Exploration titles

Companies or individuals wishing to explore in NSW must first apply to the Minister for Mineral Resources for a title under the Mining Act 1992 or Petroleum (Onshore) Act 1991 before undertaking any exploration activities. Exploration titles include the following:

• Exploration Licence (EL)
• Assessment Lease (AL)
• Petroleum Exploration Licence (PEL)
• Petroleum Assessment Lease (PAL)

Landholder rights

Before undertaking any land-based exploration activities, the licenceholder must enter into an access arrangement with the landholder.

Exempted areas

Exploration in exempted areas requires the prior consent of the Minister for Mineral Resources in addition to any requirement to enter into an access arrangement. Exempted areas include State Forests and most other public lands.

The Mining Act 1992 defines an exempted area as an area constituted by land:

• reserved, dedicated, appropriated, resumed or acquired for public purposes (except land reserved for a temporary common or a commonage), whether vested in the Crown or in any person as trustee for public purposes, or
• held under a lease for water supply by virtue of a special lease or otherwise, or
• transferred, granted or vested in trust by the Crown for the purpose of a racecourse, cricket ground, recreation reserve, park or permanent common or for any other public purpose, or
• prescribed by the regulations for the purposes of this definition.

To apply for an exempted area consent, contact Titles Branch.

Category system for exploration activities

Once an access arrangement (and exempted area consent if required) is in place, further approvals may be required. The conditions of exploration titles divide types of exploration activities into 3 categories. These categories have differing approval requirements.

Category 1 - exploration activities approved at title grant

Category 1 lists certain types of exploration activities which can be undertaken without the need for further approval. All other activities require further approval from the NSW Department of Primary Industries.

Category 2 - exploration activities requiring further approval

For Category 2 activities, titleholders are required to submit a EDG10 Surface Disturbance Notice (SDN) to the Department. The Department will consider the SDN and determine whether a Review of Environmental Factors (REF) needs to be prepared (see ESB18 Guidelines for Review of Environmental Factors).

Category 3 - other exploration activities requiring further approval

For Category 3 activities, titleholders are required to submit a EDG10 Surface Disturbance Notice (SDN) to the Department and a REF.

The REF is the licenceholder’s assessment of the potential environmental impacts of the activity. The amount of detail required in an REF is dependent upon the nature of the activity, the sensitivity of the environment and the proposed environmental safeguards. If the Department’s assessment of the application finds that there is a likelihood of significant environmental impact, then the leaseholder will be required to submit an Environmental Impact Statement (EIS).

Exploration activities requiring approval under other legislation

Certain exploration activities may also require approval under other legislation, for example:

• The State Environmental Planning Policy (Major Projects) 2005 specifies types of exploration activities which require approval by the Minister for Planning under Part 3A.
• Other legislation may apply to certain activities, for example the National Parks and Wildlife Act 1974 or the Water Management Act 2000.
• The Environment Protection and Biodiversity Conservation Act 1999 requires approval by the Commonwealth Environment Minister for certain 'actions'.

It is the responsibility of the leaseholder to identify these requirements and ensure that all approvals are in place prior to commencing an activity.

Title renewal

To renew an exploration title, holders must demonstrate that they are conducting their operations in an environmentally responsible manner.

Renewal applications may be refused because of unsatisfactory environmental performance or because of failure to meet the conditions of title.

Title cancellation

Before relinquishing part or all of an exploration title, the titleholder must demonstrate that all title obligations have been met.

The security deposit will not be refunded until a EDG13 Rehabilitation and Relinquishment Report has been submitted and the titleholder has demonstrated that rehabilitation has been completed to the satisfaction of the Department.