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Licence Transfer: 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 type and number, eg Exploration Licence 9999)

Name of Licensee (Transferor):

Surname or Company name

Given Name(s)

Title

ACN if Company
1.

2.

Address of transferor(s): (Cannot be PO Box or RMB. Must be registered office address if a company)

1.

Street name and number:

 

City:

 

State:

Postcode:

2.

Street name and number:

 

City:

State:

Postcode:

Transferor(s) Affix company seal where applicable*

Signature
Signature
Signature
Signature

* 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 Transferee:

Surname or Company name

Given Name(s)

Title

ACN if Company
1.

2.

3.

Address of transferee(s): (Cannot be PO Box or RMB. Must be registered office address if a company)

1.

Street name and number:

 

City:

 

State:

Postcode:

2.

Street name and number:

 

City:

State:

Postcode:

3.

Street name and number:

 

City:

State:

Postcode:

Transferee(s) Affix company seal where applicable*

Signature
Signature
Signature
Signature
Signature
Signature

* 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

Name:
Position (if employee):
Address for correspondence:
Telephone:
Fax:
Email:
Project name for this tenement (optional):

Question 2. Indicate your experience in exploration and mining:

Please tick one of the following:

I/We have previously held a minerals tenement in Victoria under the name given in Question 1 > (Go to the next question) OR

I/We have previously held a minerals tenement in Victoria, under another name > (Give details below) OR

I/We have previously held a minerals tenement outside of Victoria > (Give location and type of most recently held tenements and describe operation below) OR

I/We have not previously held a minerals tenement > (Describe details of your knowledge and relevant mining/exploration experience below)

Question 3. Expertise of person(s), including the transferee, undertaking the exploration or mining:

Name

Field of expertise

Employee of transferee?
1.

/

2.

/

3.

/

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.

Please answer Yes or No to each question:
Has the transferee or any associates:

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

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

Question 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.

Financial resources

  

Acceptable evidence

a) Cash

Bank statement

b) Government / semi-Government bonds

$

Copy of bond

c) Listed shares

$

Broker’s statement, or copies of share certificates, or CHESS (Clearing House Electronic Subregister System) statements

d) Line of credit from a recognised financial institution

$

Statement from the institution concerned giving the extent of credit

e) Mining plant and equipment

$

Statement listing the equipment and the portion of the proposed expenditure which will be met by its use. Only equipment to be used in the proposed program may be included.

f) Professional expertise in lieu of expenditure

$

Statement describing the expertise (e.g. of applicants), explaining its relevance and financial value to the proposed program. See Value of own labour below.

g) Future fund raising

$

Prospectus. Fund raising must be completed prior to the transfer being approved.

h) Other

$

Subject to acceptance by the Department

Financial obligations

  

Acceptable evidence

i) Liabilities

$

List of debts, current liabilities, accounts payable

j) Expenditure commitments on all existing mineral tenements (Victoria and elsewhere) for the next 2 years

$

List of tenements with commitments for each

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 categories a) to d) above.

Transferee Declaration

Attachments:

Declaration:

(If transferee is a company)
of Company (If transferee is a company)
to act on behalf of the transferee

I/We declare that to the best of my/our knowledge, all the information I/we have given is true and correct

Transferee, Director, Secretary or authorised person (see opposite)

of agreement to act as advisors for the transferee
that the person signing this declaration is authorised to do so on behalf of the transferee.

Name:

Position:

Signature:


Date:

....................................

 

GENERAL INFORMATION

  • In accordance with Schedule 19 of the Mineral Resources Development Regulations 2002 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.
  • 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 Primary Industries 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 Business Centre, Level 16, 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.