Western Australian Current Acts Western Australian Current Acts (1) This section
applies to the following instruments —
(a) a
dealing;
(b) a
discharge of a mortgage of a legal interest in a mining tenement;
(c) a
withdrawal of an application for a mining tenement;
(d) a
surrender under section 26A, 65 or 95;
(e) a
tax memorial;
(f) a
withdrawal of memorial.
(2) An instrument to
which this section applies is to be —
(a)
lodged for registration in the prescribed manner and prescribed form; and
(b)
accompanied by the fee (if any) prescribed in respect of the instrument.
(3) Only an instrument
to which this section applies may be registered.
(4) The registration
of an instrument is to be effected by an authorised officer.
(5) 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.
(6A) 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.
(6) 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.
(7) 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.
(8) 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.
[Section 103C inserted: No. 54 of 1996 s. 15 (as
amended: No. 39 of 2004 s. 103(a)); amended: No. 31 of 2008 s. 15.]