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jantimot

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24/03/16

14:04

Post #: 17355746
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Originally posted by jantimot ↑

There is no lease. There never was:

In terms of the registration of the lease by the Registrar, it was clearly made in error as it was a lease of a registered interest the purported lessors never held. There is no suggestion of impropriety or failure in the Registrar’s action in so doing and he is covered by the terms of section 119.

As with the registration of the perpetual estate, the appropriate course is for the register to be rectified by the removal of that leaf.

Likewise there was no valid LoI or Prospecting Licence:

That was not so. The land in the Takata application was all customary land: it comprised part of the land we have found to have been mistakenly brought on to the land register, part of the land covered by a Prospecting Licence held by SMMS, and other customary land. The land respondents did not have a perpetual estate in any of it, and no other basis upon which they could have granted the surface access rights was established. Further, the Director had wrongly failed to excise from the application that part of the land which was within the SMMS prospecting area; Mines and Minerals Act s 20(6).

In those circumstances, the Minister’s decisions to issue the Letter of Intent and to issue the Prospecting Licence to Axiom KB were tainted by mistakes of law. They should be quashed.

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My apologies, i hadn't noticed that the cut 'n paste left the para numbers behind from the judgment. The first two paras are 405 and 406, the second two 413 and 414.
AVQ Price at posting: 38.0¢ Sentiment: Buy Disclosure: Held
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Suspension lifted?, page-63

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