Introduction

All prospecting or mining for minerals prescribed under the regulations to the Mining Act 1992, whether publicly or privately owned, requires an authority (exploration licence, assessment lease, mining lease or a mineral claim in a Minerals Claim District) to be held.

Prior to 15 November 2010 certain areas were held under Private Mining Agreements (PMAs) under the provisions of the Mining Act 1992.  These provisions were repealed following the commencement of the Mining Amendment Act 2008.  Savings provisions allow PMAs to continue for a period of 12 months from 15 November 2010 to allow the mineral owner to apply for an authorisation to continue their operations.  Questions in relation to PMAs should be directed to the Titles Unit (Minerals) via e-mail to webmineral.titles@industry.nsw.gov.au or by phone on (02) 49316500.  

Extension of time to lodge an application

Due to slow response rate from industry, and the requirement that all mining be on an authority granted by 14 November 2011 the Mining Amendment (Transitional) Regulation 2011 was published on the NSW Government Legislation Website on 18 November 2011 which extended the transition period a further 12 months up to the 14 November 2012.  Note that the regulation applied retrospectively from 14 November 2011.

It is important that holders of PMAs and associated operators are aware that they should apply for an authority (ie mining title) as soon as possible .  The Department has tried to make contact directly with affected groups and their agents to advise them of these recent developments.  In order to allow sufficient time to process the applications which will once granted preserve the rights of any PMA holder any applications for an authority must include appropriate accompanying information to be lodged with the Department by 29 February 2012.

This should allow for the Department to work with affected parties to effect a smooth transition from PMAs to Mineral Owner Mining Leases or Mining Leases.

Where to find application forms?

For more information on applying for an appropriate authority see the instructions attached to the application forms. 

If you propose to mine or prospect for privately owned minerals, it is strongly recommended that you read the relevant sections of the Mining Act 1992, the Mining Regulation 2010  and the Mining Amendment ( Transitional) Regulation 2011 associated with the particular authority which you intend to apply for, in conjunction with this information.

How do I find out if the minerals in land are privately owned?

Mineral ownership is determined by a search of the mineral reservation shown on the original land grant of the land title at the Land Titles Office, and interpretation of the information gained from the search.  If applying for a mineral owner authority, you may be required to supply evidence from an Australian legal practitioner (Clause 14(2) of the Mining Regulation 2010).

What if the land is affected by a current exploration title?

If a privately owned mineral is not included in the group of minerals associated with the existing exploration licence, a mineral owner authority (exploration licence, assessment lease or mining lease) may be applied for over the land containing the privately owned mineral, but only by the owner of the mineral/s.

Note: There is nothing to prevent an authority for a different group of minerals to be applied for over the same area as an existing exploration licence.

What if the land is affected by a current mining title?

Questions in relation to land being affected by multiple mining titles should be directed to the Titles Unit via e-mail to webmineral.titles@industry.nsw.gov.au or by phone on (02) 49316500.

Where can I obtain further information ?

Staff from the Department’s Titles Unit are available to assist with the procedures involved in applying for titles and your rights and duties with respect to mining and prospecting of privately owned minerals. 

Further information can be found at: http://www.dpi.nsw.gov.au/minerals/titles/further-help.