Western Australian Consolidated Acts

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MINING ACT 1978 - SECT 122E

122E .         Duration of caveat

        (1)         An absolute caveat or a subject to claim caveat ceases to have effect upon —

            (a)         the direction of a warden for the removal of the caveat; or

            (b)         the withdrawal of the caveat by the caveator or an agent of the caveator; or

            (c)         the expiry of a period of 14 days after notification that —

                  (i)         in the case of an absolute caveat, application has been made for the registration of a dealing or surrender affecting the subject matter of the caveat; or

                  (ii)         in the case of a subject to claim caveat, application has been made for the registration of a dealing or surrender affecting the subject matter of the caveat that is not expressed to be subject to the interest claimed by the caveator,

                has been sent by or on behalf of the Minister by certified mail to the caveator at the address for service given in the caveat, unless within that period a warden otherwise directs.

        (2)         A consent caveat ceases to have effect upon —

            (a)         the direction of a warden for the removal of the caveat; or

            (b)         the withdrawal of the caveat by consent of the parties to the agreement; or

            (c)         the expiry of the period of time, if any, specified in the agreement.

        (3)         If a caveat ceases to have effect under this section a memorial to that effect is to be entered in the register.

        (4)         In subsection (2) —

        agreement means the agreement referred to in section 122A(2).

        [Section 122E inserted by No. 54 of 1996 s. 18 (as amended by No. 39 of 2004 s. 104(d)-(f)).]



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