(1) During the first
year of the term for which an exploration licence is granted, a legal or
equitable interest in or affecting the exploration licence shall not be
transferred or otherwise dealt with, whether directly or indirectly, unless
—
(a) the
dealing or other transaction in or affecting the interest arises in the due
administration of the estate or affairs of a holder —
(i)
who is dead; or
(ii)
who is a person who is an insolvent under administration
within the meaning of the Corporations Act; or
(iii)
who is otherwise incapacitated at law; or
(iv)
which is in the course of being wound up (not being a
voluntary winding up);
or
(b)
prior written consent to the dealing or other transaction in or affecting the
interest is given by the Minister or an officer of the Department acting with
the authority of the Minister.
(2) Nothing in
subsection (1) prevents, or affects the validity of, any agreement made in
contemplation of a dealing or other transaction to which that subsection
applies where the agreement expressly provides that the consent required by
that subsection is to be obtained as a condition of the dealing or other
transaction.
[Section 64 inserted: No. 100 of 1985 s. 44;
amended: No. 37 of 1993 s. 27; No. 54 of 1996 s. 8; No. 10 of 2001 s. 132.]