Guide to caveats
Any person who has a legal or equitable interest in a mineral title or an application for a mineral title, referred to as a mineral rights interest, can temporarily prevent the registration of a dealing over that interest by lodging a caveat.
Once a caveat is accepted, it prohibits any dealing on the affected mineral title or application without the title holder or applicant being informed.
Applying for a caveat
You lodge a caveat by filling out the correct form and paying the fees. A fee applies to each mineral title or application affected by the caveat.
You can exclude types of dealings the caveat applies to. For example, you may only want to be notified of future transfers. You would therefore specify the caveat does not apply to agreements, mortgages or devolutions.
You must provide evidence of your interest and include it with the form.
If the caveat is accepted and registered by the department, no further dealings can be registered against the affected title or application until the notification process for the caveat has been completed.
How a caveat works
Once a caveat is registered, you, the caveator, will be notified of any dealing that is lodged against the affected mineral title or application - unless you have excluded certain types of dealings.
You then have 30 days to do one of the following:
- apply for the caveat to be continued by using the correct form and paying the fee
- withdraw the caveat - there is no charge
- take action to prevent the dealing.
If you apply to continue the caveat, it means you still want to be notified of future dealings.
If you don't apply to continue the caveat within the 30 days, it lapses and the new dealing will be registered.
Once a caveat lapses, you cannot apply for another one using the same claim of interest.
Ceasing a caveat
A caveat ceases to be in force when any of the following things happen:
- you withdraw it
- you don't apply for a continuation within 30 days of receiving notice of a proposed dealing
- the NT Civil and Administrative Tribunal orders that it be removed.
Withdrawing a caveat
You can withdraw a caveat at any time by submitting the correct form. No fee applies.
Last updated: 24 August 2016
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