Renewing mining rights
Before a tenement expires, the holder may apply to renew the tenement for a further term. To apply for the renewal of a tenement, a valid application must be completed and lodged with the Department for Energy and Mining prior to the expiry date.
Applicants will be required to include the requested renewal term and reasons for the renewal, as well as information about the tenements and a contact person for the application.
If a tenement has not reported production in the period prior to the expiry date, a statement of intent may be requested with the renewal application. The statement of intent must set out the future plans for the conduct of mining operations.
Fees now apply for an application to renew a tenement, see the fees and calculators page for more information.
When a valid renewal application is lodged, the tenement will remain active until the application is determined. All obligations pertaining to the tenement will remain the tenement holder’s responsibility, including lodgement of mining returns, royalty payments and rent.
The Department should be advised in writing if the holder does not wish to renew the tenement. In such instances, the provisions of the Mining Act and the terms and conditions of the lease related to rehabilitation apply. The tenement holder is responsible for rehabilitation of the land. Penalties apply for non-compliance with this section which may lead to a maximum penalty or $250,000.
Transfer of a mining lease, retention lease or miscellaneous purposes licence
A production tenement, or an interest in a production tenement may be transferred from the current tenement holder to an individual or registered business entity.
To apply for the transfer of a tenement, a valid application must be completed and lodged with the Department, together with relevant supporting documents and payment of the relevant fee. Supporting information will include:
- A copy of the dealing/contract which seeks to transfer the tenement(s);
- A statement of the capabilities of and resources available to the purchaser;
- A statement by the purchaser outlining contraventions of relevant laws; and
- A compliance report.
If the application received does not contain the required information, the applicant will be contacted and given an opportunity to provide that information. If this information is not provided in an appropriate timeframe, or is not to an acceptable standard, the application may be rejected.
On receipt of a valid application for transfer, an assessment will be conducted by the Department. This may include a site inspection, a review of the approved program, a capability assessment of the transferee and, if relevant, a review of any bonds associated with the tenement.
Tenement Holders and applicants should note that all obligations related to the tenement remain the current tenement holders’ responsibility until the transfer is consented to and entered in the Mining Register. This includes obligations such as lodgement of mining returns, royalty payments and rent.