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Dealings, Transfers and Devolution of Title

Registration arrangements are aimed at maintaining a comprehensive record of titles granted and transfers and dealings affecting those titles, provision has been made under legislation to assist in keeping the Petroleum Register up-to-date.

Devolution of Title

To apply for a Devolution of a title, download and complete the relevant form on the right of the page and submit together with the following information:

  1. The original instrument evidencing the devolution (document showing sufficient evidence that the rights of the holder have devolved by operation of law), executed by all parties to the devolution together with one executed or certified copy, along with 2 copies of the application form.
  2. A brief description of the devolution.
  3. Details of the participating interests held by the Devolutor(s) and subsequent participating interests of the Devolutee.
  4. Details of incoming corporation(s) and its relationship to any major corporation or group, substantial shareholding, directors, principal business activity and place of incorporation/business (where a current annual report reveals all the above information such is acceptable).
  5. Details of the incoming corporation's financial status and its ability to fund its share of the venture.
  6. Details of the technical expertise of, and available to, the incoming corporation and particulars of other current and previous involvements in petroleum exploration and development.
  7. Where devolution submitted under Petroleum Pipelines Act 1969, you will need to provide a completed Registration Form B2 from the Department of Land Information for the registration of new titleholders against the easements under the Transfer of Land Act 1893 as amended.
  8. Where an incoming corporation is well known to the Department and has provided the information under B, C & D within recent times, the requirements to provide that information is not necessary.
  9. Any time constraints written into the instrument should be highlighted.

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Registration of a Dealing

An application for approval and registration of a dealing affecting a title should clearly set out the following information:

  • a brief description to the effect or effects of the dealing in terms of the effects specified in the Act (e.g. unconditional farm-in, amended joint operating agreement etc);
  • details, where relevant, of the proposed participating interests in the title of each party to the dealing;
  • a brief description of any prior dealings which are relevant to the approval of the dealing;
  • brief details of the consideration for the dealing, including details of the consideration for the relevant prior dealings;
  • if relevant, brief details of the nature of the related corporations and the other factors necessary for consideration as to whether a related corporations registration fee is appropriate; and
  • brief details of any other matters to be considered in determining the appropriate fee to be paid for registration of the dealing.

If a commercial transaction involves a dealing affecting more than one title, a separate application must be lodged for approval of the dealing in respect of each title affected by that dealing.

To apply for a Dealing affecting a title download and complete the relevant application form on the right of the page.

 

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Transfer of a Title

An application for approval of a transfer of a title may be lodged by any of the parties to the transfer.  An application for approval and registration of a transfer of a title should clearly set out the following information:

  • names of the companies which will hold the title and details of the proposed participating interests of those companies in the title;
  • a brief description of any prior dealings which are relevant to the approval of the transfer;
  • brief details of the consideration for the transfer, including details of the consideration for the relevant prior dealings;
  • if relevant, brief details of the nature of the related corporations and the other factors necessary for considering whether a related croprations registration fee is appropriate;
  • brief details of any other matters to be considered in determining the appropriate fee to be paid for registration of the transfer.

If a commercial transaction involves the transfer of more than one title granted, a separate application must be lodged for each title being transferred.

To apply for the Transfer of a Title download and complete the relevant application form on the right of the page.

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