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Title conditions

In NSW, no-one can undertake exploration or mining activities until they are granted authorisation under the Mining Act 1992

Mine rehabilitation title conditions

In NSW, an authorisation under the Mining Act 1992 must be granted by the Minister for Regional NSW, Industry and Trade before anyone can undertake exploration or mining activities. Authorisations are commonly referred to as ‘titles’ and include the following:

Exploration licences – an EL gives the title holder exclusive rights to explore for a specific mineral group/s within a designated area. An EL does not permit mining.

Assessment leases – an AL gives the title holder exclusive rights to continue to explore for a specific mineral group/s within a designated area. It enables a title holder to continue ownership of a title over an area during the period between exploration and mining. An AL is typically held over land to facilitate a detailed assessment of the economic viability of a future mining project. An AL does not permit mining.

Mining leases - a ML gives the title holder the exclusive right to mine for minerals or conduct mining-related activities over a specific area of land. To be granted a mining lease, companies must demonstrate the presence of an economically mineable mineral resource within the area of the proposed mining lease. They must also demonstrate the financial and technical resources to carry out any mining in a responsible manner. A development consent under the Environmental Planning and Assessment Act 1979 (NSW) must also be in place before a ML can be granted.

Titles are granted by Mining, Exploration and Geoscience with Regional NSW.

Conditions are imposed on titles to ensure:

  • potential impacts on the environment are minimised
  • disturbed land is progressively rehabilitated as exploration and mining progresses
  • a security bond is lodged with the department to cover the government’s full costs in undertaking rehabilitation in the event of default by the title holder
  • title holders provide annual reports on the progress of rehabilitation

The NSW Resources Regulator is responsible for regulating compliance with title conditions.
The standard conditions of titles can be downloaded from the Mining, Exploration and Geoscience website at Standard conditions