Prepare a tenement mortgage or transfer for registration
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the instrument and the register extract, list the tenement, the parties, whether the dealing is a transfer or a mortgage, whether a caveat is recorded, and whether the papers include ministerial consent. For a transfer, list whether a security and a stamp-duty assessment are present. Do not complete the forms.
- What the lawyer must review
- The lawyer decides whether consent is required and completes the forms. In Western Australia a dealing is a transfer or mortgage of a legal interest in a granted mining tenement. Consent of the Minister, or an authorised officer, is required before a legal interest is transferred or mortgaged: section 82(1)(d) for mining leases, regulation 36(c) for general purpose leases, and regulation 41(c) for miscellaneous licences. An exploration licence needs consent under section 64(1)(b) in its first year, with exceptions. A caveat prevents registration until it is removed or a Warden's order is obtained. A mortgage is lodged on Form 25 with the consent letter and the fee, and is exempt from stamp duty. A transfer uses Form 23 for each tenement, a Form 32 security of $5,000 executed by the incoming holders, a duty assessment, and the consent letter. A mortgaged tenement cannot be transferred unless the mortgage is removed or the mortgagee consents. The lawyer does not treat these Western Australian steps as the rule in another state.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the instrument and the register extract, list the tenement, the parties, whether the dealing is a transfer or a mortgage, whether a caveat is recorded, and whether the papers include ministerial consent. For a transfer, list whether a security and a stamp-duty assessment are present. Do not complete the forms. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Match the tenement identifier and the registered holder to the register extract.
- Confirm a caveat or an existing mortgage is resolved before the dealing is described as ready.
- Confirm the consent relied on is the consent the Act requires for this tenement type and, for an exploration licence, for this year of the term.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.