Foreign Acquisitions and Takeovers Regulation 2015 (Cth)

PART 3 - EXEMPTIONS  

Division 4 - Other exemptions  

Subdivision B - Exemption certificates  

SECTION 43   EXEMPTION CERTIFICATES FOR CERTAIN INTERESTS IN TENEMENTS AND MINING, PRODUCTION OR EXPLORATION ENTITIES  

43(1)    

A foreign person may apply for a certificate under this section (a tenements and mining, production or exploration entities certificate ) if the foreign person or any other foreign person proposes to acquire:

(a) either:

(i) one or more kinds of interests in a tenement; or

(ii) one or more kinds of interests in securities in a mining, production or exploration entity; and

(b) those kinds of interests are not interests in Australian land.

Note: See also Part 6 (fees) and section 135 (manner of notification and application) of the Act.

43(2)    

The Treasurer may give a certificate if the Treasurer is satisfied that acquisitions of those kinds of interests by that foreign person are not contrary to the national interest.

43(3)    
The certificate must specify:

(a) the person (who may not yet be incorporated or established) to whom the certificate relates; and

(b) the kinds of interests to which the certificate relates.

Note: For other things that the certificate may specify, see section 60 of the Act.

43(4)    

For the purposes of subsections 45(3) and 49(2) of the Act, an action is not a significant action or a notifiable action if:

(a) the action is an acquisition by a foreign person of an interest in securities or in a tenement; and

(b) the foreign person is specified in a tenements and mining, production or exploration entities certificate; and

(c) the interest is of a kind specified in the certificate; and

(d) the conditions (if any) specified in the certificate are met.