(1) The holder of a
mining tenement granted pursuant to this Act is entitled, on payment of the
prescribed fee, to receive an instrument of licence or lease as the case may
be in such form as may be prescribed.
(2) Except in the case
of fraud, a mining tenement granted or renewed under this Act shall not be
impeached or defeasible by reason or on account of any informality or
irregularity in the application or in the proceedings previous to the grant or
renewal of that tenement and no person dealing with a registered holder of a
mining tenement shall be required or in any way concerned to inquire into or
ascertain the circumstances under which the registered holder or any previous
holder was registered, or to see to the application of any purchase or
consideration money, or be affected by notice, actual or constructive, of any
unregistered trust or interest any rule of law or equity to the contrary
notwithstanding, and the knowledge that any such unregistered trust or
interest is in existence shall not of itself be imputed as fraud.
(3) In subsection (2)
—
registered , in relation to a holder or previous
holder of a mining tenement, means that the name of the holder or previous
holder is or was entered in the register as the holder of the mining tenement.
[Section 116 amended: No. 100 of 1985 s. 85; No.
54 of 1996 s. 16; No. 51 of 2012 s. 34.]