Transfer of mineral rights to be approved by Minister

(1) Unless the Minister approves61 (a) the transfer of a mineral right; or (b) an instrument by which a legal or equitable interest in, or affecting, a mineral right, is created, assigned, effected or dealt with, whether directly or indirectly, the transfer, or the instrument in so far as it operates as provided in this paragraph, is of no force. (2) An application for the approval by the Minister under sub-section (1), of a transfer or an instrument shall be made to the Inspector in accordance with the regulations. (3) Subject to sub-sections (4) and (5), on application duly made under sub-section (2), the Minister may give, or refuse to give, his approval, or may give his approval subject to such conditions as he deems necessary in the circumstances to impose. (4) The Minister shall not give his approval to the transfer of, or to any instrument operating as provided in sub-section (1) (b), in relation to, a reconnaissance licence. (5) The Minister shall give his approval to the transfer of an exclusive prospecting licence or mining licence when the transferee– (a) is a person controlling, controlled by or under common control with, the transferor; and (b) is not a person disqualified under any provision of this Act from holding a mineral (6) If the Minister gives his approval to the transfer of a mineral right, the Inspector shall cause the name of the transferee to be recorded in the Register as the registered holder of the mineral right but legal proceedings that might have been commenced or continued against the former registered holder 62 may be commenced or continued against him notwithstanding the transfer. (7) The reference in sub-section (1) (a), to the transfer of a mineral right includes a transfer of a mineral right by operation of law.