Standard conditions of exploration licences and assessment leases require the consent of the Minister prior to exploring on any part of the licence/lease where native title has not been extinguished.
The requirement to obtain the consent of the Minister applies regardless of the type of exploration activity. This consent is separate to obtaining an activity approval from the Resources Regulator prior to carrying out assessable prospecting operations (refer to sections 23A and 44A of the Mining Act 1992).
The Minister’s consent will not be granted unless it is demonstrated that native title has been extinguished over the land, or the provisions of Division 3 of Part 2 of the Native Title Act 1993 (Commonwealth) have been complied with (i.e. the right to negotiate process (PDF, 196.86 KB) or an alternate process is undertaken, such as the negotiation of an Indigenous Land Use Agreement, that provides an alternative process which excludes the operation of Subdivision P of the Native Title Act 1993).
Applications for Minister’s consent must be lodged using application form AD19 - Application for Minister's Consent. Documents / information set out in the Protocol for evidencing proof of extinguishment of native title must also be provided.
- Further guidance on the compliance with the Native Title Act 1993 in relation to the Mining Act 1992
