Provisions relating to caveats
79 Provisions relating to caveats
Any person claiming any interest in any license to prospect, or in any petroleum lease, or in any application for a petroleum lease, or in any land comprised in such license, lease or application, may, on payment of the prescribed fee, lodge a caveat in the prescribed form forbidding the registration of any transfer or other instrument affecting such interest, but the lodging of such caveat shall be subject to the regulations and to the following conditions: —
Every caveat shall state the name and address of the person by whom or on whose behalf the same is lodged, and shall be signed by the caveator or his agent;
Every caveat shall contain an address within the city of Perth at which notices and proceedings relating thereto may be served;
Every notice relating to a caveat and any proceedings in respect thereof, if left or sent by post , to the address appointed as aforesaid shall be deemed to be duly served;
Upon receipt of a caveat the Under Secretary for Mines or other officer authorised in that behalf shall send notification to the person against whose interest the caveat is lodged as aforesaid that such caveat has been lodged, by letter sent by post to the last known address of such person;
The person against whose interest the caveat is lodged as aforesaid may summon the caveator to attend before the warden to show cause why such caveat should not be removed, and upon proof that the caveator has been summoned, and after hearing evidence, the warden may make such order as he thinks fit;
Every caveat shall be deemed to have lapsed upon the expiration of fourteen days after notice given to the caveator that application has been made for the registration of a transfer or other dealing in respect of the interest against which the caveat is lodged;
A caveat which has lapsed shall not be renewed by or on behalf of the same caveator in respect of the same estate or interest, except by leave of the warden.
[Section 79 amended: No. 8 of 1940 s. 38.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.