Div 1Dealings in licences to be in writing and registered

Division 1—Dealings in licences to be in writing and registered 360—Dealings in licences to be in writing (1) An interest in a licence may be created, transferred, affected or otherwise dealt with only by a written document. A transfer must be in writing because it is a dealing. (2) Subsection (1) does not apply to the rights of a licence holder that devolve to a person by operation of law. 1 Rights might devolve to a person, for example, by operation of the laws relating to intestacy or bankruptcy. 2 For the registration of rights that devolve to a person by operation of law see section 340. 361—Dealings in interests in licences not effective until registered A document that creates, transfers, affects or otherwise deals with an interest in a licence has no effect until it is registered under Part 3.1. 1 A transfer is a dealing and does not take effect until registered. 2 Transfers are registered under section 338 and other dealings under section 339. Division 2—Approval of transfer of licences 362—Transfers require approval by Minister (1) The transfer of a licence is not to be registered under section 338 unless it has been approved by the Minister. 1 For transfer of a licence see section 7(1). 2 A transfer is a dealing and under section 361 does not take effect until registered. (2) The transfer of a share in a licence is not to be registered under section 338 unless it has been approved by the Minister. 1 For transfer in a share of a licence see section 7(2) and (3). 2 A transfer is a dealing and under section 361 does not take effect until registered. 363—Application for approval of transfer (1) A person may apply to the Minister for approval of the transfer. (2) The application must be in writing. (3) The application must be accompanied by— (a) the transfer document (duly signed or executed); and (b) a copy of the transfer document; and (c) if a caveat holder has consented to the registration of the transfer under section 350(1), a copy of the consent. (4) The application may include a statement of any matter that the applicant wants the Minister to take into account in deciding whether to approve the transfer. (5) Without limiting subsection (4), the application may include a statement about— (a) the technical qualifications of a party to the transfer; or (b) the technical qualifications of the employees of a party to the transfer; or (c) the technical advice available to a party to the transfer; or (d) the financial resources of a party to the transfer. (6) The application must be accompanied by the fee prescribed by the regulations. 364—Minister may ask for further information (a) an application is made under section 363 for approval of a transfer; and (b) the Minister has reason to believe that a person possesses or controls a document that relates to— (i) the transfer document; or (ii) the transfer transaction; or (iii) the application for approval of the transfer, the Minister may ask the person— (c) to give the document to the Minister; or (d) to make the document available for inspection by or on behalf of the Minister. (2) The request under subsection (1) must be made by giving to the person a written notice containing the request. (3) A person must not fail to comply with a request under subsection (1) without reasonable excuse. 365—Minister's response to application for approval (1) If an application is made under section 363, the Minister may— (a) approve the transfer; or (b) refuse to approve the transfer. (2) The Minister may, under subsection (1)(a), approve the transfer on conditions that the Minister considers necessary or desirable in the public interest. (3) If the Minister approves the transfer, the Minister must endorse on— (a) the transfer document; and (b) a copy of the transfer document, a record of the approval. A record of the approval will also be entered in the offshore mining register (see section 338(1)). 366—Protection from legal actions (1) This section applies to— (b) a delegate of the Minister; and (c) a person acting under the direction or authority of the Minister or a delegate of the Minister. (2) A person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if— (a) the act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this Part; and (b) the act or matter is done or omitted to be done in good faith.