Western Australian Current Regulations Western Australian Current Regulations Unless otherwise
provided in the Act or these regulations the holder of a mining tenement may
apply to transfer the whole of it or an interest in it by lodging a transfer
in the form of Form 23 with the prescribed fee, but —
(a)
every transfer shall be accompanied by a security similar to that required
under section 26, 52(1), 60(1), 70F(1) or 84A(1) in respect of the lease
or licence; and
(b) when
2 or more tenements, the property of the same holder, are to be transferred, a
separate transfer shall be executed for each; and
(c) when
a tenement is held by several holders, and 2 or more of such holders desire to
transfer the whole or portion of their interests, a separate transfer shall be
executed by each holder; and
(d) when
all holders desire to simultaneously transfer the whole tenement, one
transfer, executed by all the holders shall be sufficient; and
(e) when
a holder desires to transfer portions of his interest in a tenement to 2 or
more persons a separate transfer for each interest transferred shall be
executed; and
(f) all
transfers shall take priority according to the date and time of their
registration; and
(g)
when —
(i)
a mining tenement is encumbered by a mortgage; or
(ii)
a share in a mining tenement is encumbered by a mortgage
and the transfer affects that share,
the transfer shall be
accompanied by the written consent of the affected mortgagee.
[Regulation 75 amended: Gazette
31 May 1991 p. 2699; 24 Jun 1994 p. 2933;
15 Jan 2010 p. 109-10; 13 Dec 2019 p. 4236.]