Opal Mining Act 1995

A person (a caveator) who has, or who is claiming, an interest in a matter relevant to the registration of a tenement may apply to the Opal Mining Registrar to have a caveat registered under this section.

An application for the registration of a caveat must be in a form determined by the Opal Mining Registrar.

A caveat under subsection (1) may—

forbid the registration of any transfer, mortgage or voluntary surrender affecting a specified interest in the tenement (an absolute caveat); or

forbid the registration of any transfer, mortgage or voluntary surrender affecting the tenement unless the transfer or mortgage expressly states that it is to be subject to the interest claimed by the caveator (a

However, if a caveat is being registered without the express consent of the tenement holder for the tenement to which the caveat relates—

the caveator must be a person who has entered into an agreement with the tenement holder relating to—

the sale or transfer (or both) of the tenement holder's interest in the relevant tenement; or

any other matter connected with the tenement holder's interest in the relevant tenement; and

the agreement must provide for the registration of a caveat under this section; and

a copy of the agreement must accompany the application under subsection (2).

A caveat may—

set out a date of expiry (if any); or

set out that the caveat will expire—

on a specified transfer or mortgage of an interest in the tenement;

at the end of a specified period.

In connection with the preceding subsections, an application for the registration of a caveat—

must be accompanied by—

the prescribed fee; and

such other documents or information as the Opal Mining Registrar may require; and

if the caveat is being registered without the express consent of the tenement holder for the tenement to which the caveat relates—must include a statutory declaration as to the truthfulness and accuracy of any matter specified by the caveator in the application.

The Opal Mining Registrar does not have, on the receipt of an application to register a caveat, any duty to determine whether or not—

the caveat relates to a valid caveatable interest; or

a caveatable interest has been sufficiently described;

there is sufficient evidence to support the caveat;

any matter specified in the application is true and accurate.

The registration of a caveat does not warrant the validity of any interest claimed in the caveat.

On the registration of a caveat under this section, a notice of the registration of the caveat must be sent by the Opal Mining Registrar to any tenement holder whose interests are affected by the caveat, other than where the tenement holder is also the caveator.

A caveat registered under this section—

does not affect or prevent the renewal of a tenement;

does not lapse on the renewal of a tenement (while the caveat is registered); and

does not affect or prevent any dealing with the tenement (or any interest in the tenement) that is required by an order of a court or tribunal constituted by law.

A caveat registered under this section will lapse on—

any order of the Warden's Court providing for the lapsing of the caveat; or

the withdrawal of the caveat by the caveator; or

the expiry of the caveat as contemplated by subsection (5).

If—

a caveat is registered in respect of a tenement; and

the caveat lapses, the caveator or any related corporation may not apply to register a second or subsequent caveat relating to the same interest in the tenement to which the original caveat related without the approval of the Warden's Court, or unless that second or subsequent caveat is being registered with the express consent of the tenement holder for the tenement to which the caveat relates.

In this section—