Minerals and coal

The Real Property Act 1900 makes no distinction between minerals and other specified substances or strata. Any dealing involving minerals, mines, surface or sub-surface will be treated in the same manner as a dealing with land.  Separate titles may be issued for minerals etc and the land.

Dealings affecting a folio of the Register that has minerals etc excepted from it need not refer to the minerals etc or note the exception in the prior encumbrances. Note  'excepting' is the only acceptable operative word to indicate the severing of minerals etc; 'reserving' is not acceptable.

Minerals etc excepted from a Strata plan are noted on the common property title, not on the titles for the individual lots.

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [345.100].

Coal

Pursuant to the Coal Acquisition Act 1981 all coal was vested in the Crown. The Coal Ownership (Restitution) Act 1990 provides, on application to the Coal Compensation Board, for coal to be re-vested in the person from whom it was originally divested. A Request form 11R pursuant to the Coal Ownership (Restitution) Act 1990 may be lodged by the Coal Compensation Board to create a separate title for the coal. The request must be executed by an authorised officer of the Board and be witnessed.

The Coal Acquisition Amendment Act 1997 enables the Crown to retake coal granted to claimants under the Coal Ownership (Restitution) Act 1990. Following publication of a notice in the Government Gazette, a Request form 11R may be lodged to record the vesting of the coal in the Crown.

A transfer of coal may only be registered where a separate title for the coal exists or a notification states that the coal is included in the title for the land.

The excepting of coal from a transfer will be treated as surplusage.

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [348.100].