MINING ACT 1992 - SECT 142A
Notice to mortgagees of making of access arrangements
MINING ACT 1992 - SECT 142A
Notice to mortgagees of making of access arrangements
142A Notice to mortgagees of making of access arrangements
(1) Within 14 days after an access arrangement is agreed between a landholder
and the holder of a prospecting title, the holder is to serve notice of the
making of the arrangement on each person (other than that landholder) who is
identified in any register or record kept by the Registrar-General as a person
having an interest as mortgagee in the land concerned.
(2) Notice is not
required to be served on a mortgagee under this section--
(a) if the mortgagee
has been given a copy of the written notice referred to in section 142 to the
landholder of the intention to obtain the access arrangement, or
(b) if the
landholder with whom the access arrangement was made is not the mortgagor.
(3) If notice is required to be served on a mortgagee under this section, the
access arrangement does not come into force until the end of the period of 14
days after the notice is served, unless the holder of the prospecting title
has reasonable cause to believe that the mortgagee is not a mortgagee in
possession of the land concerned.
(4) The requirement imposed by this section
on the holder of a prospecting title is taken to be a condition of the
prospecting title.
(5) This section applies only to access arrangements made
after the commencement of this section.
Note : If the person is a mortgagee
in possession of the land, an access arrangement with that person is also
required under section 140 before prospecting operations may be carried out on
the land.
