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Licence Transfer: Section33 Mineral Resources (Sustainable Development) Act 1990

This page may be used as the Instrument of Transfer. If there is a separate Instrument of Transfer, then fill in the Licence, Licensee and Transferee details only.

Subject to the Registration of Transfer of this title under the provisions of the Mineral Resources (Sustainable Development) Act 1990, I/We the Licensee(s) HEREBY TRANSFER TO the Transferee(s) described here, all rights, title and interest in this tenement AND THE TRANSFEREE HEREBY ACCEPTS the said transfer and holds itself responsible for compliance with the Mineral Resources (Sustainable Development) Act 1990 and the Regulations and the terms and conditions under which the said tenement is granted.

Licence No:

(Licence type and number, e.g. Exploration Licence 9999)

Name of current Licensee (Transferor):

Address of transferor(s):

(Cannot be PO Box or RMB. Must be registered office address if a company)


Transferor(s) Affix company seal where applicable*


* Refer to s 127 of the Corporations Act 2001, for requirement to execute a document either with a Company Seal affixed or without

Name of proposed Transferee:


Address of transferor(s):

(Cannot be PO Box or RMB. Must be registered office address if a company)



Transferee(s) Affix company seal where applicable*




* Refer to s 127 of the Corporations Act 2001, for requirement to execute a document either with a Company Seal affixed or without

TO BE COMPLETED BY THE PROPOSED TRANSFEREE

Question 1. Contact details and correspondence address

(Please tick one)

Transferee Employee Agent
Question 2. Indicate your experience in exploration and mining:

Please tick one of the following:

Question 3. Expertise of person(s), including the transferee, undertaking the exploration or mining:
Yes No

Yes No

Yes No

Note: If the person is not an employee of the transferee you must attach evidence that he/she has agreed to assist in the work.

Question 4. Is the transferee or any associates:

(please tick one of the following)

Question 5. Has the transferee or any associates:

(Please answer Yes or No to each question)

- Been removed from the Australian Stock Exchange (ASX) for breaches of the listing rules within the last 5 years?

Yes No

- Been deregistered by the Australian Securities and Investments Commission or has been deregistered within the last 5 years?

Yes No
Question 6. Evidence of financial capacity to meet the expenditure requirements of the licence:

Please complete the following:

All companies should attach their most recent audited financial report to the Australian Stock Exchange (for No Liability companies, this will be your most recent quarterly report. For Limited companies, this will be your most recent half-yearly report), as well as providing details in the space provided.

Companies with net assets over $50 million do not need to provide details in the space provided, if they submit their most recent audited financial report.

All other applicants must provide details in the space provided.

You must answer each question and state "not applicable" if it is not applicable. You must attach evidence of the availability of each resource, and signed authorisations from guarantors if applicable. Unacceptable resources include unlisted shares, personal or investment property, fixed assets (other than mining plant and equipment), and accounts receivable or other debts. Acceptable resources are listed on the form, and are given below.

In assessing your financial capacity, the department compares your 'Assets' against your 'Liabilities' to establish your net assets which are measured against the required expenditure for the first two years, i.e. the net assets must meet or exceed the required expenditure. In assessing Assets under category (e) the nominal value of the plant/equipment indicated by you, will be measured against the required two years expenditure. For category (f), the amount indicated will be doubled to allow a comparison with the required two years expenditure.

Note: The department reserves the right to pursue whatever information that is necessary for the Minister to be satisfied that the applicant meets the requirements of section 15(6) of the Mineral Resources (Sustainable Development) Act 1990.

All information relating to financial details must be no older than six months at the time the information is submitted.

1. Company (with audited financial report):

Assets:

Net equity (obtained from balance sheet)

Liabilities:

Net Financial Position:

Note: All companies must attach their most recent audited financial report. All fields must be completed. Insert N/A if not applicable.

2. Individual/Company (without audited financial report):

Assets:

Liabilities:

Net Financial Position:

Note: All applicants must provide a current bank statement. List of plant & equipment can only be included provided it is owned by the applicant and it is to be used for activities on this application. All fields must be completed. Insert N/A if not applicable.

Value of own labour

The licensee’s own labour can be counted as expenditure up to an amount of between $15,000 and $25,000 per year, depending on experience and qualifications. In such cases, there is also a need to demonstrate financial capacity to a minimum of $10,000 in the categories a) to d) above.

Transferee Declaration

Attachments:

Transferee, Director, Secretary or authorised person

General Information

  • In accordance with Schedule 28 of the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2013 a prescribed fee is required to accompany the transfer application. (See fee list)
  • The transferee must also have public liability insurance before doing any work on the licence.
  • The transferee must work in accordance with the approved work plan for the licence. Any variation to the work plan requires approval and registration of a Variation to the Work Plan
  • The department will return any existing rehabilitation bond on the licence after a valid replacement bond has been lodged and the transfer has been approved.
  • The department reserves the right to pursue whatever information that is necessary for the Minister to be satisfied that the transferee meets the requirements of Section 15(6) of the Mineral Resources (Sustainable Development) Act 1990.
  • The transferee takes responsibility for any issues of non-compliance with the Act or Regulations or licence conditions related to this licence unless these issues are resolved before the transfer is approved.

Privacy Statement

The personal information on this form, and any authority that is issued following processing of this form, will be stored and used by the Department of Economic Development, Jobs, Transport and Resources for the purposes of administering the Mineral Resources (Sustainable Development) Act 1990 (the Act). You have the right of access to this information by contacting the Earth Resources Information Centre, Level 15, 1 Spring Street, Melbourne VIC 3000. The information may be disclosed to other government organisations for the purpose of administering or enforcing the Act or a relevant Act, and to the public for the purpose of land use advice.