New South Wales Consolidated Acts

MINING ACT 1992 - SECT 202

202 Devolution of rights of mineral claim

(1) A person on whom the rights of the holder of a mineral claim have devolved by operation of law may apply to the Secretary to have the person's name recorded as the holder of the mineral claim.

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

(3) The Secretary, if satisfied that the rights of the holder of a mineral claim have devolved by operation of law, may record the name of the applicant as the holder of the mineral claim.

(4) In considering an application under this section, the Secretary 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, 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.