Chapter 07
Personal Property
7.8 Excluded property - Northern Territory
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7.8.1

This and other sub sections in this Chapter are reasonably comprehensive (but not exhaustive), State by State lists of rights and licences granted under Commonwealth and State legislation that are excluded from being personal property for PPSA purposes under those laws. The list is based on legislation passed and bills introduced at the time of writing.

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7.8.2

Northern Territory

In the Northern Territory the implementing legislation for the PPSA is the Personal Property Securities (National Uniform Legislation) Implementation Act 2011 (NT).

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7.8.3

Under that law, the following mining related rights, licences and tenements are excluded from being personal property in the Northern Territory for the purposes of the PPSA:

    1. mining interests, and interests in mining interests, under the Mining Act (NT);

    2. access authorities, exploration permits, retention licences, production licences, and interests in any of them, under the Petroleum Act 1984 (NT);

    3. access authorities, permits, leases, licences, pipeline licences, and interests in any of them, under the Petroleum (Submerged Lands) Act 1981 (NT); and

    4. geothermal authorities and geothermal authority interests under the Geothermal Energy Act 2009 (NT).

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7.8.4

The following other (non-mining) statutory rights and licences are excluded from being personal property in the Northern Territory for the purposes of the PPSA:

  1. electricity licences under the Electricity Reform Act 2000 (NT);
  2. licences under the Energy Pipelines Act 1981 (NT);
  3. licences under the Fisheries Act 1988 (NT);
  4. casino licences and certain other licences under the Gaming Control Act 1993 (NT);
  5. licences, special licences and permits under the Liquor Act 2019 (NT);
  6. tobacco retail licences under the Tobacco Control Act 2002 (NT);
  7. licences under the Totaliser Licensing and Regulation Act 2000 (NT); and
  8. licences under the Water Supply and Sewerage Services Act 2000 (NT).

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7.8.5

The Northern Territory has also declared many statutory rights to be non-transferrable. The intention not entirely clear, but the effect appears to be to render such rights incapable of being the subject of security interests, just as if they were declared not to be personal property for the purposes of the PPSA. If rights are not transferrable, then they cannot be the subject of a security interest because a security interest transfers rights in personal property.

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