Heritage Act 2018

The Council or other public authority that entered into the heritage agreement may, in accordance with the regulations, notify the chief executive officer of the department of the Public Service principally assisting in the administration of the Mining Act 1978 (the Mining CEO) of the coming into operation of a heritage agreement.

If notification is given under subsection (1) in relation to a heritage agreement, the Mining CEO must —

take such steps as may be necessary for the purpose of bringing the agreement to the attention of any person seeking information about a mining tenement granted under the Mining Act 1978 in respect of land to which the agreement relates; and

advise the Council or public authority of the name and any known address of each of the persons appearing to hold a mining tenement in respect of land to which the agreement relates.

If the Mining CEO provides the name and address of a person under subsection (2)(b) the Council or public authority must take reasonable steps to ensure that notice of the heritage agreement is given to the person.

If notice of a heritage agreement is given under subsection (3) to a person who is the holder of a mining tenement —

the rights and obligations of the State and of all parties to the agreement pass to and are binding on and enforceable against or by their respective successors in title in relation to the mining tenement; and

each successor in title is taken to have notice that the agreement is in operation.