or (f) to the extent that paragraph (d) or (e) does not apply—within a reasonable time. Maximum penalty: $5 000. (10) Subsection (9) does not apply to— (a) the Minister; or (b) the Registrar who is responsible for the Warden's Court registry; or (c) a person prescribed by the regulations for the purposes of this subsection. 15AB—Dealings with mineral tenements (1) This section does not apply to or in relation to an interest if the interest is not a legal or proprietary interest in a mineral tenement. (2) A mineral tenement, or an interest in a mineral tenement, must not be transferred, assigned, sublet or be held subject to a trust, whether directly or indirectly, without the consent of the Minister. (3) A dealing to which subsection (2) applies has no effect unless or until it is— (a) consented to by the Minister; and (b) registered on the register under this Part. (4) An application for the consent of the Minister under this section— (a) must be made in a manner and form determined by the Minister after consultation with the Mining Registrar; and (5) The Minister may, in connection with an application for consent, require the parties to furnish the Minister with any information specified by the Minister. (6) An application for the registration of an instrument giving effect to or recording a dealing under this section must be made in a manner and form determined by the Mining Registrar. Division 2—Mortgages 15AC—Mortgages (1) In this section— mortgage includes any form of charge. (2) A party to a mortgage over a mineral tenement may apply to the Mining Registrar to have the mortgage registered under this section. (3) An application for the registration of a mortgage— (a) must be made in a manner and form determined by the Mining Registrar; and (4) The Mining Registrar may, in connection with an application for registration, require the applicant to furnish the Mining Registrar with any information specified by the Mining Registrar. (5) A mortgage may be created with respect to a particular interest of a tenement holder in the mineral tenement (being an interest that may be constituted as a share in a mineral tenement (including a share expressed as a percentage), or an interest as a tenant in common, or any other interest recognised at law). (6) The registration of a mortgage under this Part— (a) does not give the mortgage (or the interest secured by the mortgage) priority over other interests; and (b) does not confer any additional status with respect to a power of enforcement. (7) However, if a mortgage is registered in relation to a mineral tenement with the consent of the tenement holder (or tenement holders), the Mining Registrar must not proceed to register a transfer of the mineral tenement, or an interest in the mineral tenement, under Division 1 after the registration of the mortgage unless— (a) the instrument giving effect to the transfer was received by the Mining Registrar before the registration of the mortgage; or (b) the transfer is expressed to be subject to the mortgage; or (c) the mortgagee (or mortgagees) consent to the registration of the transfer; or (d) the transfer is required by an order of a court or tribunal constituted by law; or (e) the mortgage is discharged before the registration of the transfer; or (f) the Mining Registrar is acting in any circumstance prescribed by the regulations. (8) Furthermore, if a mortgage is registered in relation to a mineral tenement with the consent of the tenement holder (or tenement holders), the mineral tenement may not be surrendered under this Act unless— (a) the mortgagee (or mortgagees) consent to the surrender; or (b) the mortgage is discharged before the surrender; or (c) the surrender is by operation of section 30AAA, 30A or 33B; or (d) the surrender is happening in any circumstance prescribed by the regulations. (9) A mortgage registered under this section may be discharged in accordance with procedures determined by the Mining Registrar. (10) A discharge under subsection (9) may only be made— (a) on application made by the mortgagee; or (b) on application made with the consent of the mortgagee. (11) The Mining Registrar must discharge, or partially discharge, a mortgage if the discharge is required by an order of a court or tribunal constituted by law. (12) An application for the discharge of a mortgage— (a) must be in a form determined by the Mining Registrar; and 15AD—Application to court to challenge aspects of mortgages (a) has an interest in a mineral tenement subject to a mortgage registered under this Division; or (b) has an interest that is directly affected by a mortgage registered under this Division, may apply to the appropriate court under this section. (2) An application may be made for 1 or more of the following: (a) a declaration that a registered mortgage is defective, invalid or unenforceable, on a ground specified in the application; (b) an order that a transfer of a mineral tenement, or of an interest in a mineral tenement, be registered despite the mortgage; (c) an order that a registered mortgage be discharged or partially discharged; (d) an order that the mortgagee (or purported mortgagee) pay compensation for any loss or damage suffered because of the registration of a mortgage under this Division, or an amount for or towards any such loss or damage. (3) Any compensation payable under an order under subsection (2)(d) may be recovered as if it were a debt due to the person in whose favour the order is made in a court of competent jurisdiction. (4) This section does not limit any other jurisdiction or power of a court. Division 3—Caveats 15AE—Caveats (1) A person (a caveator) who has, or who is claiming, an interest in a mineral tenement may apply to the Mining Registrar to have a caveat registered under this Division. (2) An application for the registration of a caveat must be in a form determined by the Mining Registrar. (3) A caveat under subsection (1) may— (a) forbid the registration of any transfer, mortgage or voluntary surrender affecting a specified interest in the mineral tenement (an absolute caveat); or (b) forbid the registration of any transfer, mortgage or voluntary surrender affecting the mineral tenement unless the transfer, mortgage or surrender (as the case may be) expressly states that it is to be subject to the interest claimed by the caveator (a claim caveat). (4) However, if a caveat is being registered without the express consent of the tenement holder for the mineral tenement to which the caveat relates— (a) if the caveator is a person who has entered into an agreement with, or is a party to an agreement with, the tenement holder— (i) the agreement must relate to— (A) the sale or transfer (or both) of the tenement holder's interest in the relevant mineral tenement; or (B) any other matter connected with the tenement holder's interest in the relevant mineral tenement; and (ii) the agreement must provide for the registration of a caveat under this Division; and (iii) a copy of the agreement must accompany the application under subsection (2); or (b) in any other case—the caveator must provide such information as the Mining Registrar may require regarding the nature of the interest. (5) A caveat may— (a) set out a date of expiry (if any); or (b) set out that the caveat will expire— (i) on a specified transfer or mortgage of an interest in the mineral tenement; or (ii) at the end of a specified period. (6) In connection with the preceding subsections, an application for the registration of a caveat— (a) must be accompanied by— (i) the prescribed fee; and (ii) such other documents or information as the Mining Registrar may require; and (b) if the caveat is being registered without the express consent of the tenement holder for the mineral tenement to which the caveat relates—must include a statutory declaration as to the truthfulness and accuracy of any matter specified by the caveator in the application. (7) The Mining Registrar does not have, on the receipt of an application to register a caveat, any duty to determine whether or not— (a) the caveat relates to a valid caveatable interest; or (b) a caveatable interest has been sufficiently described; or (c) there is sufficient evidence to support the caveat; or (d) any matter specified in the application is true and accurate. (8) The registration of a caveat does not warrant the validity of any interest claimed in the caveat. (9) On the registration of a caveat under this section, a notice of the registration of the caveat must be sent by the Mining Registrar to any tenement holder whose interests are affected by the caveat, other than where the tenement holder is also the caveator. (10) A caveat registered under this Division— (a) does not affect or prevent the renewal of a mineral tenement; and (b) does not lapse on the renewal of a mineral tenement (while the caveat is registered); and (c) does not affect or prevent any dealing with the mineral tenement (or any interest in the mineral tenement) that is required by an order of a court or tribunal constituted by law. (11) A caveat registered under this Division will lapse on— (a) any order of the Warden's Court providing for the lapsing of the caveat; or (b) the withdrawal of the caveat by the caveator; or (c) the expiry of the caveat as contemplated by subsection (5). (12) If— (a) a caveat is registered in respect of a mineral tenement; and (b) the caveat lapses, the caveator or any related body corporate may not apply to register a second or subsequent caveat relating to the same interest in the mineral tenement to which the original caveat related without the approval of the Warden's Court, or unless that second or subsequent caveat is being registered with the express consent of the tenement holder for the mineral tenement to which the caveat relates. 15AF—Application to Warden's Court to lapse caveat or obtain compensation (a) has an interest in a mineral tenement subject to a caveat registered under this Division; or (b) has an interest that is directly affected by a caveat registered under this Division, may apply to the Warden's Court under this section. (2) An application may be made for 1 or more of the following: (a) a declaration that an interest claimed by the caveator is not a valid caveatable interest; (b) an order that a caveat lapse; (c) an order that a transfer, mortgage or surrender relating to a mineral tenement be registered despite the registration of a caveat under this Division; (d) an order that a caveator pay compensation for any loss or damage suffered because a caveat registered under this Division does not relate to a valid caveatable interest, or an amount for or towards any such loss or damage. (3) Any compensation payable under an order under subsection (2)(d) may be recovered as if it were a debt due to the person in whose favour the order is made in a court of competent jurisdiction. (4) This section does not limit any other jurisdiction or power of the Warden's Court in relation to caveats under this Division.