The registration and caveat systems under the mining act 1978 (WA): A Torrens clone?

The Mining Amendment Act 1996 (WA) effected significant changes to the registration and caveat provisions of the Mining Act 1978 (WA). It has been suggested that these amendments may have resulted in the reformed registration and caveat systems resembling the Torrens system of land registration more closely than was previously the case. If this is so, Torrens principles and precedent would provide valuable guidance in the interpretation of the amended registration and caveat provisions of the Mining Act. This paper considers the veracity of the claim and concludes that the effect of registration under the Mining Act is quite different from that under the Torrens system. The cornerstone of the Torrens system is the notion of indefeasibility. The courts have repeatedly emphasised the need to protect the integrity of the Torrens system by protecting the notion of indefeasibility where possible. By contrast, there is very limited indefeasibility protecting a registered interest under the Mining Act.