Mining Act 1978

This section applies to the following instruments —

a dealing;

a discharge of a mortgage of a legal interest in a mining tenement;

a withdrawal of an application for a mining tenement;

a surrender under section 26A, 65 or 95;

a tax memorial;

a withdrawal of memorial.

An instrument to which this section applies is to be —

lodged for registration in the prescribed manner and prescribed form; and

accompanied by the fee (if any) prescribed in respect of the instrument.

Only an instrument to which this section applies may be registered.

The registration of an instrument is to be effected by an authorised officer.

Subject to section 122D(1), an authorised officer is, unless section 103D applies or the regulations otherwise provide, to enter in the register the time and date of the lodgment of an instrument as the time and date of registration.

If a tax memorial is registered a notice stating that the memorial has been registered is to be sent by certified mail to the holder of the mining tenement against which the memorial is registered.

Neither the Minister nor an authorised officer is concerned with the effect any instrument lodged under this section may have at law other than for the purposes of this Act.

The acceptance of an instrument for registration does not give to it any priority (other than in so far as registration may be taken to be constructive notice), force, effect or validity that it would not have had if this section had not been enacted.

A dealing does not pass any legal estate or interest in a mining tenement or in any way charge or encumber a mining tenement until it is registered in accordance with this section.