Terms of use

1.1 About the NSW Resources Systems

NSW Resources owns and operates several online electronic systems and applications that allow users to access a secure portal to engage with NSW Resources on various regulatory matters, including in relation to the Mining Act 1992, the Petroleum (Onshore) Act 1991 and work health and safety (mines and petroleum sites) legislation.

The portal systems comprise the Titles Management System, the NSW Resources Portal and the Mine Rehabilitation Portal ( ‘the systems’) and are owned and operated by NSW Resources within the Department of Primary Industries and Regional Development (‘the department’) on behalf of the NSW Government.

The systems provide a secure portal for users to:

• lodge, manage and track applications, incidents, complaints, reports, data, certificates, requests and enquiries,
• view documents and other correspondence from the department,
• pay fees and charges that are due to the department.

1.2 Agreement to Terms of use

By creating an account and using any of the systems, you agree to: 

• be bound by these Terms of Use and,
• the department’s collection, use and disclosure of your personal information as set out in these Terms of Use and the department’s Privacy Statement Management Plan (https://www.nsw.gov.au/departments-and-agencies/dpird/access-information/privacy-management-plan). 

If you do not agree to these Terms of Use, refer below for options:  

Titles Management System:

• you can lodge an application for exploration and mining/production titles by one of the methods specified in the relevant application form available on the NSW Resources website (https://www.resources.nsw.gov.au/mining-and-exploration/applying-to-explore-and-mine-nsw),
• exploration reports and data – contact the department to discuss options (refer to Table 1 for contact details).

NSW Resources Portal and Mine Rehabilitation Portal:

• contact the department to discuss options (refer to Table 1 for contact details). 

1.3 New or revised Terms of use

The department may amend the Terms of Use at any time, and may change, add or remove any functions of the systems. Changes may be made without giving you any prior notice.

If the changes affect your rights or responsibilities, the department will notify you. 

Amended Terms of Use supersede any previous Terms of Use that may have governed your use of any system owned by NSW Resources.

By accessing and using the systems after the Terms of Use are amended, you agree to be bound by those amended Terms of Use. 

1.4 Entire agreement

The Terms of Use are the entire agreement between you and the department about your access to, and use of the systems. 

1.5 Severance

If any of the Terms of Use are found to be invalid or ineffective, the rest of the Terms of Use will still apply. 

1.6 Governing law

Access to and use of the systems is governed by the laws of New South Wales. By using the systems you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales.

2.1 Disclaimer

The department does not guarantee that the systems will always be available. If you are unable to access or use a system, contact the department (refer to Table 1 for contact details). The department may only be able to offer limited help while a system is down. 

The department does not warrant or accept liability about the quality, operability, or accuracy of the information accessed in the systems.  

By using the systems, you agree that: 

• you will use the systems at your own risk, and
• you are responsible for making your own assessment of the content of the systems, including accessing the quality and suitability of the material contained within the systems for any purpose.

The NSW Government will in no way be liable for: 

• any loss, damage, cost or expense arising as a result of your use or reliance on the systems, or any indirect or consequential punitive or special damages or loss of profit arising from such use or reliance, or
• your inability to access or use the systems. 

2.2 Links to other websites, material published by other parties

The systems may include: 

• information or material created by third parties, and
• links to other websites or platforms operated by third parties.

The department does not necessarily agree with or support third party content on the systems  or on those linked websites. 

The department cannot guarantee the security of linked websites and does not accept liability in relation to security issues arising should you choose to visit them.  

The department does not accept liability for any loss, damage, cost or expense you might incur if you rely on information which appears on linked websites. 

The department is not responsible for the privacy practices of third-party websites or platforms, and those third parties are not required to comply with the department’s Privacy Management Plan. You should check the privacy policy of that service or website to understand how it will handle your personal information.

2.3 Internet charges

You are responsible for any telecommunications costs you incur because of you accessing and using the systems.  

2.4 Service availability

The department makes no warranties regarding the availability of the systems.   

If access to, or use of, the systems is not available, contact the department (refer to Table 1 for contact details). The department may only be able to provide limited assistance while the system is unavailable.

2.5 Multi-factor authentication (MFA)

To enhance security of the systems, you may need to set up MFA to access the systems. To set up MFA follow the instructions when prompted.

It is recommended that you enable push notifications in your device's settings. Push notifications for MFA can only be linked to one device. Never share the confirmation codes with anyone.

You may not be able to complete a transaction or activity using MFA if:

• you do not have access or have not registered for MFA.
• you cannot access the internet or have limited mobile reception, or
• you have not received the code or push notification within the timeframe specified of requesting it.

If you need assistance setting up MFA, contact the department (refer to Table 1 for contact details).

The department may choose to send you messages about information you have provided on the systems, , and use of the systems, by using the contact details, including your primary email address, listed in your profile. 

You are responsible for ensuring that your contact details and primary email address is accurate and current by checking it regularly, so you can continue to receive messages from the department.

While the department will try to send messages to your primary email address, the department retains the discretion to serve you with notices and other documents by another method available under the relevant legislation.  

4.1 Personal information

The department must comply with the Privacy and Personal Information Protection Act 1998 (the PPIP Act) and the Health Records and Information Privacy Act 2022 (the HRIP Act) and takes all reasonable steps to protect your personal information you have supplied to the department. 

For information on how the department manages privacy, refer to our Privacy Management Plan. 

For information on privacy relating to authorisations under the Mining Act 1992, refer to the Privacy Statement. For information on privacy relating to personal and health information under the Work Health and Safety Act 2011 (WHS Act), refer to the Privacy Statement. 

You may apply to the department to access and correct any personal information the department holds about you if that information is inaccurate, incomplete, outdated, or irrelevant. 

Any person whose personal information is recorded in a register has the right to request that their personal details be removed from, or not placed on, the register as publicly available in limited circumstances. For more information on supressing personal information is available at How to request correction or suppression. 

Except for purposes required by law, your personal information will not be disclosed to third parties unless the disclosure is directly related to the purpose for which the information was collected, and the department has no reason to believe you would object to the disclosure or you are reasonably likely to have been aware or have been made aware, that information of that kind is usually disclosed to that other person or body, or the department believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person. 

When using the systems, you will be asked to provide personal information such as your name, phone number, street and postal addresses and email addresses. If you do not supply the information, the department may not be able to process your request.  

4.2 Purpose for collecting the personal information

Personal information provided in the systems may be used for one or more of the following purposes:

• to verify your details,
• to help the department assess and determine your application, including contacting you about your application,
• to help the department assess and respond to your notification and/or enquiry,
• to serve you with documents and/or information,
• to help the department administer the mining legislation, petroleum legislation and Work Health and Safety (WHS) legislation,
• to help the department to comply with its public register, record-keeping and data-sharing requirements under the mining legislation, petroleum legislation and WHS legislation,
• to contact you to seek feedback, and
• for any other circumstances permitted under the PPIP Act and the HRIP Act.

If the department engages any other person to collect, store or use personal information to assist the department with its provision and maintenance of the systems, the person will be required to comply with the PPIP Act and HRIP Act. 

4.3 Storage of personal information

Personal information provided in the systems will be stored in way that meets NSW Government standards. This is explained further in the Privacy Management Plan for the Department of Primary Industries and Regional Development. 

Refer to Table 1 for information about where information is stored for the systems. 

4.4 Access to the information 

When you create an account in the systems some personal information you provide such as your name and postcode may be visible to others who use the systems. 

By using the systems, you agree to the following:

• your name and postcode may be visible to other users in the systems so they can identify the person (party) associated to an application or title, and for no other reason.
• you are authorised to provide personal information about other people named in your application or documents to the department.
• you may only use the personal information of others stored on the systems to help identify someone linked to your application or title, and for no other reason.

4.5 Site visit data

The department may keep a record of your visit to the systems including details about your activity, such as:

• when you accessed the systems (date and time, frequency, length, number of logins),
• the pages you visited and/or transactions made, and
• how long system pages took to load, including any timeouts.

The department may use this information to:

• understand how users interact with the systems to improve its features,
• monitor and review the use of the systems, including identifying and investigating any suspicious or improper use, and
• help investigate and fix any problems or outages. 

You can view a summary of your transactions in the systems dashboard. If you have any concerns about your transaction history, contact the department (see Table 1).

5.1 Use of the systems

To use the systems, you must create an account using your own email address. You cannot use the same email address for more than one account.

You are responsible for any activity in your account. You must keep your system password secure. 

Do not share your account or password with anyone else, and do not allow anyone else to log into your account. 

If you believe someone has tried to access your account, you must:  

• check your system dashboard for suspicious activity,
• contact the department immediately via email (refer to Table 1), and
• change your account password. 

5.2 Requirement to provide complete and accurate information

When using the systems, the information you provide, including personal information details like your name and contact details (relating to your personal information excluding MFA), must be accurate and current. Giving false or misleading information is an offence under the relevant legislation and penalties apply. An offence may lead to the suspension or cancellation of authorisations, licences or certificates. 

The department may suspend, cancel or otherwise limit your access to the systems if: 

• you provide false or misleading information in the systems, or
• the information you provide is not consistent with information you have previously provided in the systems or under your account.

If your personal information changes, you must: 

• log in to your account and update it, or
• contact the department (refer to Table 1) so it can be updated for you.  
• after updating, check that your updated information has been accepted in the systems.

Updating your personal information and other information in your system account will not update other Departmental or NSW Government systems. If you have supplied information to other Departmental or NSW Government systems that require correction, you may also be required to update the information in those systems. 

5.3 Suspension or termination of your account

The department may suspend or cancel your account for the systems at any time and for any reason, including where the department suspects misuse of your account, or the use of your account to supply false or misleading information. 

If your account is suspended or cancelled, you may still be able to lodge applications/incidents/requests/reports by other methods. Contact the department (refer to Table 1) for other lodgement methods.  

5.4 Deactivation and reactivation of your account

To deactivate or reactivate your account, contact the department (refer to Table 1). 

The department will store personal information you provided while using your account. Please see section 4 - Privacy and personal information and the department’s Privacy Management Plan for further information about the department’s use, disclosure and storage of personal information. 

Table 1 System information