--- title: "Exploration and mining tenements in NSW" description: "An overview of NSW exploration and mining titles, applications, renewals, due diligence, access, native title and the approvals needed for proposed work." canonical: https://stonepillar.com.au/issues/exploration-mining-tenements/ language: en-AU last_updated: 2026-10-21 source_revision: 1296179e97249d22fa332459637b866a57239ff0 publisher: "Stone & Pillar Legal" --- Planning & development # 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 - [This page may be relevant if:](https://stonepillar.com.au/issues/exploration-mining-tenements/#for-you-if) - [What this usually means](https://stonepillar.com.au/issues/exploration-mining-tenements/#what-it-means) - [What commonly matters](https://stonepillar.com.au/issues/exploration-mining-tenements/#what-matters) - [How we help](https://stonepillar.com.au/issues/exploration-mining-tenements/#how-we-help) 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 1. ### 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. 2. ### 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. 3. ### 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. 4. ### 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. ## A question about an exploration or mining title? Tell us about the title, proposed activity or transaction, the documents available and any relevant dates. The preliminary call covers - What has happened and the decision you need to make - The authority or other party involved, so we can check for conflicts - Any date stated in the documents you have received - Whether the firm can assist, and what a scoped first step would involve Tell us which document you received, who issued it and any date it states. Keep it to hand for the call. [Speak with a lawyer](https://stonepillar.com.au/contact/?issue=exploration-mining-tenements#schedule) [Request a call back](https://stonepillar.com.au/contact/?issue=exploration-mining-tenements#enquiry) Complimentary A 30-minute preliminary call. No legal advice is provided. Neither booking nor the call engages the firm. Prefer to talk? [(02) 8014 5817 ](tel:+61280145817)· [Email](mailto:enquiries@stonepillar.com.au) Your enquiry will be reviewed by Michael Themis , Principal Solicitor of Stone & Pillar Legal. ## What to bring - Title instruments, conditions, plans and register searches already available - Application or renewal material and correspondence with the regulator - Proposed work plans, existing consents and environmental approvals - Access, compensation and native title agreements or correspondence - Transaction documents and available rehabilitation or security records [Related practice area Mining and exploration law in NSW](https://stonepillar.com.au/services/mining-exploration/) ## Related situations - [Planning & development I need approval for a project Assess approval pathways, environmental issues, planning controls, agency decisions and approval risk.](https://stonepillar.com.au/issues/project-approval/) - [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.](https://stonepillar.com.au/issues/biodiversity-clearing/) - [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.](https://stonepillar.com.au/issues/water-licensing/) - [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.](https://stonepillar.com.au/issues/heritage-approvals/) - [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.](https://stonepillar.com.au/issues/resource-impact/) [All situations](https://stonepillar.com.au/issues/) 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. [Request a call back](https://stonepillar.com.au/contact/?issue=exploration-mining-tenements#enquiry) [Speak with a lawyer](https://stonepillar.com.au/contact/?issue=exploration-mining-tenements#schedule) 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. --- The information and tools on this website are general information only, are not legal advice, and do not create a solicitor–client relationship. Please don’t send confidential or privileged material until we confirm in writing that we can act. Do tell us any deadline or response date; it remains your responsibility until we confirm in writing that we act for you. See the full [Disclaimer](https://stonepillar.com.au/disclaimer/) and [collection notice](https://stonepillar.com.au/privacy/#collection-notice) . © 2026 Stone & Pillar Legal · New South Wales Stone & Pillar Legal is a business name of Stone & Pillar Pty Ltd ABN 11 698 040 854. Liability limited by a scheme approved under professional standards legislation.