New South Wales Consolidated Acts

MINING ACT 1992 - SECT 142A

142A Notice to mortgagees of making of access arrangements

(1) Within 14 days after an access arrangement is agreed between a landholder and the holder of a prospecting title, the holder is to serve notice of the making of the arrangement on each person (other than that landholder) who is identified in any register or record kept by the Registrar-General as a person having an interest as mortgagee in the land concerned.

(2) Notice is not required to be served on a mortgagee under this section--

(a) if the mortgagee has been given a copy of the written notice referred to in section 142 to the landholder of the intention to obtain the access arrangement, or

(b) if the landholder with whom the access arrangement was made is not the mortgagor.

(3) If notice is required to be served on a mortgagee under this section, the access arrangement does not come into force until the end of the period of 14 days after the notice is served, unless the holder of the prospecting title has reasonable cause to believe that the mortgagee is not a mortgagee in possession of the land concerned.

(4) The requirement imposed by this section on the holder of a prospecting title is taken to be a condition of the prospecting title.

(5) This section applies only to access arrangements made after the commencement of this section.

Note : If the person is a mortgagee in possession of the land, an access arrangement with that person is also required under section 140 before prospecting operations may be carried out on the land.