Division 2 Transfer of authorities

120   Application for approval of transfer

(1)  The holder of an authority may apply for approval of the transfer of the authority to another person.

(2)  An application for approval must be lodged with the Director-General, include any information that is prescribed by the regulations and be accompanied by the following:

(a)  the application fee prescribed by the regulations,

(b)  the consent of the proposed transferee,

(c)  in the case of a partial transfer, a plan identifying the area to which the new authority would apply.

121   Power of decision-maker in relation to transfer approval applications

(1)  After considering an application for approval of the transfer of an authority, the decision-maker may:

(a)  approve the transfer in accordance with the application, or

(b)  refuse the application.

(2)  Without limiting the generality of subsection (1) or any other provision of this Act, an application may be refused on any one or more of the following grounds:

(a)  that the applicant (or, in the case of an applicant that is a corporation, a director of the corporation) has contravened this Act or the regulations (whether or not the person has been prosecuted or convicted of any offence arising from the contravention) or has been convicted of any other offence relating to mining or minerals,

(b)  that the decision-maker reasonably considers that the applicant provided false or misleading information in or in connection with an application.

(3)  An application for the transfer of a mineral owner authority may be approved only:

(a)  if the proposed transferee is the owner of the minerals to which the authority relates, or

(b)  if the proposed transferee is not the owner, subject to the condition that the transfer does not come into effect until the decision-maker notifies the applicant in writing that the decision-maker is satisfied that the proposed transferee has become the owner.

(4)  In approving a full transfer, the decision-maker may, subject to this Act, vary the conditions of the authority or include further conditions in the authority.

(5)  In approving a partial transfer, the decision-maker:

(a)  may, subject to this Act, vary the conditions of the original authority, and

(b)  is to determine the conditions of the new authority.

(6)  Without limiting subsection (4) or (5), the decision-maker may vary an authority by adding conditions, including conditions that impose obligations on the transferor or the transferee to rehabilitate land or water affected by mining or prospecting or by associated activities carried out on land that is the subject of the transfer.

(7)  The decision-maker is to give the applicant written notice of the outcome of the application.

(8)  This section does not affect the operation of section 75V (Approvals etc legislation that must be applied consistently) or 93 (Granting and modification of approval by approval body) of the Environmental Planning and Assessment Act 1979.

122   Registration of transfers

(1)  If the transfer of an authority has been approved, the transferor or transferee of the authority may, within 3 months after being notified of the approval, apply for registration of the transfer.

(2)  Any such application must be:

(a)  lodged with the Director-General, and

(b)  accompanied by the application fee prescribed by the regulations, and

(c)  accompanied by:

(i)  in the case of a full transfer—a document signed by the decision-maker and the transferee acknowledging the terms of the authority after the transfer, and

(ii)  in the case of a partial transfer—a document signed by the decision-maker and the transferor acknowledging the terms of the original authority after the transfer, and

(iii)  in the case of a partial transfer—a document signed by the decision-maker and the transferee acknowledging the terms of the new authority.

(3)  On receipt of the application, the Director-General must register the transferee as the holder of the authority or (in the case of a partial transfer) the new authority.

(4)  On registration of a full transfer the transferee becomes the holder of the authority and any variation of the authority under this Division takes effect.

(5)  On registration of a partial transfer:

(a)  the original authority is taken to have been cancelled as to the area of the part transferred, and

(b)  an authority over the part transferred is taken to have been granted to the transferee for the period from the date of registration until the date on which the original authority is due to expire and subject to the conditions determined under this Division, and

(c)  the transferee becomes the holder of the new authority, and

(d)  any variation of the original authority under this Division takes effect.

123   (Repealed)

124   Caveats

(1)  A person claiming a legal or equitable interest in an authority may lodge with the Director-General a caveat, accompanied by the lodgment fee prescribed by the regulations, directing the Director-General not to register any transfer of the authority otherwise than in accordance with the provisions of the caveat.

(2)  Unless sooner withdrawn, a caveat remains in force for the period of 3 months from the date on which it is lodged.

(3)  While a caveat remains in force, a transfer of the authority to which it relates may not be registered in contravention of the provisions of the caveat otherwise than pursuant to an order of the Supreme Court directing the Director-General to register the transfer.

(4)  At the expiration of the period for which a caveat is in force, a transfer of the authority to which it relates is to be registered unless, before the expiration of that period, the Director-General is served with an order of the Supreme Court prohibiting the Director-General from registering the transfer.