Information for landholders on land access

NSW Resources administers the Mining Act 1992 and Mining Regulation 2016 which governs the exploration and mining of mineral resources in NSW. 

The aim of the Mining Act 1992 is to support the discovery and development of NSW’s mineral resources, while encouraging ecologically sustainable development. 

The legislative framework ensures the efficient, safe and sustainable discovery and development of mineral resources for the benefit of the NSW community.

The key objectives of the Mining Act 1992 are to:

• support the social and economic benefits of efficient mineral resource development
• provide effective regulation of exploration and mining activities
• ensure compensation for affected landholders
• ensure an appropriate return from mineral resources to the State of NSW
• require explorers and miners to lodge a security deposit for rehabilitation
• ensure the rehabilitation of disturbed land
• minimise impacts on the environment.

A core function of NSW Resources under this framework is to administer the granting, renewal, transfer and cancellation of exploration licences and mining leases. NSW Resources assesses all applications lodged by explorers and miners to ensure they comply with the requirements of the Mining Act 1992 and Mining Regulation 2016. 

For an outline of the different types of exploration licences and mining leases granted by NSW Resources, refer to title types for each stage page.

NSW Resources is committed to NSW being a destination for safe and sustainable exploration and mining investment.

The Critical Minerals and High-Tech Metals Strategy 2024-35 sets out a clear vision for NSW to be a leader in critical minerals and high-tech metals. The strategy focuses on generating economic prosperity through encouraging responsible exploration, mining, processing, recycling, and advanced manufacturing. 

For more information, refer to the Critical minerals and high-tech metals page.

NSW Resources is required to maintain public registers and publish gazettal notifications under the Mining Act 1992. This includes applications for the grant, renewal, transfer or cancellation of an exploration licence, assessment lease or mining lease.

These registers and notifications provide a public record of all applications lodged by explorers and miners. They also include the department’s decision to either grant or refuse applications. 

There are a variety of ways to access publicly available information on exploration licences and mining leases:  

• The Mining Titles Register which provides a public record of current and historical exploration licences, assessment leases and mining leases, including information about applications. For further information, refer to the Mining Titles Register page.
• MinViewis a web mapping tool that provides free access to view and search for exploration licences, assessment leases, mining leases, and their applications across NSW. For assistance with using MinView, refer to the instructions for finding exploration licences and mining titles, as well as the user guide.
• DIGS is a publicly accessible online collection of reports, publications and data, including title instruments. For more information and assistance, refer to the DIGS page.

The NSW Gazette is the public record of official NSW Government notices. A notice is published when various applications are lodged, approved or refused under the Mining Act 1992.  

The Resources Regulator, a group within NSW Resources, is responsible for compliance and enforcement functions across NSW’s exploration and mining sector under the Mining Act 1992. 

The Resources Regulator also has a role in regulating work healthy and safety on exploration and mine sites under the Work Health and Safety (Mines and Petroleum Sites) Act 2013. 

Compliance and enforcement actions taken by the Resources Regulator are guided by the principles set out in the Compliance and enforcement approach. These actions may include:

• warning letters and official cautions
• penalty notices
• notices and directions
• cancellation, suspension or variation of exploration licences or mining leases
• enforceable undertakings
• prosecution.

For more information about the role of the Resources Regulator, go to the About Us and Resources Regulator pages. 

For assistance, or more information about exploration licences and land access matters in NSW contact:

NSW Resources - Assessments and Systems

Phone: +61 2 4063 6600 (8.30am -4.30pm)

Email: titles@dpird.nsw.gov.au

To report a suspected breach of an exploration licence, Notify the Resources Regulator. Alternatively call 1300 814 609 for all Resources Regulator inquiries.

In NSW, for most exploration and mining activities, the landholder is someone who holds a freehold title or a perpetual western lands lease. 

However, under the Mining Act 1992, the definition of a landholder is not just someone who owns or possesses the land. It also depends on whether the land concerned is an exempted area or not. 

Where the land concerned is an exempted area, the controlling body of that land is usually considered to be the sole landholder. 

An exempted area is typically land that is used or held for a public purpose. This includes land that is:

• reserved, dedicated, appropriated or resumed for a public purpose
• held under a lease for water supply
• transferred, granted or vested in a trust by the Crown for purpose of racecourse, cricket-ground, recreation reserve, park, or permanent common. 

There is an exception where the controlling body of the exempted area is not the sole landholder. Registered native title bodies corporate or registered native title claimants are also considered landholders for exempted areas when explorers are negotiating a land access arrangement for a low-impact exploration licence. This exception does not apply to other exploration licence types.

Otherwise, for all other land that is not an exempted area, the landholder includes any of the following:

• A person or entity that holds freehold title to the land.
• A native title holder.
• Lease or licence holders, including the holders of continued tenures, under the Crown Land Management Act 2016.
• The holders of permissive occupancies.
• Anyone with a registered interest in the land recorded on a register or record kept by the Registrar General, including:
  • lessees or others with exclusive rights to the land
  • mortgagees in possession of the land
  • minister or public authority with:
    • a covenant under the Crown Land Management Act 2016, or
    • an interest in the land under a conservation, natural heritage, or biobanking agreement.

Explorers must identify all relevant landholders when it comes time to negotiate a land access arrangement. This may involve one or multiple landholders for the land concerned. 

Landholders have a crucial role throughout the lifecycle of an exploration licence, including when exploration activities occur on their land.

The exploration lifecycle begins when an explorer applies for an exploration licence. If the department grants an exploration licence, the explorer gains exclusive rights to explore for minerals. 

However, explorers cannot enter a property to undertake exploration activities until they have negotiated a land access arrangement with the relevant landholders. 

A land access arrangement outlines the terms and conditions under which exploration and rehabilitation activities can occur on a property.  

When negotiating and implementing a land access arrangement, landholders have several rights and obligations. This includes being entitled to receive compensation for compensable loss.

The exploration lifecycle continues as exploration activities and site rehabilitation occur on a landholder’s property. The lifecycle eventually ends when the licence is relinquished, cancelled or expires. 

Landholders can access the department's Mining Titles Register and MinView to be informed about exploration licences that affect their land and local area.

For more information, refer to the landholder’s guide to the exploration lifecycle.