MINING ACT 1992 - SECT 218B
Registration of certain interests in mineral claims
MINING ACT 1992 - SECT 218B
Registration of certain interests in mineral claims
218B Registration of certain interests in mineral claims
(1) The Secretary is to keep a register of legal and equitable interests in
mineral claims.
(2) Any person claiming a legal or equitable interest in a
mineral claim 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 a mineral
claim--
(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 208 applies to an
application under this section in the same way as it applies to an application
referred to in section 208 (1).