Exploring in NSW

While landholders in NSW own the surface land of their properties, most sub-surface minerals belong to the State of NSW. The mining of these minerals contributes royalties, economic benefits and energy security for the people of NSW.

Before an explorer who holds an exploration licence or assessment lease (collectively termed ‘prospecting titles’) can access land for exploration, a written land access arrangement must be made between the landholder and the prospecting title holder. The purpose of a land access arrangement is to ensure the orderly search for resources, while recognising the rights of landholders to conduct their activities without unreasonable interference or disturbance.

For more information relating to land access visit:

• Landholders guide to exploration
• Information for landholders
• Information for explorers

All exploration licences and assessment leases are granted, renewed and transferred subject to statutory conditions and other special conditions included in the title instrument.

The standard conditions relate to environmental protection, management and rehabilitation, compliance with codes of practice, community consultation, security deposits and reporting.

For more information about the current general conditions that may be imposed on a prospecting authority, go to General conditions for mining and exploration page. 

Exploration licences are subject to a statutory condition that states that explorers must not carry out assessable prospecting operations unless an activity approval has been first obtained. Some exploration activities may also be subject to additional environmental approvals, depending on the proposed activity.

Explorers can undertake exempt development exploration activities without the need for further approval once an exploration licence or assessment lease is granted.

Although there are obligations and conditions imposed on exploration licences and assessment leases under the Mining Act, there may be other obligations and approvals required under other legislation. For example, obligations and approvals may be required under the Fisheries Management Act 1994, Forestry Act 2012, National Parks and Wildlife Act 1974, Protection of the Environment Operations Act 1997, Water Act 1912 and Water Management Act 2000.

It is the responsibility of the title holder to identify, understand and comply with any other obligations.

For information about codes of practice you can look up information on:

• community consultation (PDF, 341.69 KB)
• produced water management (PDF, 919.07 KB)
• rehabilitation (PDF, 547.44 KB)
• environmental management (PDF, 566.02 KB)

An exploration licence or an assessment lease may be renewed when the requirements for renewal have been met and doing so is consistent with the objects of the Mining Act.

NSW Resources has developed a Renewals policy for mineral and coal exploration licence and Policy on the grant and renewal of mineral and coal assessment leases (PDF, 214 KB).

To renew, title holders must demonstrate they are conducting their operations in an environmentally responsible manner and in accordance with their conditions.

Title holders must also demonstrate that rehabilitation is being carried out to the satisfaction of NSW Resources. Renewal applications may be refused because of unsatisfactory environmental performance or because of failure to meet the conditions of the title.

Renewal applications must be lodged using the relevant form or electronically in the Titles Management System within the period of 3 months before the licence ceases to have effect, i.e. up to 3 months before the expiry date, including on the expiry date.

For more information, refer to the Apply to renew an authority page. 

Holders of exploration licences and assessment leases must submit periodic reports on their exploration activities electronically.

For details on what title holders need to do go to our Exploration reporting page for forms, guides and frequently asked questions.

Reporting of environmental incidents is a requirement for all exploration activities. Go to our Incident reporting page for full details.

The Resources Regulator is responsible for investigating community complaints and certain environmental incidents.

All exploration licence and assessment lease holders are required to lodge a security deposit.

The security deposit must cover the NSW Government’s full costs in undertaking rehabilitation in the event of default by the title holder. The title holder is required to provide NSW Resources with an estimate of rehabilitation costs (XLSM, 918.19 KB).

NSW Resources is responsible for determining when rehabilitation has met the required standard, taking into account the rehabilitation objectives and completion criteria, before the title is relinquished and the security deposit released.

Title holders must undertake progressive rehabilitation (PDF, 109.26 KB) over the life of the project. Before relinquishing part or all of an exploration authority, the title holder must demonstrate that all environmental obligations have been met and that rehabilitation has achieved the required standards. The security deposit will be refunded once a rehabilitation completion report has been submitted, showing rehabilitation is complete.