Overview of the application process

This section provides an overview of the application process for obtaining approval for granting, renewing, transferring and cancelling authorities under the Mining Act 1992 (Mining Act).

This page is to assist applicants and holders of authorities for minerals (including coal) to navigate the application journey from pre-lodgement to post-determination.

This section provides guidance for the following applications:

Apply for an exploration licence
Apply for an assessment lease
Apply for a mining lease
Apply to renew an authority
Apply to transfer an authority
Apply for devolution of an authority
Request cancellation of an authority

Prepare your application

All applications under the Mining Act typically require you to prepare and lodge supporting information and/or documents with your application.

To assist in preparing your accompanying documentation, please refer to “What information or documents are required to accompany an application?” heading under the relevant application page:

Apply for an exploration licence
Apply for an assessment lease
Apply for a mining lease
Apply to renew an authority
Apply to transfer an authority
Apply for devolution of an authority
Request cancellation of an authority

There is also a document checklist within each application page to help you.

All information and documents specified in the relevant application should be prepared before lodging your application.

If you do not supply the required information and/or documents within the required timeframes, the department may reject it as an incomplete application.

There are also various advertising requirements, guidelines and policies you may need to follow when preparing your application.

Lodge your application

The department’s preferred method for lodging applications is online through the Titles Management System (TMS) Portal. The TMS Portal also provides end-to-end case management and tracking of applications.

You, or your appointed agent, can use the TMS Portal to electronically lodge applications under the Mining Act.

For assistance in using the TMS Portal, please refer to the TMS webpage or the TMS User Guide (PDF, 2.33 MB).

Alternatively, you can download a copy of the relevant application form as a Word document from the Mining Act forms page. The form, including any attachments can then be lodged in the following ways:

By the TMS Portal
By email: titles@dpird.nsw.gov.au
By mail: NSW Resources, PO Box 344, Hunter Region Mail Centre NSW 2310
In person: At the department’s office, 516 High Street, Maitland, NSW on business days between 9.30am and 4.30pm
Facsimile: +61 2 4063 6973

Application fees

Lodging applications for granting, renewing, transferring and cancelling authorities requires paying an application fee. You can pay through direct deposit or credit card.

Please note that lodging an application to record the devolution of an authority holder does not incur an application fee.

To assist in calculating your application fees, see Mining Act fees for details. Application fees are calculated in accordance with Schedule 9 of the Mining Regulation 2016 (Mining Regulation).

If you are using the TMS Portal to lodge your application, TMS will automatically calculate the relevant application fee for you. You can also pay your application fee online using a credit or debit card within the TMS Portal.

If you are paying the application fee by deposit, you must provide a proof of payment document as evidence to accompany your application. Proof of payment is a copy of the deposit receipt issued by your banking authority.

If you need assistance in calculating your application fee or to make a payment by credit card over the phone, please contact us on (02) 4063 6600.

Acceptance of application

After your application has been lodged, the department will undertake an initial check of your application. The check stage is to determine if you have provided all the necessary information and/or documents required to accompany your application under the Mining Act.

You will receive an acknowledgement from the department on the status of your lodged application.
If your application is complete, your application will be accepted and proceed to the assessment stage.

If your lodged application is incomplete

If your application is an ‘incomplete application’ it is because you did not provide the necessary information and documents or pay the relevant application fee when you lodged your application.

Failure to pay the application fee or to provide necessary information within 10 business days of lodging your application, may result in a rejection.

Applications are rejected by a decision-maker of the department under section 381B of the Mining Act and clause 94AA(4)(a) of Mining Regulation.

If your incomplete application is rejected:

The department does not need to notify you beforehand.
It will be as if you never made the application.
It will not impact your compliance history.
You can lodge a new application in the future.

The department can also refuse your incomplete application under another section of the Mining Act. If you fail to provide any necessary information within 10 business days after your application is lodged, your application can be refused under Schedule 1B clause 6(d) of the Mining Act.

Public records and notification of gazettal of application

Once your application has been lodged and depending on the type of application, details of the application will be recorded and published on public registers and platforms including the:

Mining Titles Register

The Mining Titles Register (MTR) provides a public record of existing and historical exploration and mining titles. The MTR publishes a record of all applications lodged for granting, renewing, transferring and cancelling authorities, as required by section 159 of the Mining Act.

For further information on the MTR, refer to the Mining Titles Register page. Details on the various public registers maintained by the department can also be found on the public register page.

MinView

After you have lodged an application for the grant of an authority, your proposed application area will also be published in MinView.

MinView is the department’s web map application that provides free access to view, search, and download a comprehensive range of geoscientific and mining title data.

Instructions for finding exploration licences and mining leases, including lodged applications for authorities can be found on the Finding titles and licences page.

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

NSW Gazette

The department will publish a notice in the NSW Gazette when certain applications are lodged. These include applications for granting, renewing, approving the transfer, or requesting the cancellation of authorities.

The publication of the notice fulfils a requirement of section 136 of the Mining Act.

A notice is also published again once an authority has been granted, renewed, transferred or cancelled or the application has been withdrawn or refused.

Assessment of your application

The assessment stage involves having your application assigned to and reviewed by a case officer.

Once the case officer has completed their assessment, they will recommend either granting or refusing your application.

A decision-maker then considers the assessment report and recommendation made by the case officer before you are provided with a notice of proposed decision.

Assessment is undertaken based on the information provided with your application and in accordance with the Mining Act and the Mining Regulation. The steps involved in assessing your application are outlined below.

If further information is required

As part of the assessment of your application, the case officer may require additional information.

If further information is required, the contact person nominated in your application will be sent a written request. The written request will include a deadline to provide the required information. The request for further information is made under clause 5 of Schedule 1B of the Mining Act.

A request for further information will also have “stopped the clock” on the department’s timeframe for processing your application.

The stopping of the processing clock is in accordance with the department’s service delivery standards. The processing clock will restart once you have provided the required information.

If you fail to provide the requested information by the due date, your application may be refused by a decision-maker of the department.

If notification or referral to other government departments is required

As part of the assessment of your application, the department will determine whether a statutory notification or referral to another government agency is required.

Under the Mining Act and other relevant legislation, we are obligated to notify other government departments and/or statutory authorities depending on the circumstances of your application.

This process may result in us sending notifications or referrals to 1 or more government departments and/or statutory authorities.

If we receive advice in response to our notification or referral, it may result in a special condition being imposed on your authority should it be granted.

Fit and proper person

As part of the assessment of your application, the department will evaluate your compliance history .

If you have an unsatisfactory compliance history, a decision-maker of the department may assess whether you are a fit and proper person to hold an authority.

When determining if you are a fit and proper person, a decision-maker of the department may consider several factors. A person in this context includes an individual or a company (i.e. a body corporate). Factors that may be considered include:

Any compliance or criminal conduct issues
Your reputation and character, especially regarding honesty and integrity
Your financial capacity to comply with your obligations under the authority
Whether the authority will be in the hands of a technically competent person.

For companies, the fit and proper person assessment also considers the directors of the company.

For a full list of matters that are considered, please refer to cl89E of the Mining Regulation.

If a decision-maker is satisfied that you are not a fit and proper person to hold an authority, you will be notified that you are classified as a declared person under section 393 of the Mining Act. If as an applicant you are classified as a declared person, the decision-maker must reject your application to grant, renew or transfer the authority under section 394 of the Mining Act.

Service delivery standards

The department’s service delivery standards set timeframes for assessing and determining applications under the Mining Act. The department also publishes a quarterly report on key performance indicators as part of these standards.

The standards and reporting on the department’s performance can be found on the service delivery standards page.

Handling of personal information

The department’s privacy statement has details on how we handle your personal information that is collected to assess your application.

You can also request that your personal information be suppressed from the Mining Titles Register or any other public register held by the department by going to the How to request correction or suppression page.

If your application needs to be withdrawn

You can withdraw your application at any time.

For additional information about withdrawing your application, refer to the Withdrawing an application” section within the Other applications to manage an authority throughout its lifecycle page.

If your application needs to be amended

You may, with the consent of the decision-maker, amend your application at any time until the decision-maker determines your application.

Amendments include any changes to the application and any information or documents that accompany your application.

If you need to amend your application, you must request an amendment and it will be considered by the decision-maker.

An amendment of an application is made under section 382B of the Mining Act.

To amend your application, you must contact either your case officer directly or contact us via titles@dpird.nsw.gov.au.

The decision-maker will review the changes to your application. A written notice will then be sent to the contact person nominated on your application. If the decision-maker consents to the proposed amendment, the notice will confirm the amendment of your application by the decision-maker and the date your application was amended.

The assessment of your application will then continue.

Notice of proposed decision

Once the case officer has completed their assessment of your application for grant, renewal or transfer, a decision-maker reviews and considers the case officer’s assessment and recommendation in detail.

A notice of the proposed decision will then be sent to the contact person nominated on your application.

The notice of proposed decision will outline the decision-maker's proposed decision to either grant or refuse your application.

This is your opportunity to review and comment on the decision-maker’s recommendation if you wish to do so.

Please note that for the grant and renewal of authorities, the decision-maker may propose you either be granted all of the area you sought or only part of the area you sought. Additionally, the decision-maker may also propose a different term than what you sought.

The notice of proposed decision will also contain any next steps required such as payment of outstanding fees.

A notice of proposed decision is not issued when a request for cancellation of an authority has been received or when applying to record a new authority holder following devolution.

Paying fees and levies (grant of authorities only)

If your application for an exploration licence, assessment lease or mining lease is proposed to be granted, you will have to pay fees and levies.

Granting an exploration licence, assessment lease and mining lease all require paying an annual rental fee and an annual administrative levy. However, granting a mining lease also requires an additional mining lease fee.

You will receive the payment request as part of the notice of proposed decision that is sent to the contact person. You will also receive an invoice that contains details on how to pay the fees and levies.

You can pay your fees and levies through direct deposit or credit card. If you use direct deposit, you must provide us with a proof of payment document. Proof of payment is a copy of the deposit receipt issued by your banking authority.

The annual rental fee, annual administrative levy as well as the mining lease fee (if applicable) must be paid before your application for the grant of an authority is approved.

Annual rental fee

The annual rental fee is calculated based on the area of your proposed licence or lease, also known as the annual rental fee area.

The annual rental fee is determined as follows:

Exploration licences for minerals (Group 1-8, and 10-12) are calculated based on the number of whole units in the licence area.
Exploration licences for coal and oil shale (Group 9 and 9A) are calculated per hectare, per square kilometre or per square metre of the licence area.
Assessment and mining leases are calculated per hectare, per square kilometre or per square metre of the lease area.

The fee amount charged per unit, per hectare, per square kilometre or per square metre can be seen on the Mining Act fees page. The amount of the annual rental fee charged is in accordance with Schedule 9 of the Mining Regulation.

In calculating the annual rental fee area, there are also considerations if the licence or lease area covers part of an area. If the proposed exploration licence area has part of a unit outside NSW, then the part outside NSW is not included in the calculation of the annual rental fee area. If the proposed authority includes part of a hectare, square kilometre, or square metre, then the part is included in the calculation of the annual rental fee area.

The calculation of the annual rental fee and annual rental fee area is in accordance with clause 80 and clause 81 of the Mining Regulation.

The annual rental fee must be paid before your application is granted as per the requirements of section 292E(2) of the Mining Act. Additionally, once your authority has been granted, you must pay the annual rental fee for each year that you hold your authority.

Annual administrative levy

The annual administrative levy is calculated as 1% of the security deposit amount for the proposed authority. However, the minimum levy amount that can be charged is $100.

The amount of the annual administrative levy is calculated in accordance with clause 86 of the Mining Regulation.

Please note that the annual administrative levy must be paid before your application for an authority is granted as per the requirements of section 292I(3) of the Mining Act. Additionally, once your authority has been granted, you must pay the annual administrative levy for each year that you hold your authority.

Mining lease grant fee

The grant of a mining lease also requires paying a mining lease grant fee.

The mining lease grant fee is calculated based on the area of the mining lease in accordance with Schedule 9 of the Mining Regulation.

Please note that the mining lease grant fee must be paid before your application for a mining lease is granted as per the requirements of section 63(3A) of the Mining Act.

Lodging a security deposit (grant and transfer of authorities only)

All holders of authorities are required to lodge a security deposit with the department. The form of a security deposits can be either cash, or a deed of security deposit bond, also known as a bank guarantee.

The security deposit ensures we hold sufficient funds for rehabilitation in case you do not fulfil your rehabilitation obligations.
A decision-maker of the department determines the amount of security deposit required. There is a minimum deposit of $10,000 for exploration licences, assessment leases and mining leases. The minimum deposit amount is prescribed by clause 93 of the Mining Regulation.

For further information on security deposits and your rehabilitation obligations, refer to the security deposit page and providing a rehabilitation security deposit page as well as the Guideline: Exploration rehabilitation security deposits (PDF, 92.73 KB).

When to provide a security deposit

After you have lodged an application, you will be notified when to provide the security deposit. The timing depends on whether you have lodged an application for granting or transferring an authority.

If you have lodged an application to grant an authority, you will be requested to provide a security deposit. The notice of proposed decision that was sent to the contact person will specify the amount required.

You must lodge the security deposit before your authority can be granted as per section 261BA of the Mining Act.

When a transferor lodges an application for approval to transfer an authority, they will be asked how any cash-based security deposit provided for the authority will be handled. Either:

If the cash-based security deposit is nominated to remain with the authority, the deposit will be transferred with the authority when the transfer is registered.
If the cash-based security is nominated to be returned to the transferor, the department will request the transferee to provide a replacement security deposit.

The transferee must provide the replacement security deposit before the transfer is registered in accordance with section 261BAA of the Mining Act.

An authority holder that holds multiple exploration licences, assessment leases or mining leases can lodge a group security deposit for the grant or transfer of an authority.

A group security deposit is a single security deposit amount that covers all the nominated licences and leases.

If you are applying for the grant or transfer of an authority, you can add the authority to an existing group security deposit or lodge a request for a new group security deposit.

For further information about group security deposits, refer to Guideline: Exploration rehabilitation security deposits (PDF, 92.73 KB) and Guideline: Rehabilitation cost estimate (PDF, 260.63 KB).

How to lodge a security deposit

The security deposit can be paid by direct deposit, credit card (Visa, Mastercard or Amex only), or a deed or security deposit bond also known as a bank guarantee.

If you use direct deposit, you must provide a proof of payment document as evidence to accompany your application. Proof of payment is a copy of the deposit receipt issued by your banking authority.

The department does not pay any interest on cash-based security deposits.

If you are providing a bank guarantee, it must be issued by a financial institution supervised by the Australian Prudential Regulation Authority and meet the minimum prescribed credit rating standards, or be approved by NSW Treasury through a formal application process.

You also must use the department's approved Deed of Security Bond template for your bank guarantee.
For further information on how to lodge a security deposit, including a copy of the approved Deed of Security Deposit Bond templates, refer to the providing a rehabilitation security deposit page.

Determination of your application

The last stage of the application process is determining the outcome.

Final decision

Your application progresses to the decision-maker for consideration, as a delegate of the Minister or Secretary for a final decision. Additional information that has arisen since the notice of proposed decision, including any comments from you in response to that notice, will be taken into account as part of the decision-maker's consideration.

The Minister is the final decision-maker for granting exploration licences for coal.

A decision-maker within the department has the delegation to determine all other types of applications. This includes granting all other types of exploration licences, assessment leases and mining leases as well as all renewals and transfers.

A final decision is made to approve or refuse your application in accordance with the Mining Act and Mining Regulation.

For the grant and renewal of authorities, you may be granted all of the area you applied for or only part of the area you sought.

Additionally, you may also be granted a different term than what you originally sought.

If your application is approved, you will receive correspondence from the department including a letter of the decision made and a title instrument.

If your application is refused, you will receive correspondence stating the reasons for the decision.

Title instrument

A title instrument is a document created when an exploration licence, assessment lease or mining lease is granted, renewed or transferred.

A title instrument sets out the terms and conditions for your exploration and/or mining activities.

All exploration licences, assessment leases and mining leases granted under the Mining Act are subject to a set of general conditions and if applicable, special site-specific conditions.

Public records and notification of gazettal

Once the decision-maker has either granted or refused your application, details of the determination will be recorded and pulished on a variety of public registers and platforms including:

Mining Titles Register

The Mining Titles Register (MTR) provides a record of existing and historical dealings. The MTR publishes a record of all applications that are approved or refused for granting, renewing, transferring and cancelling authorities.

The department is required to maintain a public record in accordance with section 159 of the Mining Act.

Details on the public registers maintained by the department, can be found in the public register page.

MinView

The area of your approved authority is also updated in MinView.

MinView is the department’s web map application that provides free access to view, search, and download a comprehensive range of geoscientific and mining title data for NSW. There is also a MinView page that provides further information, a user guide, and technical support.

NSW Gazette

The department will also publish a notice in the NSW Gazette when your application has been determined.
Matters published include when an application for granting, renewing, approving the transfer, or requesting the cancellation of an authority has been approved or refused.

The publication of the notice fulfils a requirement of section 136 of the Mining Act.

DIGS

A copy of your title instrument is also published on DIGS (Digital Imaging Geological System).

DIGS is the department’s publicly accessible online collection of reports, publications and data. There is also a DIGs page that provides further information, a user guide and technical support.

Complying with your authority

The post-determination stage involves complying with your issued authority.

Information about managing your licence or lease

As the holder of an authority issued under the Mining Act, you may:

Apply to renew your authority
Apply to transfer your authority to another person
Request the cancellation of your authority

Additionally, you can also lodge various Other applications to manage an authority throughout its lifecycle.

Licence or lease conditions

After your authority has been granted, renewed, transferred, or devolved, you may commence or continue exploration and/or mining activities in accordance with its licence conditions.

All exploration licences, assessment leases and mining leases granted under the Mining Act are subject to a set of general conditions, statutory conditions and if applicable, special site-specific conditions.

As the holder of an authority, you must conduct exploration and/or mining activities as per the licence or lease conditions contained within your title instrument. Additionally, you must comply with any conditions imposed by the Mining Act and Mining Regulation.

If you hold a mining lease, there are also standard conditions prescribed by Schedule 8A of the Mining Regulation.
Contravention of your licence or lease conditions is an offence under the Mining Act.

Further information

The Mining Act and the Mining Regulation contain additional rights and responsibilities for authority holders.
Please note that the following information provides general guidance about some of your responsibilities. You should seek your own legal or other professional advice to ensure that you are complying with your authority and other obligations under the Mining Act.

If you are the holder of an exploration licence or assessment lease

There are also range of obligations that may apply throughout the term of your exploration licence or assessment lease. Further information on some of these obligations is available on the following pages:

Negotiating land access arrangements
Activity approval requirements
Annual exploration reporting
Incident reporting
Exploration code of practices
Exploration rehabilitation completion
Obtaining Minister’s consent to explore exempted areas
Seeking Minister’s consent for native title condition

This is not an exhaustive list of your obligations. Additional responsibilities may apply under the Mining Act, or as a condition on your authority.

If you are the holder of a mining lease

There are a range of obligations throughout the term of your mining lease. Further information on some of these obligations is available on the following pages:

This is not an exhaustive list of your obligations. Additional responsibilities may apply under the Mining Act, or as a condition on your mining lease.

Restrictions under other legislation

It is your responsibility as the holder of an authority to be aware of the restrictions on the exercise of your rights that exist under NSW and Commonwealth legislation.

If you are the holder of an exploration licence or assessment lease, you have an exclusive right to prospect for the minerals or groups of minerals on the land specified on your licence or lease. However, in accordance with section 45 of the Aboriginal Land Rights Act 1983, if the exploration licence or assessment lease relates to:

Group 1 minerals, then your licence or lease does not give you the right to prospect for any minerals except gold and silver on land vested in the NSW Aboriginal Land Council or a Local Aboriginal Land Council at the original date of grant of your authority.
Group 11 minerals, then your licence or lease does not give you the right to prospect for any minerals except uranium on land vested in the NSW Aboriginal Land Council or a Local Aboriginal Land Council at the original date of grant of your authority.

As the holder of an authority, you may also be required to obtain approvals and comply with requirements of other legislation when carrying out exploration and/or mining activities. Other relevant legislation includes, but is not limited to:

Further approvals

If you are the holder of an exploration licence or assessment lease, you may need to obtain further approvals before carrying out prospecting operations. It is your responsibility to ensure you have the necessary approvals in place before commencing prospecting operations.

Your licence or lease is subject to a statutory condition that you must not carry out ‘assessable prospecting operations’ unless an activity approval has first been obtained. Approval for undertaking an assessable prospecting operation is a requirement for exploration licences under section 23A of the Mining Act and for assessment leases under section 44A of the Mining Act.

Further information on lodging an application for an exploration activity approval can be found on the activity approval requirements page.

Approvals are also required if you are seeking to explore ‘exempted areas’ as defined in the Mining Act or explore on land on which native title has not been extinguished.

Further information on seeking the Minister’s consent can be found on the Other applications to manage an authority throughout its lifecycle page.

Fees, levies and royalties

There are ongoing payments in connection with your authority, including:

Annual rental fee.
Annual administrative levy.
Royalties (mining leases only).

Annual rental fee and annual administrative levy

You will receive an invoice from us regarding payment of your annual rental fee and annual administrative levy. The invoice served to you is considered a written notice for the purposes of section 292E and 292I of the Mining Act.

The annual rental fee is based on the area of your authority at the grant anniversary date multiplied by the appropriate rate as per Schedule 9 of the Mining Regulation, with a minimum amount of $100 rent.

The calculation of your annual rental fee is in accordance with clauses 80 and 81 of the Mining Regulation.

The annual administrative levy is based on 1% of your security deposit amount. The minimum levy amount that can be charged is $100. The annual administrative levy is calculated in accordance with clause 86 of the Mining Regulation.

Failure to pay your annual rental fee and/or annual administrative levy is an offence under section 292C(3) of the Mining Act.

Royalties

If you are the holder of a standard mining lease, you are liable to pay royalties on both publicly and privately owned minerals (including coal) that are recovered. However, for privately owned minerals, 7/8ths of the royalties that are collected are returned to the owner of the mineral.

If you are the holder of a mining (mineral owner) lease, you do not need to pay royalties on the privately owned minerals that are recovered.

The liability and rate of royalties payable are determined in accordance with Part 14 of the Mining Act.

For more information on royalties, please refer to the royalties page and the paying royalties page.

The role of the Resources Regulator

The Resources Regulator is responsible for compliance and enforcement activities under the Mining Act.

The Regulator is also responsible for the regulation of the state’s work health and safety at exploration and mine sites under the Work Health and Safety (Mines and Petroleum Sites) Act 2013.

Further information on the role of the Resources Regulator can be found on the Resources Regulator’s Our role page.