---
title: "Prepare a tenement mortgage or transfer for registration"
url: "https://ailawframework.com/practice/energy-resources-and-mining/prepare-a-tenement-mortgage-or-transfer-for-registration"
type: "task"
site: "AI Law Framework"
id: "A13-PU20261022-1"
practice_area: "Energy, Resources & Mining"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Prepare a tenement mortgage or transfer for registration

> 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.…

Canonical page: https://ailawframework.com/practice/energy-resources-and-mining/prepare-a-tenement-mortgage-or-transfer-for-registration  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Energy, Resources & Mining](https://ailawframework.com/practice/energy-resources-and-mining.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| 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 / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to the file and leave the decision to the lawyer.

- What the AI does: 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 does: 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.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Match the tenement identifier and the registered holder to the register extract.
2. Confirm a caveat or an existing mortgage is resolved before the dealing is described as ready.
3. 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.

## Notes

- 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.

## Sources

- [Western Australian Government: Mining tenure dealings](https://www.wa.gov.au/service/natural-resources/mineral-resources/mining-tenure-dealings) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/energy-resources-and-mining/prepare-a-tenement-mortgage-or-transfer-for-registration/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*