What happens during the post-exploration phase on my land?

Once the explorer completes their exploration and rehabilitation activities on your land, further exploration may still be proposed.

Exploration on your land may be a one-off occurrence, or it could involve multiple exploration programs over time. Further exploration could be undertaken immediately by the same explorer or by other explorers at a later date.

Whether further exploration occurs depends on several factors, including the presence and potential of the mineral resource. Additionally, the explorer must hold a valid exploration licence, obtain relevant statutory approvals and there must be a relevant land access arrangement in place. 

In NSW, all minerals including coal, underneath your land are owned by the State, except in rare circumstances.

The discovery of a mineral or coal resource on your property does not guarantee that mining will occur. Further exploration may be proposed, either on your property or neighbouring lands depending on the potential of the resource. 

Exploration is an iterative process and generally has a staged approach as the understanding of the geology and mineral resource potential increases. If mineral occurrences are identified that indicate resource potential, further exploration and testing would be required to further define the resource potential. This may mean additional drilling at closer spacing, more sampling and geophysical surveys

More intensive exploration enables investigation of the size and properties of the mineral resource, which can be used to evaluate whether there is development potential. If a suitable resource is identified, further assessment activities may include economic and environmental studies to determine the viability of a potential mining operation.

If the mineral resource is viable, the explorer and/or another company may apply for an assessment lease or a mining lease. A mining lease can only be granted if there is appropriate development consent under the Environmental Planning and Assessment Act 1979, and other relevant approvals.

Where exploration does progress to mining, the timeframe for this process is often years. However, most exploration activities do not result in mining, even if mineral resources are found on your land.

After surface disturbing exploration activities have been completed, the explorer must rehabilitate all areas that have been disturbed.

Rehabilitation ensures that the land is in a safe and stable condition that can support the post-exploration land-use. This could involve, for example, returning the disturbed land to agricultural production or restoring native ecosystems.

Rehabilitation is considered completed by the department when it has met the required standard as set out in the rehabilitation objectives and completion criteria required by the Exploration Code of Practice: Rehabilitation. 

To ensure rehabilitation is successful, the explorer may need to monitor the site for a period of time. If there are issues with the rehabilitation site, such as failure to establish vegetation or erosion, the explorer may need to do more rehabilitation work.

If you are not satisfied with the explorer’s rehabilitation efforts, refer to What if I am not satisfied with the completed rehabilitation? on the exploration and rehabilitation phase page.

The explorer must demonstrate the successful rehabilitation of your land to the department. The department will assess whether the rehabilitation has met the required standards. If the department is satisfied, the explorer will receive written confirmation of satisfactory rehabilitation completion.

Explorers must demonstrate that they have successfully rehabilitated all land disturbed by their exploration activities. They can do this by submitting a rehabilitation completion application to the Resources Regulator. 

The rehabilitation completion application seeks the department’s formal confirmation that rehabilitation has been satisfactorily completed. 

Explorers can submit their application after rehabilitation has been completed on a single landholder’s property or across multiple properties. 

The application requires explorers to provide detailed information on their rehabilitation activities, including:

• Total area disturbed and rehabilitated
• Photographs of each site before, during and after rehabilitation
• Maps showing the location of rehabilitated sites
• A description of rehabilitation activities undertaken for each disturbed site
• Evidence of meeting rehabilitation objectives and completion criteria
• Details of borehole sealing and backfilling
• Whether the landholders are satisfied with rehabilitation, which could include a landholder rehabilitation statement 

The Resources Regulator assesses the rehabilitation completion application to determine whether rehabilitation meets the required standards. This assessment considers the following: 

• Compliance with the mandatory requirements of the Exploration Code of Practice: Rehabilitation
• Achievement of the final land use, including meeting the rehabilitation objectives and rehabilitation completion criteria
• Compliance with licence conditions
• Whether the landholder/s are satisfied with the standard of rehabilitation on their land

If the department determines that rehabilitation meets the required standards, the explorer will receive written confirmation of satisfactory rehabilitation completion. 

For more information, refer to the Exploration rehabilitation completion page.

For more information about potential rehabilitation activities on your land, refer to the What happens during exploration and rehabilitation on my land? page.  

After rehabilitation has been undertaken on your land, the explorer may wish to confirm if you are satisfied with the rehabilitation by asking you to sign a landholder rehabilitation statement. 

If you are satisfied with the rehabilitation of the areas disturbed by exploration activities, you may choose to sign this statement.

The landholder rehabilitation statement is not mandatory for explorers. However, a signed landholder rehabilitation statement is considered by the department when determining whether rehabilitation has been satisfactorily completed.

If you are not satisfied with the rehabilitation, do not sign the landholder rehabilitation statement. Instead, discuss your outstanding concerns with the explorer and refer to What if I am not satisfied with the completed rehabilitation? on the exploration and rehabilitation phase page.

The explorer may attach your signed landholder rehabilitation statement to their rehabilitation completion application that they submit to the department. 

For more information, refer to Exploration rehabilitation completion page. 

Before the department grants or transfers an exploration licence, explorers must lodge a security deposit. The minimum amount for the security deposit is $10,000. If explorers undertake higher impact exploration activities, they may be required to provide an additional security deposit. 

Security deposits ensure that the department can cover the costs of rehabilitation if explorers fail to meet their rehabilitation obligations.

Once explorers’ complete exploration and rehabilitation activities, they can submit a rehabilitation completion application to the Resources Regulator. As part of this application, explorers can also request the full or partial return of their security deposit. 

Explorers can request a partial return of their security deposit when they complete partial or progressive rehabilitation on a portion of their licence area. This may occur after the rehabilitation of higher impact exploration activities. 

Explorers can request the full return of their security deposit when they complete all rehabilitation activities across their entire licence area. This typically occurs when the explorer intends to relinquish their licence. 

The department will only return the security deposit to the explorer if rehabilitation has been satisfactorily completed. 

For more information, refer to security deposit and exploration rehabilitation completion page.

If you are not satisfied with rehabilitation carried out on your land, refer to What if I am not satisfied with the completed rehabilitation? on the exploration and rehabilitation phase page. 

If rehabilitation hasn’t been undertaken, or if the department isn’t satisfied with the completed rehabilitation, the security deposit won’t be returned to the explorer. The security deposit held by the department can be used by the department to complete necessary rehabilitation in the event the explorer does not meet their rehabilitation obligations, as a last resort.

If the rehabilitation remains unsatisfactory, you can raise your concerns with the Resources Regulator.

For more information on reporting unsatisfactory completed rehabilitation to the Resources Regulator, refer to the incident reporting page. Alternatively call 1300 814 609 for all Resources Regulator enquiries. 

The Resources Regulator has various regulatory tools to ensure explorers meet their rehabilitation obligations to the required standards. This may include issuing an enforceable direction that requires the explorer to rehabilitate the land impacted by their exploration activities.

The Resources Regulator may also conduct site inspections to assess the explorer’s rehabilitation efforts and compliance with any issued directions. 

For more information, refer to Exploration rehabilitation completion page

A land access arrangement typically ends in accordance with its terms and conditions. 

These terms and conditions should specify the duration of the arrangement and any circumstances under which it can be terminated, varied or extended. This would normally have been discussed as part of your negotiations for a land access arrangement. 

Review your land access arrangement to check when the arrangement ends and what circumstances can cause its termination. 

Yes. When a land access arrangement is due to expire, either you or the explorer may seek to renew the arrangement. This may occur if the explorer wishes to return to your land to further investigate potential mineral resources. 

Land access arrangements may also be varied by you or the explorer.

Check your existing land access arrangement to see whether there are any conditions regarding the process of renewing or varying the arrangement.   

Alternatively, the explorer may negotiate a new land access arrangement with you. 

If you and the explorer are unable to reach an agreement regarding the variation or renewal of a land access arrangement, a dispute resolution process is available. This process starts with mediation and if necessary, may proceed to arbitration.

For more information on negotiating a land access arrangement, refer to the Land access page.

Explorers have several reporting obligations throughout the duration of their exploration licence. This includes an annual exploration reporting, and reports that are submitted when all or parts of the exploration licence are cancelled or not renewed. 

These reports document exploration activities, data and findings over a specified reporting period. Explorers submit these reports to the department, which are a requirement under the Mining Act 1992.

Explorers must submit an annual exploration report which details all exploration activities undertaken in the previous 12 months. 

This annual report demonstrates the explorers progress against their approved work program, as well as providing geological data collected from surveys, sampling and drilling programs. They also include estimates of mineral resources, if available, as well as expenditure on exploration, rehabilitation and community consultation activities.

If an explorer either partially renews or partially cancels their exploration licence, they must submit a partial relinquishment report. This report outlines all exploration activities, findings and geological data for the relinquished area. The portion of a licence that has not been renewed or has been cancelled is known as the relinquished area. The partial relinquishment report details activities from the grant of licence until relinquishment of that area. 

If an explorer cancels their exploration licence, they must submit a final report to the department. The final report details all exploration activities and findings from the grant of the licence until its cancellation. 

Failure to provide a report by the required due date may result in the Resources Regulator investigating the non-compliance. 

For more information about explorer’s reporting obligations, refer to Exploration reporting page.

The department reviews the annual exploration reports, partial relinquishment reports, or final reports submitted by explorers. This ensures that these reports meet mandatory reporting requirements. 

If a report or the geological data do not meet the necessary requirements, the department may request the explorer to make corrections and resubmit the information. 

These reports are also used by the department to monitor the explorer’s progress against the planned exploration activities outlined in the approved work program. 

This ongoing monitoring has a role in informing the department’s decision-making whether to approve or refuse any future licence renewal applications. 

The reports and any geological data submitted by explorers improves the knowledge of mineral resources in NSW

These exploration reports become publicly available in accordance with the timing and circumstances outlined in the annual report release policy. 

For more information, refer to Exploration reporting page.

Explorers are required to submit an annual environmental and rehabilitation compliance report to the Resources Regulator. This annual report provides an overview of their exploration and rehabilitation activities since their licence was granted. 

The report documents the cumulative total of rehabilitation undertaken across the entire licence area since the licence was granted, including:

• Exploration activities conducted
• Coordinates of disturbed area or boreholes
• Total area disturbed
• Total area fully rehabilitated
• Total area not yet rehabilitated
• Status of drilled boreholes including open, capped, or plugged
• Confirmation of whether the department has notified them of satisfactory rehabilitation completion 

Additionally, the report also includes maps and photographs of all disturbed areas and rehabilitation activities.   

For more information about explorer’s reporting obligations, refer to Exploration reporting page.

Yes. The department has an annual report release policy that outlines how and when  exploration reports are made publicly available.

The department keeps annual exploration reports confidential for the first 5 years after lodgement. After 5 years, parts of annual reports are released to the public. 

When an exploration licence is relinquished or cancelled, all previously submitted reports can be publicly released. This includes annual exploration reports, partial relinquishment reports, and final reports. However, in the case of a partial relinquishment or partial cancellation of a licence, only the partial relinquishment report will be made publicly available. 

Explorers can also request for extended confidentiality in very limited circumstances to protect commercially sensitive information. 

A list of exploration reports eligible for release under the annual report release policy are published each year on the Exploration reporting page. 

To access publicly available exploration reports, you can also use DIGS, the departments online database of reports and data. 

Explorers can lodge several applications to manage their exploration licence, including:

• Renewal of their exploration licence to extend the term of the licence beyond its expiry date
• Transfer of their exploration licence to another party
• Cancellation of their exploration licence

Each application requires the lodgement of specific information and documents to satisfy the requirements of the Mining Act 1992 and the Mining Regulation 2016.

Explorers must lodge a renewal application before their licence expires if they want to continue their exploration activities. Explorers can apply to renew all or part of their existing licence area. 

When applying for a renewal, explorers must submit specific information and documents, including:

• Whether all or only some licence holders are seeking renewal
• Nominating a licence renewal term of up to 6 years
• A description of their proposed renewal area
• Nomination of the group of minerals they want to continue exploring
• A statement of compliance, environmental performance and financial history for all licence holders
• A proposed work program outlining their proposed exploration activities for the renewal term sought
• Renewal justification statement outlining past exploration activities and potential mineral resources
• Nominating a suitably qualified and experienced technical manager to oversee their work program
• Demonstrating they have the financial capability to carry out their proposed work program

The department then assesses the renewal application to ensure that:

• All required information has been provided, is satisfactory and meets the requirements of the Mining Act 1992 and Mining Regulation 2016
• All fees and levies have been paid
• The explorer meets the department’s minimum standards for work programs and technical and financial capability
• The explorer has a satisfactory compliance history
• The renewed licence area is genuinely required to support their proposed work program 

After reviewing the renewal application, the department will either approve or refuse the explorers application. 

If the department renews the exploration licence, the licence might not cover the whole area or the full term the explorer requested. 

If the department refuses the renewal application, the licence will expire. This means that the explorer cannot conduct any more exploration activities.  

Explorers can apply to transfer their exploration licence at any time to another person or company, referred to as the transferee. The transfer can be for all or part of their existing licence area. 

When applying for a transfer, explorers must submit specific information and documents, including:

• details about the proposed transferee
• a description of the area being transferred
• a statement of compliance, environmental performance and financial history for all transferees
• a proposed work program outlining the transferee’s proposed exploration activities
• the transferee’s nomination of a suitably qualified and experienced technical manager to oversee their work program 

The department then assesses the transfer application to ensure that:

• all required information has been provided, is satisfactory and meets the requirements of the Mining Act 1992 and Mining Regulation 2016
• all fees, levies have been paid
• the transferee has provided a security deposit
• the transferee meets the department’s minimum standards for work programs and technical and financial capability
• the transferee has a satisfactory compliance history

After reviewing the transfer application, the department will either approve or refuse the explorer’s application. 

If the department approves the transfer application, transferee will become the new holder of the exploration licence. As the new explorer, they then can commence exploration activities under the terms and conditions of the licence. 

If the department refuses the transfer application, the original explorer will retain the exploration licence. 

To see how a transfer in the holder of an exploration licence impacts a land access arrangement, refer to What happens if the holder of an exploration licence changes? 

Explorers can request the cancellation of their exploration licence at any time. The cancellation can be for all or part of their licence area.

When requesting the cancellation of their licence, explorers must submit specific information and documents, including:

• A description of the area being cancelled     
• Status of their rehabilitation activities, including whether rehabilitation has been deemed satisfactory by the department.

The department then assesses the cancellation request to ensure that:

• All required information has been provided, is satisfactory and meets the requirements of the Mining Act 1992 and Mining Regulation 2016
• Application fee has been paid

Once the department is satisfied that all requirements have been met, the exploration licence is cancelled.

Even after cancellation, the security deposit held by the department is not automatically returned to the explorer. The security deposit will only be returned when rehabilitation is completed to the department’s satisfaction. Where rehabilitation is not satisfactory, explorers still have an ongoing rehabilitation, even after their licence is cancelled. 

The department has service delivery standards that outline the expected timeframes for processing renewal and transfer applications. These timeframes start when an explorer submits their application and end when a decision on the application is made by the department. 

The expected processing timeframes are:

• 51 days for renewal of an exploration licence for non-coal minerals
• 60 days for renewal of exploration licence for coal
• 64 days for transfer of an exploration licence

The performance of the department against the service delivery standards is reported on a quarterly basis.   

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

To find out about the outcome of an application for renewal, transfer or cancellation of an exploration licence, you can check the following: 

• Mining Titles Register will publish a record of the application outcome as either granted, refused, or withdrawn
• MinView will display the granted area of the exploration licence on a map
• DIGS will contain a copy of the explorer’s title instrument including the licence’s terms and conditions
• NSW Gazette will publish in the Mining and Primary Industries category, a notice stating the outcome of the application as either granted, refused, or withdrawn

The key NSW legislation for the post-exploration phase of the exploration lifecycle includes:

• Mining Act 1992
• Mining Regulation 2016

The key legislation references for the post-exploration phase includes:

1. Termination of a land access arrangement
   • Matters that land access arrangements may cover – section 141 of the Mining Act 1992
   • Variation of land access arrangements – section 157 of the Mining Act 1992
2. Rehabilitation completion
   • Security deposit is required before licence is granted, renewed or transferred – section 261BA and 261BAA of the Mining Act 1992
   • Department can take regulatory action such as issue an enforceable direction – section 240 of the Mining Act 1992
   • Department can claim and use security deposit – section 261F of the Mining Act 1992
3. Reporting of exploration activities
   • Explorer must lodge reports to the department – section 163C of the Mining Act 1992
   • Explorer lodges annual report within 1 month of grant anniversary date – clause 59 of the Mining Regulation 2016
   • Information required in an annual exploration report – clause 59 of the Mining Regulation 2016
   • Information required in a partial relinquishment report – clause 60 of the Mining Regulation 2016
   • Information required in a final report – clause 61 of the Mining Regulation 2016
   • Annual reports remain confidential for 5 years – section 365 of the Mining Act 1992 and clause 64 of the Mining Regulation 2016
   • Publication of reports – clause 66 of the Mining Regulation 2016
   • Explorer must keep and retain records – section 163D and 163E of the Mining Act 1992
4. Applications to manage an exploration licence
   • Information explorers must submit with their renewal application – section 113 of the Mining Act 1992 and clause 18 of the Mining Regulation 2016
   • Information explorers must submit with their transfer application – section 120 of the Mining Act 1992 and clause 33 of the Mining Regulation 2016
   • Explorers can request cancellation of their exploration licence – section 125 of the Mining Act 1992
   • Minimum standards for financial and technical capability of explorers and proposed transferee’s – clause 4(a) Schedule 1B of Mining Act 1992
   • Grounds for refusal of applications – clause 6 of Schedule 1B of the Mining Act 1992
   • Department required to keep a public register of renewal, transfer and cancellation applications lodged – section 159 of Mining Act 1992
   • Department required to publish a notice in the NSW Gazette of renewal, transfer and cancellation applications lodged – section 136 of Mining Act 1992