Approval of instruments creating etc. interests
81 Approval of instruments creating etc. interests
This section applies to an instrument by which a legal or equitable interest in or affecting an existing or future permit, licence, pipeline licence or access authority is or may be created, assigned, affected or dealt with, whether directly or indirectly, not being an instrument of transfer to which section 78 applies.
An instrument to which this section applies is of no force until—
the instrument has been approved by the Minister; and
an entry has been made in the register by the Minister in accordance with subsection (7).
A party to an instrument to which this section applies or a person having an interest in or in relation to a permit, licence, pipeline licence or access authority by reason of such an instrument may lodge with the Minister an application for approval of the instrument.
The application shall be accompanied by the instrument and by a copy of the instrument.
On receipt of the application, the Minister shall enter a memorandum in the register of the date on which the application was lodged with the Minister and may make such other notation in the register as the Minister deems appropriate.
The Minister may approve or refuse to approve the instrument.
If the Minister approves the instrument, the Minister shall forthwith endorse on the original instrument and on the copy a memorandum of approval and, on payment of the fee provided by section 92, make an entry of the approval of the instrument in the register on the memorial relating to, or on the copy of, the permit, licence, pipeline licence or access authority to which the instrument relates.
The copy of the instrument endorsed with the memorandum of approval shall be retained by the Minister and is subject to inspection in accordance with this division.
The original instrument endorsed with the memorandum of approval shall be returned to the person who lodged the application for approval.
If the Minister refuses the application, the Minister shall make a notation of the refusal in the register.
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