Offshore Minerals Act 1998
sec.338Transfer of tenures
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sec.338 Transfer of tenures
The Minister must register the transfer of a tenure or a share in a tenure if— a party to the transfer lodges the instrument of transfer for registration; and a party to the transfer lodges a copy of the instrument of transfer; and the transfer has been approved by the Minister; and the tenure is lodged with the Minister for annotation under subsection (5) ; and the fee prescribed under a regulation is paid; and section 341 does not prevent the registration of the transfer. Paragraph (c) —the Minister’s approval is endorsed on the transfer (see section 365 (3) ). The Minister must also register the date and time of registration of the transfer. If an instrument purports to transfer a tenure or a share in a tenure, the Minister must register the instrument under this section without inquiring into or being concerned as to the legal effectiveness of the instrument. If an instrument that transfers a tenure or a share in a tenure is registered, the Minister must register the name of the transferee as a tenure holder. If the Minister registers the transfer of a tenure or a share in a tenure, the Minister must annotate the tenure to show the transferee as a tenure holder. The Minister must— keep the copy of the transfer; and return the transfer to the person who lodged it; and return the annotated tenure to the person who lodged it. The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act. (sec.338-ssec.1) The Minister must register the transfer of a tenure or a share in a tenure if— a party to the transfer lodges the instrument of transfer for registration; and a party to the transfer lodges a copy of the instrument of transfer; and the transfer has been approved by the Minister; and the tenure is lodged with the Minister for annotation under subsection (5) ; and the fee prescribed under a regulation is paid; and section 341 does not prevent the registration of the transfer. Paragraph (c) —the Minister’s approval is endorsed on the transfer (see section 365 (3) ). (sec.338-ssec.2) The Minister must also register the date and time of registration of the transfer. (sec.338-ssec.3) If an instrument purports to transfer a tenure or a share in a tenure, the Minister must register the instrument under this section without inquiring into or being concerned as to the legal effectiveness of the instrument. (sec.338-ssec.4) If an instrument that transfers a tenure or a share in a tenure is registered, the Minister must register the name of the transferee as a tenure holder. (sec.338-ssec.5) If the Minister registers the transfer of a tenure or a share in a tenure, the Minister must annotate the tenure to show the transferee as a tenure holder. (sec.338-ssec.6) The Minister must— keep the copy of the transfer; and return the transfer to the person who lodged it; and return the annotated tenure to the person who lodged it. (sec.338-ssec.7) The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.