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Introduction
Mineral allocation areas
Why obtain a mining lease?
Which minerals may I apply for? (Regulation 4 and Schedule 1)
How big can my mining lease be?
How long can I have it for? (Section 71)
Which form do I use
How do I specify the area I want? (Section 51(3)(a), Regulation
13)
What should accompany my application? (Sections 51(2) and
(3)(a)(b)(c)(d)(e))
Where do I lodge my application? (Section 51(2)(b)
Who do I have to tell? What do I have to tell them? When do I have to tell
them? (Schedule 1 Clause 21(3))
What affect does Native Title have on my application?
Where can I go for help?
Guidelines for diagrams required for newspaper publication
in respect of mining lease applications
Mining Registrars
This brochure explains the procedures involved in applying for a mining lease to mine on State lands that do not extend beyond the territorial sea base line (generally the low water mark). Beyond the territorial sea base line special legislation such as the Offshore Minerals Act 1999 applies.
If you intend to apply for a mining lease, you are strongly advised to read the provisions of the Mining Act, 1992 and Regulations in conjunction with this brochure. The relevant provisions are referred to in this brochure.
The Mining Act 1992 provides that any land may be constituted as a Mineral Allocation Area for specified minerals or group of minerals (Section 368). Mineral Allocation Areas have been constituted over the Sydney, Gunnedah and Oaklands Basins for Group 9 minerals (coal and oil shale) and over areas at Torrington and Crookwell for other minerals.
To apply for a mining lease for a specified mineral within these Mineral Allocation Areas, the Minister's consent is required (Section 51(4)), unless the applicant holds an exploration licence or assessment lease over the required area.
A mining lease allows the holder to mine. Unless you have reasonable indications of an economically mineable mineral deposit, you should not apply for a mining lease. An exploration licence may be a more appropriate title for you, so please consult the brochure on how to apply for such a title before you proceed any further.
In addition to allowing mining, a mining lease also permits prospecting operations and prescribed mining purposes to be conducted in association with mining operations.
If a lease is granted it will include:-
(i) a description, in the form of a plan, of the area granted.
(ii) a list of the mineral or minerals to which the lease applies.
(iii) the term of the lease.
(iv) the conditions of the lease. (The conditions generally provide for the protection of public and private interests, rehabilitation of the land, expenditure and reporting commitments, the lodgment of a security deposit, the payment of royalty etc.)
Your rights and duties are detailed in the Act and Regulations and you should refer to those. If you intend to obtain a lease you should also be aware that you cannot mine or carry out any mining purpose until the lease is granted.
A mining lease may be granted for any mineral or minerals defined under the Act. Your application must specify the mineral or minerals required.
There is no maximum area for a mining lease. However, if it is considered too large you may be requested to justify the size of the area sought.
There is no minimum area for a mining lease, but if you only require an area of 2 hectares or less it may be preferable for you to acquire a mineral claim. (See How To No. 6).
The maximum term is 21 years or such longer period as the Minister, with the concurrence of the Premier, may determine. The lease is renewable.
The application must be made on Form 6 or on a form to the effect of Form 6. The form is available from the Department's Head Office at St Leonards and from Local Offices of the Department in country centres.
To specify the area you are applying for, your application must be accompanied by:-
A standard map is:-
(a) a standard topographic-cadastral map at the scale of:
(i) 1:25,000; or
(ii) if a map at the scale of 1:25,000 is not available, 1:50,000; or
(iii) if maps at the scale of 1:25,000 or 1:50,000 are not available, 1:100,000, published by the Department of Land and Water Conservation, the Department of Mineral Resources or the Australian Surveying and Land Information Group; or
(b) if a map referred to in paragraph (a) is not available, a cadastral map published by a Government Department or public authority, whether of New South Wales or of the Commonwealth; or
(c) if maps referred to in paragraphs (a) and (b) are not available, an aerial photograph or a topographic map of a standard acceptable to the Director-General.
Before lodging your application be sure that the area shown on the plan or map is consistent with the bearings and distances given. Failure to do this may well lead to the refusal of your application.
Ideally every application should be accompanied by a topographic-cadastral map, even those where a survey plan is provided.
Your application must be accompanied by:-
(a) a description of the area sought (as discussed previously)
(b) an assessment of the mineral bearing capacity of the land and of the extent of any mineral deposits in that land.
(c) details of available finances to substantiate that you have sufficient liquid funds to carry out the proposed mining operations:-
The information should include -
(i) for Individuals - a letter from a bank, other financial institution, accountant confirming funds available etc.
(ii) for Companies - the latest annual report or audited accounts. In the case of parent or related company providing finance, a letter guaranteeing or undertaking to provide finance from that company.
(d) details of the technical advisors available.
(e) details of the work proposed to be carried out in the area.
(f) the fee which is currently:-
Please note that in addition to this fee a lease grant fee will normally be required prior to the issue of a lease.
(g) particulars of the status of the land; and the reserves, roads, catchment areas, forests, aboriginal land claims and environmental planning instruments affecting the land. Such particulars to be completed by an officer of the local office of the Department of Land and Water Conservation or Western Lands Commission, a registered surveyor, survey drafting officer or property officer.
(h) A diagram, of a size and quality appropriate for newspaper publication, indicating the general location of the land and its boundaries. Guidelines for the preparation of this diagram are at the back of this brochure.
(i) a copy of the Minister's consent to apply for an allocated mineral within a Mineral Allocation Area, if applicable. If the required area is covered by an exploration licence or assessment lease for that mineral held by the applicant, then Ministerial consent is not required.
In addition to the above statutory requirements, you will be required to provide certain other information as set out in the application form (Form 6).
Your application must be lodged with a Mining Registrar. A list of these is included in this brochure.
Receipt of your application will be acknowledged and you will be informed in that letter of the number given to your application. Any queries regarding the processing of your application should quote the application number.
You have to tell:
The landholders by serving a notice within 21 days after lodging the application. It should be noted that the definition of "landholder" in the Mining Act 1992 includes native title holders. Under the Mining Act 1992 the expression "native title holder" has the same meaning as it has in the Commonwealth Native Title Act.
Section 224 of the Commonwealth Native Title Act 1993 states :-
"The expression native title holder, in relation to native title, means:
This means that both determined and common law native title holders must be notified of the lodgment of the application.
If a determination has been made that native title exists, notice must be served on the registered native title body corporate in relation to the land.
If there has been no approved determination of native title, notice to any native title holders may be given by serving notice on New South Wales Native Title Services Limited and on any registered native title claimants in relation to the land [refer to Section 103 of the Native Title (New South Wales) Act 1994].
The notice must:-
(i) state that the application has been lodged;
(ii) contain a description (as previously discussed) of the land sought; and
(iii) state that objections to the granting of the lease on the grounds that the land is agricultural land and claims with respect to valuable works and structures on the land may be made to the Minister within 28 days after the date of service of the notice.
You must also tell:
The Director-General, Department of Mineral Resources by lodging, within 21 days after the date the notices were served on the landholders, the following:-
(a) a copy of every notice served on a landholder; and
(b) a statutory declaration to the effect that the notice was served and setting out the name and address of each landholder served with a notice.
Finding out who the landholders are is important and often can be quite a time consuming task. The definition of "landholder" in the Mining Act, 1992 is as follows:-
"landholder means, in relation to any land:
but does not include a person of a class prescribed as outside the scope of this definition."
The definition of "landholder" includes those determined to be landholders. The Director-General has, in accordance with the Regulations, recognised the Forestry Commission of New South Wales and the Hunter Water Corporation Limited as landholders of land within New South Wales under their control.
The most effective method of determining landholders is to search the records of the Registrar-General. For native title, searches should be made of the registers maintained by the Registrar of the National Native Title Tribunal.
The Department has prepared a comprehensive information leaflet entitled Administration of Mining Legislation in NSW in the Light of the Commonwealth's Native Title Act (49 kb PDF) which includes:
In most cases a mining lease cannot be granted over native title land unless the "Right to Negotiate" provisions of the Commonwealth Native Title Act 1993 have been complied with. However, in certain circumstances, these provisions do not apply. If your application affects land that may be subject to native title you should discuss the matter with the Department or your Legal Advisors.
The Department's Titles Branch is available to assist you about the procedures involved in making a mining lease application.
Applications are processed by Titles Branch on a regional basis and if you require advice by telephone on a particular application you should ring one of the following numbers.
Mining Division/s |
Telephone |
| Armidale/Coffs Harbour/Inverell/Singleton ("minerals") | (02) 9901 8327 |
| Armidale/Coffs Harbour/Inverell/Singleton ("coal") | (02) 6572 4200 |
| Sydney/Wagga Wagga ("minerals") | (02) 9901 8488 |
| Sydney/Wagga Wagga ("coal") | (02) 9901 8573 |
| Broken Hill/Cobar | (02) 9901 8315 |
| Orange ("minerals") | (02) 6392 6345 |
| Orange ("coal") | (02) 9901 8573 |
| Lightning Ridge | (02) 9901 8315 |
The diagram:-
Examples of acceptable diagrams are shown below.
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Mining Registrars are officers of the Department of Mineral Resources. Inquiries may be made at the following addresses:
Armidale *
Broken Hill
Cobar *
Coffs Harbour *
Inverell *
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Lightning Ridge
Orange
Singleton
Sydney
Wagga Wagga *
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* The Mining Registrars for these locations are located in the Sydney Head Office.
These notes are in accordance with the provisions of the Mining Act, 1992 as at 6th March 2002 and advice should be sought from the Department or a Mining Registrar as to whether any changes have occurred.
Department of Mineral Resources
29-57 Christie Street, St Leonards NSW 2065
(PO Box 536, St Leonards NSW 1590)
Titles Branch Fax: (02) 9901 8493
E-mail: goodacrr@minerals.nsw.gov.au
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© New South Wales Department of Mineral Resources, Australia
1996-2002. |