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The Queensland Court of Appeal has confirmed that the registration of an agreement, arrangement, dealing or interest in or in relation to an EPM does not give the holder of that interest priority over the interests of a subsequent registered assignee.
In D'Aguilar Gold Ltd -v- Gympie Eldorado Mining Pty Ltd [2007] QCA 158, the Queensland Court of Appeal considered an appeal by D'Aguilar Gold Limited (D'Aguilar) regarding the interpretation of section 158 of the Mineral Resources Act 1989 (Qld) (MRA) and the protection provided to the holder of a registered interest in an EPM as against a subsequent registered assignee of that EPM.
The facts of the case were (in summary) that D'Aguilar had entered into an agreement with the then holder of an EPM, Gympie Eldorado Gold Mines Pty Ltd (Gympie No.1). Pursuant to the agreement, D'Aguilar acquired the exclusive rights to explore within a certain part of the EPM and further, to apply for a mining lease in relation to that area. The agreement between the parties was recorded in the register maintained by the Chief Executive of the Department as a ‘farm-out agreement’.
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