Part 3.1(1) The Minister must keep a register for the purposes of this Part.Note. The main matters entered in the register are:• the grant or renewal of a licence (see sections 333 and 334),• details of instruments that affect a licence (see section 337),• details of instruments that affect an interest in a licence (see sections 338 and 339),• details of interests in a licence that are acquired by devolution (see section 340),• details of caveats (see section 345).(2) The register is to be known as the State Offshore Mining Register.
(1) The Minister must keep a document file for the purposes of this Part.(2) In the document file are to be kept the documents that the Minister is required to keep under this Part.Note. The documents to be kept in the document file are:• copies of licences (see section 333 (6)),• copies of instruments that affect licences (see section 337 (4)),• copies of transfers of licences (see section 338 (6)),• copies of other dealings in licences (see section 339 (4)),• caveats (see section 345 (3)),• withdrawals of caveats (see section 346 (2)),• consents to dealings given under section 350 (see section 350 (6)),• copies of court orders (see section 351).
330 Form of register and document file
(1) The offshore mining register is to be kept in the form and manner determined by the Minister.(2) Without limiting subsection (1), the offshore mining register may be kept in the form of a computer record.(3) The document file is to be kept in the form and manner determined by the Minister.
331 Correction of errors in the register
(1) Subject to subsection (4), the Minister may correct the offshore mining register if the Minister is satisfied that:(a) there is an omission of an entry from the register, or(b) an entry in the register should not have been made, or(c) there is an error or defect in an entry in the register.(2) A person may apply to the Minister for correction of the offshore mining register under subsection (1).(3) The application:(a) must be in writing, and(b) must specify the correction that is being requested.(4) If:(a) the Minister intends to correct the offshore mining register under subsection (1), and(b) the correction relates to a licence, and(c) the correction is not to be made in response to an application under subsection (2) by the licence holder,the Minister must notify the holder that the Minister intends to correct the register.(5) The notice:(a) must be in writing, and(b) must specify the correction the Minister intends to make, and(c) must invite the holder to make submissions to the Minister about the proposed correction within the period specified in the notice.(6) The period specified under subsection (5) (c) is to be at least 14 days after the day on which the notice is given.(7) If a notice is given under subsection (4):(a) the Minister is not to correct the register until the period specified in the notice has ended, and(b) the Minister is to have regard to any submissions made by the licence holder before the end of that period in exercising the power under subsection (1) to correct the register.
332 Inspection of register and documents
(1) A person may inspect the offshore mining register and the document file if the person pays the fee prescribed by the regulations.(2) The Minister must make the offshore mining register and the document file available for inspection at all convenient times.
Division 2 Matters to be entered in register
(1) If the provisional grant of a licence is properly accepted, the Minister must register:(a) the holder’s name, and(b) if there is more than one licence holder, the share in the licence held by each holder, and(c) a description of the licence area, including a map or map reference, and(d) the term of the licence, and(e) the date of the provisional grant of the licence, and(f) the date of registration of the licence, and(g) an address for the service of notices under this Act on the licence holder.(2) The address registered under subsection (1) (g) is to be the address specified by the licence holder by notice in writing to the Minister.(3) If the holder has not given a notice under subsection (2), the address to be registered under subsection (1) (g) is to be the address specified in the application that the holder made for the licence.(4) If the Minister registers a licence under subsection (1):(a) the licence holder must give the licence to the Minister, and(b) the Minister must endorse the date of registration on the licence.(5) The Minister may include in the register any other information about the holder or the terms and conditions of the licence that the Minister thinks is appropriate.(6) The Minister must keep a copy of the licence.(7) A licence is taken to be registered as soon as an entry complying with subsection (1) is made in the register.
(1) If the Minister receives an application for the renewal of a licence, the Minister must register the fact.(2) If the provisional renewal of a licence is properly accepted, the Minister must register:(a) the renewal, and(b) the term of the renewal, and(c) the date of the provisional renewal, and(d) the date of registration of the renewal.(3) If the Minister registers the renewal of a licence under subsection (2):(a) the licence holder must give the licence to the Minister, and(b) the Minister must endorse on the licence:(i) the term of the renewal, and(ii) the date of registration of the renewal.(4) If the Minister refuses to renew a licence, the Minister must register the refusal.
335 Extension of exploration licences
(1) If the Minister receives an application for the extension of the term of an exploration licence, the Minister must register the fact.(2) If the Minister refuses to extend the term of an exploration licence, the Minister must register the refusal.Note 1. For extensions of the term of a licence see sections 94 to 98.Note 2. The grant of the extension of the term of an exploration licence is registered under section 337 (1).
(1) If a licence expires because:(a) its term ends, or(b) a retention licence or mining licence is granted to the licence holder,the Minister must register the expiry of the licence.Note. Cancellation is dealt with under section 337.(2) In subsection (1) (a), the reference to the term of a licence includes any period during which the licence is in force under section 90, 91, 92 or 93.(3) If the Minister registers the expiry of a licence under subsection (1):(a) the licence holder must give the licence to the Minister, and(b) the Minister must endorse the expiry and the date of the expiry on the licence.
337 Variations etc to licences
(1) The Minister must register:(a) the details of any document under this Act that varies, surrenders, cancels or otherwise affects a licence, and(b) the details of any document that varies or revokes a document referred to in paragraph (a).Note. The documents referred to in paragraph (a) are:• suspension of licence rights (see sections 48 (exploration licence), 135 (retention licence) and 195 (mining licence)),• amendment of licence conditions between provisional grant and registration (see sections 67 (exploration licence), 148 (retention licence), 211 (mining licence) and 280 (works licence))—these need to be registered at the same time as the grant is registered because if the conditions are amended between provisional grant and registration a replacement licence reflecting the change in conditions is not issued to the provisional holder,• extension of term (see sections 90, 95 and 97 (exploration licence)),• surrender of the whole or a part of a licence (see sections 99 and 127 (exploration licence), 158 and 187 (retention licence), 235 and 264 (mining licence) and 312 (works licence)),• voluntary surrender—special approval (see section 100 (exploration licence)),• mandatory reduction of licence area—special permission (see section 104 (exploration licence)),• amendment of licence conditions between provisional renewal and registration (see sections 111 (exploration licence), 170 (retention licence), 247 (mining licence) and 297 (works licence))—these need to be registered at the same time as the renewal because if the licence conditions are amended between provisional renewal and registration a replacement licence reflecting the changed conditions is not issued to the holder,• variation of conditions (see sections 120 (exploration licence), 179 (retention licence), 256 (mining licence) and 306 (works licence)),• exemption from or suspension of condition (see sections 121 (exploration licence), 180 (retention licence), 257 (mining licence) and 307 (works licence)),• cancellation (see sections 130 (exploration licence), 189 and 190 (retention licence), 265 (mining licence) and 313 (works licence)),• directions (see sections 387 and 392),• security requirements (see section 399),• approvals of transfers (see section 365).(2) Subsection (1) (a) applies to a document that suspends the rights of a holder of a licence.(3) Details of a document may be registered by registering a summary of the contents of the document.(4) The Minister must keep a document referred to in subsection (1), or a copy of the document.(5) A document referred to in subsection (1):(a) has no effect until it is registered, and(b) is taken to be registered as soon as an entry complying with subsection (1) is made in the register.
(1) The Minister must register the transfer of a licence or a share in a licence if:(a) a party to the transfer lodges the instrument of transfer for registration, and(b) a party to the transfer lodges a copy of the instrument of transfer, and(c) the transfer has been approved by the Minister, and(d) the licence is lodged with the Minister for annotation under subsection (5), and(e) the fee prescribed by the regulations is paid, and(f) section 341 (caveats) does not prevent the registration of the transfer.Note. Paragraph (c): the Minister’s approval is endorsed on the transfer (see section 365 (3)).(2) The Minister must also register the date and time of registration of the transfer.(3) If an instrument purports to transfer a licence or a share in a licence, the Minister must register the instrument under this section without inquiring into or being concerned as to the legal effectiveness of the instrument.(4) If an instrument that transfers a licence or a share in a licence is registered, the Minister must register the name of the transferee as a licence holder.(5) If the Minister registers the transfer of a licence or a share in a licence, the Minister must annotate the licence to show the transferee as a licence holder.(6) The Minister must:(a) keep the copy of the transfer, and(b) return the transfer to the person who lodged it, and(c) return the annotated licence to the person who lodged it.(7) The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.
339 Other dealings in licences
(1) The Minister must register a document (other than a transfer of a licence or a share in a licence) that creates, transfers, affects or otherwise deals with an interest in a licence if:(a) a party to the dealing lodges the document for registration, and(b) a party to the dealing lodges a copy of the document, and(c) the fee prescribed by the regulations is paid, and(d) section 341 (caveats) does not prevent the registration of the dealing.(2) The Minister must also register the date and time of registration of the dealing.(3) If a document purports to create, transfer, affect or otherwise deal with an interest in a licence, the Minister is to register the document under this section without inquiring into or being concerned as to the legal effectiveness of the document.(4) The Minister must keep the copy of the document.(5) The Minister must return the document to the person who lodged it.(6) The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.
(1) If:(a) the rights of a licence holder have devolved to a person by operation of law, and(b) the person applies to the Minister in writing to be registered as a licence holder, and(c) the licence is lodged with the Minister for annotation under subsection (3), and(d) the person pays the fee prescribed by the regulations, and(e) the Minister is satisfied that the applicant is entitled to those rights, and(f) section 341 (caveats) does not prevent the registration of the person as a licence holder,the Minister must register the person as a licence holder.(2) If the Minister registers a person as a licence holder under subsection (1), the Minister must also register the date and time of registration.(3) If the Minister registers a person as a licence holder under subsection (1), the Minister must annotate the licence accordingly.(4) The Minister must return the annotated licence to the person who lodged it.(5) This section applies to 2 or more persons to whom rights have devolved in the same way as it applies to a single person to whom rights have devolved.
(1) If a caveat is in force on a licence, the Minister must not register a dealing in the licence unless:(a) the Minister is not required to give the caveat holder notice of the particular dealing, or(b) the caveat holder consents to the registration of the dealing under section 350, or(c) a court of competent jurisdiction orders the Minister to register the dealing under section 338 or 339 despite the caveat.Note 1. For “dealing” see section 5.Note 2. Once the caveat holder has been given notice of the dealing, the caveat will lapse at the end of 30 days unless the caveat holder consents to the registration of the dealing or gets a court order extending the life of the caveat (see section 348).Note 3. The Minister may not be required to give the caveat holder notice of the dealing because the caveat holder is a party to the dealing or because the dealing falls outside the class of dealings that the caveat holder has specified under section 343 (2) (see section 349 (6)).(2) If a caveat is in force on a licence, the Minister must not register a person under section 340 as a licence holder unless:(a) the caveat holder consents to the registration under section 350, or(b) a court of competent jurisdiction orders the Minister to register the person under section 340 despite the caveat.Note. Once the caveat holder has been given notice, the caveat will lapse at the end of 30 days unless the caveat holder consents to the registration or gets a court order extending the life of the caveat.
(1) A person who claims a legal or equitable interest in or affecting a licence may lodge with the Minister a caveat on the licence.(2) A person may claim a legal or equitable interest in or affecting a licence even if the interest claimed arises under a document that has not been registered under section 338 or 339.
(1) A caveat must:(a) be in accordance with the form approved by the Minister, and(b) set out:(i) the full name and address of the person claiming the interest, and(ii) details of the interest claimed, and(c) be signed by the person claiming the interest, and(d) specify an address for service of notices within the State.(2) A caveat may specify the particular dealings that the caveat holder wants to be given notice of under section 349.
The person lodging a caveat must pay the caveat fee determined from time to time by the Minister with the concurrence of the Treasurer.
(1) If:(a) a caveat is lodged for registration, and(b) the caveat complies with section 343, and(c) the person lodging the caveat pays the fee required by section 344,the Minister must, subject to subsection (4), register the caveat.(2) The Minister must register the date and time of lodgment.(3) The Minister must keep the original of the caveat and endorse on it the date and time of lodgment.(4) Subsection (1) does not apply if:(a) the Supreme Court has made an order under section 351 (2), and(b) the order requires the Court’s consent to the registration of the caveat, and(c) the Court has not consented to the registration of the caveat.
(1) A caveat holder may withdraw the caveat at any time by lodging a written withdrawal with the Minister.(2) The Minister must:(a) register details of the withdrawal, and(b) endorse details of the withdrawal on the original of the caveat, and(c) keep the original of the withdrawal.
A withdrawal of a caveat must:(a) be in accordance with the approved form, and(b) give details of the caveat, and(c) be signed by the caveat holder.
(1) A caveat that is registered is taken to have had effect from the time at which it is lodged with the Minister.(2) A caveat on a licence ceases to have effect if:(a) the Supreme Court makes an order for the removal of the caveat under section 351, or(b) the caveat is withdrawn under section 346, or(c) the caveat holder is given notice under section 349 (1), (2) or (3) and 30 days have passed since the caveat holder was given the notice.(3) Subsection (2) (c) does not apply if, before the end of the 30 days, the caveat holder consents to the registration of the dealing or to the registration under section 340.(4) Subsection (2) (c) does not apply if, before the end of the 30 days:(a) the caveat holder applies to the Supreme Court for an order under section 351 that the caveat be extended beyond the period, and(b) the Supreme Court makes an order extending the period.(5) If a court makes an order under section 351 (1) (c), the caveat ceases to have effect at the end of the extended period.(6) Subsection (5) does not apply if, before the end of the extended period, the caveat holder consents to the registration of the dealing under section 350 or to the registration under section 340.
(1) If:(a) a transfer of a licence or a share in a licence is lodged with the Minister under section 338, and(b) a caveat is in force on the licence,the Minister must, subject to subsection (6), notify the caveat holder that the transfer has been lodged for registration.(2) If:(a) a dealing in a licence (other than a transfer of the licence or a share in the licence) is lodged with the Minister under section 339, and(b) a caveat is in force on the licence,the Minister must, subject to subsection (6), notify the caveat holder that the dealing has been lodged for registration.(3) If:(a) a person applies to the Minister under section 340 to be registered as a licence holder, and(b) a caveat is in force on the licence,the Minister must notify the caveat holder that the application has been made.(4) If:(a) a licence holder surrenders the licence or surrenders a block or some of the blocks covered by the licence, and(b) a caveat is in force on the licence,the Minister must notify the caveat holder of the surrender.(5) Notification under subsection (1), (2), (3) or (4) must be by certified mail.(6) Notice is not to be given under subsection (1) or (2) if:(a) the caveat holder is a party to the transfer or dealing concerned, or(b) the caveat holder has specified the class of dealings the caveat holder wants to receive notice of (see section 343 (2)) and the transfer or dealing falls outside that class.
350 Caveat holder may consent to registration
(1) If a caveat holder is given notice under section 349 (1), the caveat holder may consent to the registration of the transfer.(2) If a caveat holder is given notice under section 349 (2), the caveat holder may consent to the registration of the dealing.(3) If a caveat holder is given notice under section 349 (3), the caveat holder may consent to the registration of the person as a licence holder.(4) A consent under this section must be in writing and must be lodged with the Minister.(5) A consent under this section is only effective if it is given within 30 days after the day on which the caveat holder receives the notice concerned.(6) The Minister must:(a) register details of the consent, and(b) endorse details of the consent on the original of the caveat, and(c) keep the original of the consent.
351 Orders that can be made by a court in relation to caveats
(1) The Supreme Court may:(a) order the removal of a caveat from a licence, or(b) order the Minister to register a dealing despite a caveat, or(c) extend the period provided for by section 348 (2) (c).(2) If:(a) the Supreme Court makes an order under subsection (1) (a) or (b) in relation to the licence, and(b) the Court is satisfied that caveats are being used vexatiously to delay the registration of a document,the Court may also make an order that the Minister is not to register any caveats in respect of the licence unless the Court has consented to the registration.(3) An order under subsection (2) may be for an indefinite period or for a specified period.(4) An order under subsection (2) may provide that the Court’s consent is not required in any specified case or class of case.(5) If an application is made to the Court for an order under subsection (2), the Minister becomes a party to the proceedings.(6) If the Court makes an order under this section, the Minister must:(a) register details of the order, and(b) keep a copy of the order.
The Minister, with the concurrence of the Treasurer, is to determine from time to time the fees payable under this Act for registration of any document or fact.
352A Exemption from stamp duty
Duty under the Stamp Duties Act 1920 or the Duties Act 1997 is not chargeable:(a) on a licence, or(b) on any instrument that creates, transfers, affects or otherwise deals with an interest in a licence.
353 Protection from legal actions
(1) This section applies to:(a) the Minister, and(b) a delegate of the Minister, and(c) a person acting under the direction or authority of the Minister or a delegate of the Minister.(2) A person to whom this section applies is not liable to an action, suit or proceeding in relation to an act or matter if:(a) the act or matter is done or omitted to be done in the exercise or purported exercise of a power or authority given by this Part, and(b) the act or matter is done or omitted to be done in good faith.
354 Application to Supreme Court for correction of register
(1) The Supreme Court, on the application of a person aggrieved by:(a) the omission of an entry from the offshore mining register, or(b) an entry wrongly existing in the register, or(c) an error or defect in an entry in the register,may make any order it thinks appropriate directing correction of the register.(2) In any proceedings under subsection (1), the Supreme Court may decide any necessary or expedient question concerning the rectification of the register.(3) A copy of a Supreme Court order may be served on the Minister.(4) In any proceedings under subsection (1):(a) the Minister may appear, or(b) if the Supreme Court so directs, the Minister must appear.(5) If the Minister receives a copy of an order under subsection (3), the Minister must amend the register so that the register accords with the order.
355 Appeals against determinations under section 352
(1) If a person is dissatisfied with a determination by the Minister under section 352, the person may appeal to the Supreme Court against the determination.(2) Written notice of an appeal under subsection (1) must be given to the Minister.(3) In any proceedings under this section:(a) the Minister may appear, or(b) if the Supreme Court so directs, the Minister must appear.(4) On hearing an appeal under subsection (1), the Supreme Court may affirm, revoke or amend the determination of the Minister.
See note 2 to section 3 (1).
357 Evidentiary value of register
(1) The offshore mining register is admissible in proceedings as evidence of the matters registered in it.(2) If the register is kept by the use of a computer, the Minister may issue a document containing the details of a matter taken from the register.(3) The document issued under subsection (2) is admissible in proceedings as evidence of the matter.(4) The Minister may give a person a certified copy of, or extract from, the register if the person pays the fee prescribed by the regulations.(5) The certified copy is admissible in proceedings without any further proof of, or the production of, the original.
358 Certified copy of document on document file
(1) The Minister may give a person a certified copy of a document that is kept on the document file if the person pays the fee prescribed by the regulations.(2) The certified copy is admissible in proceedings without any further proof of, or the production of, the original.
359 Certification of registration action
(1) The Minister may give a person a signed certificate that:(a) a thing required or allowed by this Part has been done, or(b) a thing required or allowed by this Part has not been done,if the person pays the fee prescribed by the regulations.(2) The certificate is admissible in proceedings as evidence of the facts stated in the certificate.