MINING ACT 1992 - SECT 161 Registration of certain interests

MINING ACT 1992 - SECT 161

161 Registration of certain interests

(1) The Secretary is to keep a register of legal and equitable interests in authorities.

(2) Any person claiming a legal or equitable interest in an authority may apply for registration of the interest.

(3) An application must be lodged with the Secretary and must be accompanied by the application fee prescribed by the regulations and by documentary evidence of the legal or equitable interest concerned.

(4) The Secretary may, if satisfied that the applicant holds the interest concerned, register the document by which the legal or equitable interest is evidenced.

(5) The Secretary may, on application by the holder of an interest or otherwise, make such amendments to the register kept under this section as are appropriate to reflect dealings in the interest.

(6) Without limiting the generality of subsection (5), the Secretary may cancel the registration of an interest if of the opinion that the interest has ceased to exist.

(7) The registration of an interest under this section is not to be taken to be evidence of the existence of the interest.

(8) For the purposes of any legal proceedings concerning an authority--

(a) a registered interest has priority over an interest that is not registered, and

(b) an earlier registered interest has priority over a later registered interest.

(9) The register must be kept available at such offices of the Department as may be prescribed by the regulations for inspection, free of charge, by members of the public.

(10) Section 130 applies to an application under this section in the same way as it applies to an application referred to in section 130 (1).

(11) An interest arising under a mining sublease is not a legal or equitable interest for the purposes of this section.