Exploration and mining titles, approvals and dealings
An exploration or mining title (often called a tenement) is one part of the legal position for a resources project. The title, proposed work, land access arrangements and other approvals need to be considered together. We advise on applications, transactions and compliance questions, including unresolved obligations that may affect a project or proposed dealing.
- Jurisdiction
- New South Wales
- Page type
- Issue overview
On this page
If you have received a decision or notice, a strict review or appeal period may already be running. Confirm it promptly and do not rely on an online enquiry.
This page may be relevant if:
- You are considering an exploration licence, assessment lease or mining lease application or renewal
- A purchase, financing arrangement, transfer or other dealing involves a mining or exploration title
- There are questions about land access, compensation, native title or permission to begin work
- A title condition, rehabilitation requirement or regulator decision may affect the project
What this usually means
- Exploration licences, assessment leases and mining leases have different functions under the Mining Act 1992 (NSW). An exploration licence permits exploration within its terms; it does not permit mining. The particular title, minerals, area and conditions must be checked.
- A granted title does not establish that every proposed activity can begin. Access arrangements, native title requirements, activity approvals, planning consent and environmental permissions may also need to be resolved. The requirements depend on the land, the work and the applicable statutory pathway.
- An application, renewal or transaction requires more than confirmation that a title appears on a register. Its scope, conditions, renewal position, existing agreements and outstanding obligations can affect the rights acquired and the ability to use them. Grant, renewal or approval of a dealing should not be treated as assured.
What commonly matters
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The title and proposed work
Identify the current title, the area and minerals it covers, its conditions and the proposed activity. A change to the project or work program may expose a gap between the title, the approvals and what is proposed on the ground.
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Access, compensation and native title
Ownership, occupation, existing agreements and native title must be examined separately. We identify the access and compensation issues and any applicable native title process, including how they affect the proposed timetable.
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Transactions and inherited obligations
Due diligence should test the title and approvals against the transaction documents. Conditions, existing breaches, rehabilitation commitments and security requirements can affect price, completion arrangements and future expenditure.
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Approval risk, cost and timing
Technical studies, access negotiations and approval conditions can affect feasibility and timing. We identify legal dependencies and the evidence required before commitments are made. A challenge to a decision can add cost and does not guarantee a favourable result.
How we help
- Advise on title applications, renewals, variations, relinquishment and cancellation requests
- Undertake legal due diligence and advise on transfers and other dealings
- Advise on land access, compensation, native title and related agreements
- Review the interaction between title conditions, activity approvals, planning and environmental requirements
- Advise on rehabilitation and security obligations, regulatory decisions and disputes
This page is general information only and is not legal advice. It may not be current, and how the law applies depends on the specific facts. For advice on your situation, contact Stone & Pillar Legal.
Related situations
- Planning & development I need approval for a project Assess approval pathways, environmental issues, planning controls, agency decisions and approval risk.
- Environment & pollution Biodiversity assessment, clearing and offsets Biodiversity assessment requirements, clearing permissions and offset obligations, including their effect on project design, cost and approval risk.
- Water & land A water licence, approval or NRAR issue Water access licences, works approvals, controlled activities, metering rules, NRAR investigations and the 2026 civil-penalty regime.
- Planning & development Heritage rules affect my property or project State and local heritage listings, approvals for works, interim heritage orders and Aboriginal cultural heritage requirements.
- Water & land A mining, gas or water project affects my land Advice on exploration and mining access, coal seam gas, aquifer and water-licensing impacts, and compensation where resource projects affect your land.
Where to start
Discuss your exploration or mining title
Start with the title, proposed activity or transaction and your next decision. On a short preliminary call we can tell you whether we can assist and what the first step would be.
30 minutes · Phone or Teams · No charge
Complimentary 30-minute preliminary call. No legal advice is provided. Neither booking nor the call engages the firm; we act only once we confirm in writing.