New South Wales Consolidated Acts

MINING ACT 1992 - SECT 162

162 Devolution of rights of holder of authority

(1) A person on whom the rights of the holder of an authority have devolved by operation of law may apply to the Minister to have the person's name recorded as the holder of the authority.

(2) An application must be made in a way prescribed by the regulations.

(3) The Minister, if satisfied that the rights of the holder of an authority have devolved by operation of law, may direct the Secretary to record the name of the applicant as the holder of the authority.

(4) In considering an application under this section, the Minister must have regard to guidelines issued and made publicly available by the Minister for the purposes of this section, if any.

(5) To avoid doubt, in this section--

(a) rights have devolved by operation of law if the rights have involuntarily passed from 1 person to another by operation of a law, including a transfer caused by death, bankruptcy or insolvency, and

(b) the granting or registration under this Act of a mining sublease does not result in the devolution of the rights of the holder of the head lease on a person.