Unless otherwise provided in the Act or these regulations the holder of a mining tenement may apply to transfer the whole of it or an interest in it by lodging a transfer in the form No. 23 in the First Schedule with the prescribed fee, but ¾

(a) every transfer shall be accompanied by the instrument of lease or licence (if issued) and, where applicable, a security similar to that required under sections 26, 52, 60 or 70F of the Act;

(b) when 2 or more tenements, the property of the same holder, are to be transferred, a separate transfer shall be executed for each;

(c) when a tenement is held by several holders, and 2 or more of such holders desire to transfer the whole or portion of their interests, a separate transfer shall be executed by each holder;

(d) when all holders desire to simultaneously transfer the whole tenement, one transfer, executed by all the holders shall be sufficient;

(e) when a holder desires to transfer portions of his interest in a tenement to 2 or more persons a separate transfer for each interest transferred shall be executed;

(f) all transfers shall take priority according to the date and time of their registration; and

(g) when ¾

(i) a mining tenement is encumbered by a mortgage; or

(ii) a share in a mining tenement is encumbered by a mortgage and the transfer affects that share,

the transfer shall be accompanied by the written consent of the affected mortgagee.

[Regulation 75 amended in Gazette 31 May 1991 p.2699; 24 June 1994 p.2933.]