MINING ACT 1992 - SECT 235F
Registration of certain interests in opal prospecting licences
MINING ACT 1992 - SECT 235F
Registration of certain interests in opal prospecting licences
235F Registration of certain interests in opal prospecting licences
(1) The Secretary is to keep a register of legal and equitable interests in
opal prospecting licences.
(2) Any person claiming a legal or equitable
interest in an opal prospecting licence 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 opal prospecting licence--
(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.