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OFFSHORE MINERALS ACT 1994 - SECT 338

Transfer of licences

  (1)   The Designated Authority must register the transfer of a licence or a share in a licence if:

  (a)   a party to the transfer lodges the instrument of transfer for registration; and

  (b)   a party to the transfer lodges a copy of the instrument of transfer; and

  (c)   the transfer has been approved by the Joint Authority; and

  (d)   the licence is lodged with the Designated Authority for annotation under subsection   (5); and

  (e)   the fee provided for in the Registration Fees Act is paid; and

  (f)   the fee prescribed by the regulations is paid; and

  (g)   section   341 (caveats) does not prevent the registration of the transfer.

Note:   Paragraph   (c): the Joint Authority's approval is endorsed on the transfer (see subsection   365(3)).

  (2)   The Designated Authority must also register the date and time of registration of the transfer.

  (3)   If a document purports to be a transfer of a licence or a share in a licence, the Designated Authority is to register the document under this section without inquiring into or concerning itself with the legal effectiveness of the document.

  (4)   If an instrument that transfers a licence or a share in a licence is registered, the Designated Authority must register the name of the transferee as a licence holder.

  (5)   If the Designated Authority registers the transfer of a licence or a share in a licence, the Designated Authority must annotate the licence to show the transferee as a licence holder.

  (6)   The Designated Authority must keep the copy of the transfer.

  (7)   The Designated Authority must return the transfer to the person who lodged it.

  (8)   The Designated Authority must return the annotated licence to the person who lodged it.

  (9)   The registration of a document under this section does not give the document any greater effect than it would have had apart from this Act.



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