Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A surrender
relating to a mining tenement encumbered by a mortgage shall be accompanied by
the written consent of the mortgagee unless the surrender is pursuant to
section 26A or 65 of the Act.
(2) If the surrender
referred to in subregulation (1) is conditional in favour of an
application for a new mining tenement, the holder and the mortgagee may agree
to continue the mortgage against the new tenement and lodge a deed of
variation accordingly with the consent referred to in subregulation (1)
and upon the conditional surrender being registered, the mortgage shall
continue as registered against the new tenement and shall thereafter be of
full force and effect in respect of that tenement.
[Regulation 47 amended in Gazette
31 May 1991 p. 2698.]