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OFFSHORE MINERALS ACT 1994 - SECT 351 Orders that can be made by a court in relation to caveats

OFFSHORE MINERALS ACT 1994 - SECT 351

Orders that can be made by a court in relation to caveats

  (1)   A court of competent jurisdiction may:

  (a)   order the removal of a caveat from a licence; or

  (b)   order the Designated Authority to register a dealing despite a caveat; or

  (c)   extend the period provided for by paragraph   348(2)(c).

  (2)   If:

  (a)   a court makes an order under paragraph   ( 1)(a) or (b) in relation to the licence; and

  (b)   the court is satisfied that caveats are being used vexatiously to delay the registration of a document;

the court may also make an order that the Designated Authority is not to register any caveats in respect of the licence unless the court has consented to the registration.

  (3)   An order under subsection   ( 2) may be for an indefinite period or for a specified period.

  (4)   If an application is made to the court for an order under subsection   ( 2), the Designated Authority becomes a party to the proceedings.

  (5)   If a court makes an order under this section, the Designated Authority must:

  (a)   register details of the order; and

  (b)   retain a copy of the order.