Classification of land under the Mining Act 1992

Land in NSW can be classified in different ways under the Mining Act 1992 (Mining Act), including as a reserve, a mineral allocation area and a controlled release area.

The classification of land within a proposed licence or lease area can have implications for the lodgment and determination of applications for the grant of exploration licences, assessment leases and mining leases. 

Protected or mining reserves 

What is a mining reserve?

The NSW Governor may, by order, create a protected ‘reserve’ over land under section 367 of the Mining Act. A protected reserve can prevent authorities from being granted in that area. Protected reserves are also known as ‘mining reserves’ and are identified by numbers (e.g. Mining Reserve No. 3040). 

A mining reserve can also be amended or revoked by a subsequent order by the NSW Governor. 

When reserves are established, the boundaries of the area are clearly defined, including specifying whether the reserve extends to the surface of land, subsoil below the surface or to a specified depth below the surface of land. The reserve may also direct what type of authorities including exploration licences, assessment leases, or mining leases, cannot be granted over the land. 

Historical mining reserves that were established before the commencement of the Mining Act remain valid and continue to have effect. 

How to find mining reserves?

MinView, is the department’s web map application which has a layer that shows where gazetted mining reserves are in NSW. 
Reserves can be viewed using the following instructions:

• Go to MinView.
• Click ‘Add layer’ from the left-hand side panel and select ‘Titles administration’ from the available options and then select ‘Restrictions’. The drop-down arrow on this selection will then allow you to select ‘Mining reserves’ to display the protected reserves as well as outline the restrictions that apply to each of them.

The MinView page also provides further information, a user guide, and technical support.  

Further information on the boundaries and restrictions that apply to reserves can be found by searching for the order that established, amended or revoked the reserve in the NSW Gazette.

What happens when an application for an authority is within a mining reserve?

The following applications require the applicant to identify whether their proposed licence or lease area includes a mining reserve:

• Apply for an exploration licence 
• Apply for an assessment lease 
• Apply for a mining lease 

If one of the above applications includes land in a mining reserve in which the authority cannot be granted, the application does not apply to that area. The applicant must also confirm that they understand that their licence or lease will not be granted for the area that overlaps with the reserve. 

When a decision-maker of the department determines whether to grant the licence or lease, the reserve area cannot be part of the licence or lease area. 

Mineral allocation areas

What is a mineral allocation area?

Mineral allocation areas allow the NSW government to control the release of authorities for certain mineral groups, known as allocated minerals, in a defined area to meet government policy goals and objectives. 

The Governor can designate mineral allocation areas and allocated minerals by an order published in the NSW Gazette under section 368 of the Mining Act. The order can be amended or revoked by a subsequent order. 

More than one mineral allocation area can be gazetted over any land. 

How to find a mineral allocation area?

Currently, the entire state of NSW has been designated as a mineral allocation area for the following minerals:

• Group 9A (oil shale) minerals.
• Group 11 (thorium and uranium) minerals.
• Group 12 (hydrogen and non-metals) minerals. 

Limited parts of NSW have also been designated as mineral allocation areas for the following:

• Group 5 (clay minerals) minerals.
• Group 8 (geothermal energy) minerals.

Details of the minerals within the above groups of minerals are in Schedule 2 of the Mining Regulation 2016 (Mining Regulation).

MinView, the department’s web map application has a layer that shows where current mineral allocation areas are in NSW. 
Mineral allocation areas can be viewed using the following instructions:

• Go to MinView.
• Click ‘Add layer’ from the left-hand side panel and select ‘Titles administration’ from the available options and then select ‘Mineral Allocation Areas’. The drop-down arrow on this selection will then allow you to select which particular ‘Mineral Allocation area’ for which group of minerals is displayed.

The MinView page also provides further information, a user guide, and technical support.  

Further information on mineral allocation areas can be found by searching for the order that established, amended or revoked the mineral allocation area in the NSW Gazette.

What happens when an application for an authority is for an allocated mineral in a mineral allocation area?

The following applications require the applicant to identify whether their proposed licence or lease includes an allocated mineral or group of minerals within a mineral allocation area:

• Apply for an exploration licence
• Apply for an assessment lease
• Apply for a mining lease

Applications for the grant of an authority for an allocated mineral within a mineral allocation area can only be made in certain circumstances as outlined in sections 13(3), 33(3) and 51(3) of the Mining Act.

If an applicant is using the Titles Management System Portal to lodge their application, the portal will automatically flag whether their proposed licence or lease is within a mineral allocation area. 

For an application for an exploration licence for an allocated mineral within a mineral allocation area, the applicant must have the Minister’s consent to lodge their application. 

For an application for an assessment lease for an allocated mineral within a mineral allocation area, the applicant can only lodge their application under one of the following circumstances:

• The applicant has obtained the Minister’s consent to lodge the application, or
• The applicant is the holder of an exploration licence or mining lease over the proposed assessment lease area for the allcated mineral or group of minerals.

For an application for a mining lease for an allocated mineral within a mineral allocation area, the applicant can only lodge their application under one of the following circumstances:

• The applicant has obtained the Minister’s consent to lodge the application, or
• The applicant is the holder of an exploration licence, assessment lease or mining lease over the proposed mining lease area for the allocated mineral. 

To request the Minister's consent you can contact the department via titles@dpird.nsw.gov.au. If the Minister’s consent is granted, this will be in written form which must be provided as an attachment to the application for the authority.
If the applicant cannot satisfy the circumstances outlined above for the grant of authority for an allocated mineral within a mineral allocation area, the application cannot be made and so if lodged, will be refused. 

Controlled release areas

What is a controlled release area?

The Minister can order an area of land to be a ‘controlled release area’ for specified minerals or a particular group of minerals. The order is published in the NSW Gazette under section 368A of the Mining Act. 

Such an order will establish where the controlled release area is and state what type of mineral or groups of minerals are considered a ‘controlled release mineral’. Controlled release areas can be amended or revoked by a subsequent order. 

Coal is a controlled release mineral for the entire state of NSW. There are no other controlled release areas for any other mineral or group of minerals.

What happens when an application for an authority is for a controlled release mineral in a controlled release area?

Depending on the authority applied for, applications can only be made in circumstances set out in sections 13(3A), 33(3A) and 51(3A) of the Mining Act. 

Coal is a controlled release mineral for the entire state of NSW. This means that applications for the following authorities can only be made in circumstances outlined below:

• Apply for an exploration licence
• Apply for an assessment lease
• Apply for a mining lease

For an application for an exploration licence for Group 9 (coal) minerals, the applicant can only lodge their application if one of the following applies: 

• The applicant is responding to an invitation by the department for a competitive selection process under Schedule 1A of Mining Act.
• The applicant is an existing authority holder applying for an operational allocation licence under section 13C of Mining Act.
• The applicant is the Secretary of the department who is acting on behalf of the Crown for a pre-competitive exploration licence under section 13D of the Mining Act.

For an application for an assessment lease for coal, the applicant can only lodge their application if one of the following applies:

• The applicant is a holder of an exploration licence for coal or a mining lease for coal over the proposed assessment lease area, or
• The applicant is responding to an invitation by the department for a competitive selection process under Schedule 1A of Mining Act.

For an application for a mining lease for coal, the applicant can only lodge their application if the applicant is a holder of an exploration licence for coal, an assessment lease for coal or a mining lease for coal over the proposed mining lease area.

Where holding an existing coal authority is a prerequisite to an application for a controlled release mineral, the applicant must identify the coal authorities that they hold over their proposed licence or lease area.  

If the application does not come within one of the circumstances outlined above for the grant of authority for coal, the application cannot be made and so if lodged, will be refused. 

Overview of legislation and regulation

Legislation and regulation   

The key legislative and regulatory provisions relevant to the classification of land include:

• Reserves – section 367 of the Mining Act.
• Mineral allocation areas – section 368 of the Mining Act.
• Controlled release areas – section 368A of the Mining Act.