Queensland Consolidated Acts

MINERAL AND ENERGY RESOURCES (COMMON PROVISIONS) ACT 2014 - SECT 92

92 Particular agreements to be recorded on titles

(1) A resource authority holder that is a party to either of the following agreements must, within 28 days after entering into the agreement, give the registrar notice of the agreement in the appropriate form—

(a) a conduct and compensation agreement;

(b) an opt-out agreement.

(2) If given a notice under subsection (1) , the registrar must record in the relevant register the existence of the agreement.

(3) Subsection (4) applies if—

(a) the agreement ends; or

(b) the land the subject of the agreement is subdivided, in whole or part, and the agreement does not apply to land within a new lot that is created as a result of the subdivision.

(4) The resource authority holder that is a party to the agreement must give the registrar notice of the matter in the appropriate form within 28 days after—

(a) if subsection (3) (a) applies—the agreement ends; or

(b) if subsection (3) (b) applies—the day the resource authority holder becomes aware the land has been subdivided.

(5) If the registrar is given a notice under subsection (4) in relation to an agreement that has ended, the registrar must, if satisfied the agreement has ended or is no longer relevant for the land, remove the particulars of the agreement from the relevant register.

(6) If the registrar is given a notice under subsection (4) in relation to the subdivision of land, the registrar must, if satisfied the agreement is not relevant for a new lot created by the subdivision, remove the particulars of the agreement from the relevant register to the extent it relates to the new lot.

(7) The registrar must also remove the particulars of the agreement from the relevant register if—

(a) requested to do so, in the appropriate form, by a party to the agreement; and

(b) the registrar is satisfied the agreement has ended or is no longer relevant for the land.

(8) A resource authority holder complying with subsection (1) or (4) is liable for the costs of recording the agreement in, or removing the agreement from, the relevant register.

(9) A notice given under this section is invalid if it does not comply with the prescribed requirements for the notice.

(10) A requirement of a resource authority holder under subsection (1) or (4) is a condition of the resource authority.

(11) In this section—

"appropriate form" —

(a) if the agreement relates to land to which the Land Title Act 1994 applies—see schedule 2 of that Act;

(b) if the agreement relates to land to which the Land Act 1994 applies—see schedule 6 of that Act.

"party" , to a conduct and compensation agreement or opt-out agreement, includes the successors and assigns of the party that are bound by the agreement under chapter 3 , part 7 , division 5 .

"registrar" means the registrar of titles under the Land Title Act 1994 .

"relevant register" means—

(a) for freehold land—the freehold land register; or

(b) for any other land—the registry under section 275 of the Land Act 1994 .