{"id":"mineral-titles-act-2010","name":"Mineral Titles Act 2010","slug":"mineral-titles-act-2010","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30380,"registerId":"nt-mineral-titles-act-2010-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Mineral Titles Act 2010.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act commences on the day fixed by the Administrator by\nGazette notice.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Objects of Act","content":"3 Objects of Act\nThe objects of this Act are as follows:\n(a) to establish a framework for granting and regulating mineral\ntitles that authorise exploration for, and extraction and\nprocessing of, minerals and extractive minerals;\n(b) to facilitate the commercialisation of activities conducted under\nmineral titles by authorising the creation and transfer of\ninterests in the titles;\n(c) to authorise other activities relating to minerals or extractive\nminerals to be conducted without mineral titles.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act may be affected by other legislation","content":"4 Application of Act may be affected by other legislation\n(1) This Act has effect subject to other Acts of the Territory and\nCommonwealth that may affect:\n(a) rights and powers given under this Act; or\n\nMineral Titles Act 2010 2\n(b) obligations and functions imposed under this Act.\nExamples for subsection (1)\n1 The Control of Roads Act 1953 and Water Act 1992.\n2 The ALRA and NTA.\n(2) This Act operates in conjunction with the Environment Protection\nAct 2019, which deals with the authorisation and management of\nexploration for, and extraction and processing of, minerals or\nextractive minerals to ensure the protection of the environment.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Land to which Act applies","content":"5 Land to which Act applies\n(1) This Act applies to all the land of the Territory.\n(2) The land of the Territory includes:\n(a) water on the land; and\n(b) the coastal waters of the Territory as defined in section 3(1) of\nthe Coastal Waters (Northern Territory Powers) Act 1980\n(Cth).\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Act binds Crown","content":"6 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) However, Part 4 does not bind the Crown in relation to exploration\nfor, or extraction of, extractive minerals required by the Territory for\nthe construction or maintenance of roads or other infrastructure.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Application of Criminal Code","content":"7 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 7\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nMineral Titles Act 2010 3\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Definitions","content":"8 Definitions\nIn this Act:\nAboriginal community living area, see section 7 of the Local\nGovernment Act 2019.\nAboriginal land, see section 3(1) of the ALRA.\naccess area means the area of land to which an access authority\nrelates.\naccess authority means an authority granted under section 84(4).\nacting in an official capacity, in relation to an official, means the\nofficial is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nadjoining blocks means 2 or more blocks each of which has at\nleast one common side or point with another.\nALRA means the Aboriginal Land Rights (Northern Territory)\nAct 1976 (Cth).\napproved determination of native title, see section 253 of\nthe NTA.\napproved form means a form approved under section 163.\narea of land, in relation to a title area, includes an area above, on\nor under the surface of the land comprising the title area.\nAtomic Energy Act means the Atomic Energy Act 1953 (Cth).\nauthorised activities, in relation to a mineral title, see\nsection 11(3).\nauthorised officer means one of the following:\n(a) an authorised officer appointed under section 175;\n(b) an environmental officer as defined in section 4 of the\nEnvironment Protection Act 2019.\nblock, see section 16(3).\nbusiness day means a day that is not a Saturday, Sunday or\npublic holiday.\n\nMineral Titles Act 2010 4\ncaveat means a caveat lodged under section 131(1).\nclaimant means a person who has given a notice of claim under\nsection 110(1).\ncommencement day, see section 193(1).\nconditions, of a mineral title, means the conditions for the title\nmentioned in section 85.\ncorresponding application, for Part 12, see section 193(1).\ncorresponding mineral title, for Part 12, see section 193(1).\ncorresponding title, in relation to a mineral authority, see\nsection 118(2)(a).\ncouncil road means a road vested in, or under the care, control\nand management of, a local government council.\ndeclared fossicking area means an area of land declared to be a\nfossicking area under section 136(1).\ndeclared park or reserve, see section 15(3).\nEL means a mineral exploration licence.\nELR means a mineral exploration licence in retention.\nEMEL means an extractive mineral exploration licence.\nEML means an extractive mineral lease.\nEMP means an extractive mineral permit.\nexcluded land, in an Aboriginal community living area, see\nsection 185(1).\nexisting application, for Part 12, see section 193(1).\nexisting interest, for Part 12, see section 193(1).\nexisting proposed title area, see section 65(4).\nexisting title area, see section 65(4).\nexploration, for minerals or extractive minerals, means all methods\nof searching for or evaluating deposits of minerals or extractive\nminerals (excluding by fossicking).\nextractive mineral, see section 10.\n\nMineral Titles Act 2010 5\nextractive mineral exploration licence, see section 46(1).\nextractive mineral lease, see section 54(1).\nextractive mineral permit, see section 50(1).\nfossick, see section 135(2).\nfossicker means a person who fossicks.\nGDA 94 means the national datum known as Geocentric Datum of\nAustralia 1994 used for surveying, mapping and spatial referencing\nof geographical data.\ngeneral reserved land, see section 113(2).\nguidelines means the guidelines made under section 169(1).\nimprovements, on land, means any of the following:\n(a) a building used as a residence, or for a business or an\nagricultural purpose, and any other building or structure;\n(b) a road constructed by or for the landowner of the land;\n(c) a yard, fence, wall and any other barrier (for example, a gate);\n(d) a pipe, tank, trough, pump and any other thing for storing or\nraising water or another liquid;\n(e) a garden, orchard, plantation and any other similar land use.\ninformation includes documents.\ninfrastructure includes electricity lines, telecommunication\nfacilities, railways, roads, pipelines and ship loading facilities.\nLand Council, for Aboriginal land, means the Land Council\nestablished under the ALRA for the land.\nland of the Territory, see section 5(2).\nland register means the land register as defined in section 4 of the\nLand Title Act 2000.\nlandowner, see section 14.\nMA means a mineral authority.\nmineral, see section 9.\n\nMineral Titles Act 2010 6\nmineral authority, see section 118(2).\nmineral exploration licence, see section 26(1).\nmineral exploration licence in retention, see section 34(3).\nmineral lease, see section 40(1).\nmineral rights interests, see section 121(2)(e).\nmineral title, see section 11(1).\nmineral title application means an application made under:\n(a) Part 3 or 4; or\n(b) Part 5, Division 5; or\n(c) section 118 or 119.\nmining, see section 12.\nML means a mineral lease.\nnative title land means land for which, under the NTA, there is an\napproved determination of native title that native title exists in the\nnecessary criteria, in relation to a mineral title application, means\nthe criteria specified in section 58(2).\nnon-compliant existing interest, for Part 12, see section 193(1).\nnon-compliant title, for Part 12, see section 193(1).\nNTA means the Native Title Act 1993 (Cth).\nofficial means one of the following:\n(a) the Minister;\n(b) a person assisting the Minister to take an action under\nsection 172(2);\n(c) an authorised officer;\n(d) a person assisting an authorised officer in the exercise of a\npower or performance of a function under this Act as\nmentioned in section 180.\n\nMineral Titles Act 2010 7\noperational year, for a mineral title, means:\n(a) the period of 12 months immediately after the title comes into\nforce; and\n(b) each subsequent period of 12 months.\npark or reserve, see section 15(1).\npastoral land means land held under a pastoral lease as defined in\nsection 3 of the Pastoral Land Act 1992.\npreliminary exploration means preliminary exploration of land for\nminerals or extractive minerals as mentioned in section 17.\nprescribed substance, see section 5(1) of the Atomic Energy Act.\nprivate land means land in relation to which a person is entitled to:\n(a) a fee simple interest; or\n(b) a lease from the Crown under the Crown Lands Act 1992 or\nSpecial Purposes Leases Act 1953.\nproposed title area, in relation to a mineral title application, means\nthe title area described in the application.\nRanger Project Area, see section 4 of the Uranium Royalty Act.\nregister means the Mineral Titles Register kept under\nsection 121(1).\nregistration means the entry in the register of information\nmentioned in section 121(2).\nrelevant offence, for Part 10, Division 3, see section 182.\nrepealed Act, see section 193(1).\nrepresentative, for Part 9, Division 3, see section 155.\nreserved land means special reserved land, general reserved land\nor land reserved under section 115.\nseized thing, for Part 10, Division 3, see section 182.\nspecial reserved land, see section 112(2).\ntechnical work program, see section 13.\n\nMineral Titles Act 2010 8\nterm, of a mineral title, means the period for which the title is\ngranted or renewed.\nTerritory road means a road vested in, or under the care, control\nand management of, the Territory.\ntitle means a mineral title.\ntitle area means:\n(a) generally – the area to which a mineral title relates; or\n(b) in relation to a specified type of mineral title – the area to\nwhich that type of mineral title relates.\ntitle holder means:\n(a) generally – a person who is granted or issued with a mineral\ntitle; or\n(b) in relation to a specified type of mineral title – a person who is\ngranted or issued with that type of mineral title.\ntourist fossicking means a commercial venture that:\n(a) is conducted by the holder of a mineral lease; and\n(b) offers fossicking as an activity that may be conducted by\nindividuals in the title area of the mineral lease.\nTribunal means the Civil and Administrative Tribunal.\nUranium Royalty Act means the Uranium Royalty (Northern\nTerritory) Act 2009 (Cth).\nvacant Crown land means land in relation to which no person is\nrecorded in the land register as a registered owner or registered\nproprietor.\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Mineral","content":"9 Mineral\n(1) A mineral is:\n(a) any of the following naturally occurring substances that is\nobtainable by mining:\n(i) an inorganic element or compound (for example, an\ninorganic carbonate compound);\n(ii) an organic carbonate compound; or\n\nMineral Titles Act 2010 9\n(b) coal, lignite, oil shale or salt; or\n(c) another substance prescribed by regulation.\n(2) However, none of the following is a mineral:\n(a) an extractive mineral;\n(b) petroleum as defined in section 5(1) of the Petroleum\nAct 1984;\n(c) water;\n(d) another substance prescribed by regulation.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Extractive mineral","content":"10 Extractive mineral\nAn extractive mineral is:\n(a) soil, sand, gravel, rock or peat; or\n(b) another substance prescribed by regulation.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Mineral title","content":"11 Mineral title\n(1) A mineral title is all the documents comprising any one of the\nfollowing instruments:\n(a) a mineral exploration licence (an EL);\n(b) a mineral exploration licence in retention (an ELR);\n(c) a mineral lease (an ML);\n(d) an extractive mineral exploration licence (an EMEL);\n(e) an extractive mineral permit (an EMP);\n(f) an extractive mineral lease (an EML);\n(g) a mineral authority (an MA).\nExamples for subsection (1)\n1 A mineral exploration licence may comprise the EL as granted and the\ndocuments given by the Minister relating to each reduction of the title area of\nthe EL and each renewal of the EL.\n2 An extractive mineral permit may comprise the EMP as granted and a\ndocument given by the Minister varying a condition of the EMP.\n\nMineral Titles Act 2010 10\n(2) A mineral title is in force from the time it is granted or issued until:\n(a) subject to section 68 – the term of the mineral title has ended;\nor\n(b) the surrender or cancellation of the mineral title has taken\neffect; or\n(c) another mineral title has been granted or issued to the title\nholder to replace the mineral title; or\n(d) the mineral title no longer has effect for another reason (for\nexample, because of the compulsory acquisition of the land\ncomprising the title area).\n(3) A mineral title gives the title holder the right to conduct activities\n(authorised activities) mentioned in the following provision:\n(a) for an EL – section 26(1)(b);\n(b) for an ELR – section 34(3)(b);\n(c) for an ML – section 40(1)(b)(i), (ii) or (iii);\n(d) for an EMEL – section 46(1)(b);\n(e) for an EMP – section 50(1)(b);\n(f) for an EML – section 54(1)(b);\n(g) for an MA – section 118(2)(b).\n(4) A reference in this Act to authorised activities includes a reference\nto the work necessary for conducting the activities.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Mining","content":"12 Mining\n(1) Mining is the extraction of minerals or extractive minerals from land\nof the Territory by one of the following methods:\n(a) underground, surface or open-cut workings;\n(b) on-site leaching;\n(c) dredging;\n(d) another method prescribed by regulation.\n(2) To avoid doubt, the extraction of extractive minerals from land by a\nmethod mentioned in subsection (1), for the extractive minerals to\nbe used in construction work, is mining.\n\nMineral Titles Act 2010 11\n(3) However, the extraction of extractive minerals from land by a\nmethod mentioned in subsection (1) is not mining if:\n(a) it is incidental to construction work (for example, for the\nfoundation of a building or for a road or rail cutting); or\n(b) the extractive minerals are for use elsewhere on the land by\nthe landowner (for example, to build a dam).\n(4) In addition, the extraction of extractive minerals from the natural\nsurface of land only, under an extractive mineral permit, is not\nmining.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Technical work program","content":"13 Technical work program\n(1) A technical work program is a summary of the following:\n(a) the technical work proposed to be carried out for conducting\nauthorised activities under a mineral title;\n(b) in relation to an EL or ELR – the proposed expenditure for\ncarrying out the technical work;\n(c) in relation to an application for the grant or renewal of a\nmineral title – the technical and financial resources available\nto the applicant for carrying out the technical work.\n(2) A technical work program must give sufficient information about the\nwork to be carried out under the mineral title to enable the Minister\nto make a proper decision about:\n(a) an application relating to the title; or\n(b) whether the holder of the title has met, or will meet, conditions\nor requirements under this Act.\n(3) A technical work program may include information about any of the\n(a) geological, geochemical or geophysical surveys;\n(b) the assessment of a mineral resource resource and the work\nrequired to develop the resource;\n(c) work to assess the feasibility of mining;\n(d) other work in connection with exploration for, or mining of,\nminerals.\n\nMineral Titles Act 2010 12\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Landowner","content":"14 Landowner\nA landowner is one of the following persons:\n(a) a person recorded in the land register, as defined in section 4\nof the Land Title Act 2000, as a person entitled to:\n(i) the fee simple interest in land; or\n(ii) a lease from the Crown under the Crown Lands\nAct 1992, Pastoral Land Act 1992 or Special Purposes\nLeases Act 1953;\n(b) if the land is an Aboriginal community living area – the\nassociation that holds the land;\n(c) if the land is Aboriginal land – the Land Trust, established\nunder the ALRA, that holds the land;\n(d) if the land is native title land – the holder of the native title;\n(e) if the land is a park or reserve – the entity responsible for the\ncare, control and management of the land;\n(f) if the land is under the care, control and management of the\nConservation Land Corporation established by section 27 of\nthe Parks and Wildlife Commission Act 1980 – that\ncorporation.\nNote for section 14(c) and (d)\nA provision of this Act that deals with a matter relevant to a landowner of\nAboriginal land or native title land is subject to a provision relating to that matter\nin the ALRA or NTA respectively – see section 4(1).\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Park or reserve","content":"15 Park or reserve\n(1) A park or reserve is one of the following:\n(a) a Commonwealth reserve as defined in section 528 of the\nEnvironment Protection and Biodiversity Conservation\nAct 1999 (Cth);\n(b) an area of land declared to be a park or reserve under\nsection 9(4) or 12 of the Territory Parks and Wildlife\nConservation Act 1976;\n(c) a sanctuary as defined in section 3 of the Cobourg Peninsula\nAboriginal Land, Sanctuary and Marine Park Act 1981.\n(2) For subsection (1)(a), a Commonwealth reserve includes a park or\nreserve proclaimed under the National Parks and Wildlife\n\nMineral Titles Act 2010 13\nConservation Act 1975 (Cth) that, under section 3 of the\nEnvironmental Reform (Consequential Provisions) Act 1990 (Cth),\nwas declared as a Commonwealth reserve.\n(3) A declared park or reserve is an area of land mentioned in\nsubsection (1)(b).\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Block","content":"16 Block\n(1) For this Act, the land of the Territory is taken to be divided into\ngraticular sections by the following lines:\n(a) the meridian of longitude 129 degrees east and each meridian\nof longitude east of it, with a distance of one minute between\neach of the meridians;\n(b) the parallel of latitude 26 degrees south and each parallel of\nlatitude north of it, with a distance of one minute between each\nof the parallels.\n(2) The geographical coordinates of the graticular sections are\ndetermined on the basis of GDA 94.\n(3) A block is so much of a graticular section as is within the land of\nthe Territory.\n(4) A reference in this Act to a block includes a reference to part of a\nblock.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Authorised preliminary exploration","content":"17 Authorised preliminary exploration\n(1) A person may enter an area of land of the Territory to conduct\npreliminary exploration of the land only in accordance with this Part.\n(2) The purpose of conducting preliminary exploration of land is to\nenable a person to assess the potential of the land for future\nexploration for minerals or extractive minerals under a mineral title.\n(3) Preliminary exploration of land may include any of the following\nactivities:\n(a) examination of geological characteristics;\n(b) with the Minister's approval – an airborne geoscientific survey;\n(c) removal of small samples of minerals or extractive minerals for\nanalysis;\n\nMineral Titles Act 2010 14\n(d) marking boundaries for a proposed application for a mineral\ntitle.\n(4) Only the following tools or equipment may be used for preliminary\nexploration:\n(a) hand-held and non-mechanical tools, excluding metal\ndetectors;\n(b) global positioning systems;\n(c) other tools or equipment prescribed by regulation.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Declared fossicking area – restriction on marking boundaries","content":"18 Declared fossicking area – restriction on marking boundaries\n(1) A person may conduct preliminary exploration in a declared\nfossicking area without giving notice of the intention, or obtaining\n(2) However, a person conducting preliminary exploration in a declared\nfossicking area may mark boundaries for a proposed application for\na mineral title only with the Minister's consent.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Vacant Crown land – notice","content":"19 Vacant Crown land – notice\n(1) A person may conduct preliminary exploration on vacant Crown\nland in relation to which a person holds a licence granted under\n","sortOrder":18},{"sectionNumber":"Part 7","sectionType":"part","heading":"of the Crown Lands Act 1992 only after:","content":"Part 7 of the Crown Lands Act 1992 only after:\n(a) giving the holder of the licence a notice of the person's\nintention to do so; or\n(b) taking all reasonable steps to give the notice.\n(2) A person may conduct preliminary exploration on any other vacant\nCrown land without giving notice of the intention, or obtaining\n","sortOrder":19},{"sectionNumber":"20","sectionType":"section","heading":"Pastoral land and native title land – notice","content":"20 Pastoral land and native title land – notice\nA person may conduct preliminary exploration on pastoral land or\nnative title land only after:\n(a) giving the landowner or occupier of the land, as specified by\nregulation, a notice of the person's intention to do so; or\n(b) taking all reasonable steps to give the notice.\n\nMineral Titles Act 2010 15\n","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"When consent required","content":"21 When consent required\n(1) This section applies in relation to any of the following land (the\nrelevant land):\n(a) reserved land;\n(b) private land;\n(c) Aboriginal land;\n(d) an Aboriginal community living area;\n(e) a park or reserve.\n(2) A person may conduct preliminary exploration on the relevant land\nonly with the written consent of the following person:\n(a) in relation to reserved land – the Minister;\n(b) in relation to any other relevant land – the landowner.\n(3) A person who consents to preliminary exploration on relevant land\nmay impose reasonable conditions on the entry and use of the land\nfor conducting preliminary exploration.\n(4) In relation to reserved land, the Minister must take into account the\npurpose of the reservation of the land before making a decision\nabout:\n(a) giving or withholding consent for preliminary exploration; or\n(b) imposing conditions on the entry onto and use of the land for\nconducting preliminary exploration.\n(5) In relation to private land or a park or reserve:\n(a) the landowner of the relevant land must not unreasonably\nwithhold consent for a person to conduct preliminary\nexploration of the relevant land; and\n(b) a dispute about the withholding of consent may be decided by\nthe Tribunal on application by the person wishing to conduct\nthe preliminary exploration.\n","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Requirements for title area or proposed title area","content":"22 Requirements for title area or proposed title area\n(1) In relation to land in a title area, a person who is not the title holder\nmay conduct preliminary exploration of the land only as prescribed\nby regulation.\n\nMineral Titles Act 2010 16\n(2) In relation to land in the proposed title area of an EL or EMEL, or an\nMA that corresponds to an EL or EMEL (the relevant application):\n(a) the person who made the relevant application may conduct\npreliminary exploration in the proposed title area; and\n(b) another person may conduct preliminary exploration in the\nproposed title area only as prescribed by regulation.\n","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Multiple requirements for preliminary exploration","content":"23 Multiple requirements for preliminary exploration\n(a) a person conducts or intends to conduct preliminary\nexploration on an area of land; and\n(b) more than one provision of this Part applies in relation to the\nland (for example, because it is pastoral land and also the title\narea of an EL).\n(2) The person must comply with each requirement under this Part for\nthe land.\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"General obligations for preliminary exploration","content":"24 General obligations for preliminary exploration\n(1) A person conducting preliminary exploration of land must comply\nwith the reasonable conditions or requests of the landowner.\n(2) The person may use water conserved artificially by or for the\nlandowner only with the landowner's consent.\n(3) If it is necessary for the person to stay overnight on the land, the\nperson must take all reasonable steps to inform the landowner of\nthat fact.\n(4) The person must have in the person's possession the documents\nrequired by regulation, which may include documents relating to the\nperson's identity and proof of attempts to give notice of the\npreliminary exploration.\n(5) This section does not affect the person's obligation to comply with\nother laws in force in relation to the land.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Regulations relating to preliminary exploration","content":"25 Regulations relating to preliminary exploration\nA regulation may provide for any of the following:\n(a) particular activities that may be conducted for preliminary\nexploration;\n\nMineral Titles Act 2010 17\n(b) conditions relating to conducting particular activities for\npreliminary exploration;\n(c) information to be given to the Minister by a person conducting\npreliminary exploration;\n(d) circumstances when notice must be given, or steps must be\ntaken for giving notice, to a landowner or occupier of land, of a\nperson's entry onto land;\n(e) the contents of a notice or application to be given or made to\nthe Minister, a landowner or an occupier of land;\n(f) procedures and limitations of time applicable to a matter\nmentioned in this section.\n","sortOrder":25},{"sectionNumber":"Part 3","sectionType":"part","heading":"Minerals – exploration, evaluation, mining and","content":"Part 3 Minerals – exploration, evaluation, mining and\nprocessing\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Mineral exploration licence","content":"26 Mineral exploration licence\n(1) A mineral exploration licence is a mineral title that gives the title\n(a) the right to occupy the title area specified in the EL; and\n(b) the exclusive right to conduct exploration for minerals in the\ntitle area and other activities specified in section 31; and\n(c) the exclusive right to apply for a mineral lease for all or part of\nthe title area.\n(a) during the period the EL is in force; and\n(b) in accordance with this Act and the conditions of the EL.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Application for and grant of EL","content":"27 Application for and grant of EL\ngrant of an EL.\n(2) The application must include:\n(a) a description of the blocks comprising the proposed title area\nof the EL; and\n\nMineral Titles Act 2010 18\n(b) a technical work program for the first 2 operational years of\nthe EL.\n(3) The Minister may grant an EL for a term not exceeding 6 years.\nNotes for section 27\n1 Section 28, Part 5, Division 1 and section 164 include other provisions\nrelevant to the application.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Title area of EL on grant","content":"28 Title area of EL on grant\n(1) The title area of an EL on the day it is granted may comprise a\nminimum of 4 adjoining blocks and a maximum of 250 blocks.\n(2) If the Minister considers it appropriate, the title area may be divided\ninto a maximum of 3 separate areas in the same geographic area,\neach area comprising a minimum of 4 adjoining blocks.\n(3) Despite subsections (1) and (2), the Minister may grant an EL with\na title area smaller than 4 adjoining blocks if there are\ncircumstances to justify it (for example, because of the geography\nor natural configuration of the land).\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Reduction of title area of EL","content":"29 Reduction of title area of EL\n(1) This section applies in relation to the operational years of an EL:\n(a) during the term for which the EL is first granted; and\n(b) only if it is possible to reduce the title area to comply with\nsubsection (3)(a).\n(2) Unless the Minister decides otherwise under subsection (4), the title\narea of an EL must be reduced at the end of each period of\n2 operational years (a reduction period), including the last\n2 operational years if the title holder applies for a renewal of the EL.\n(3) Before the end of a reduction period, the title holder must give the\nMinister a notice nominating the blocks to be retained in the title\narea of the EL:\n(a) so that the title area after the reduction will comprise no more\nthan 3 separate areas of at least 4 adjoining blocks each; and\n(b) in the following way:\n(i) if the title area comprises an even number of blocks – by\nnominating no more than half that number;\n\nMineral Titles Act 2010 19\n(ii) if the title area comprises an odd number of blocks – by\nincreasing the number of blocks by one and nominating\nno more than half that number.\n(4) However, the Minister may, on application by the title holder or on\nthe Minister's own initiative, decide:\n(a) no reduction of the title area is required at the end of a\nreduction period; or\n(b) a lesser reduction than is required under subsection (3)(b), as\nspecified in the decision, is permitted at the end of a reduction\nperiod; or\n(c) to defer the reduction of the title area by a period, specified in\nthe decision, not exceeding 12 months.\n(5) Before making a decision under subsection (4), the Minister must\ntake into account:\n(a) the extent to which a reduction of the title area may affect the\nauthorised activities conducted under the EL; and\n(b) any other matter prescribed by regulation.\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Renewal of EL","content":"30 Renewal of EL\n(1) Before the end of the term of an EL, the title holder may apply in the\napproved form to the Minister for the renewal of the EL for all or\nsome of the blocks in the title area.\n(2) The Minister may renew the EL for a term not exceeding 2 years.\n(3) The EL may be renewed more than once.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Authorised activities under EL","content":"31 Authorised activities under EL\n(1) An EL gives the title holder the right to conduct activities in\nconnection with exploration for minerals, including the following:\n(a) digging pits, trenches and holes, and sinking bores and\ntunnels, in the title area;\n(b) activities for ascertaining the quality, quantity or extent of ore\nor other material in the title area by drilling or other methods;\n\nMineral Titles Act 2010 20\n(c) the extraction and removal of samples of ore and other\nsubstances from the title area in amounts reasonably\nnecessary for the evaluation of the potential for mining in the\nNote for subsection (1)(a)\nThe right to do bore work is subject to the Water Act 1992.\n(2) Despite subsection (1)(c), the title holder may remove larger\nsamples of ore and other substances from the title area if the\nMinister:\n(a) is satisfied it is appropriate in the circumstances to do so; and\n(b) has authorised the removal.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Conditions of EL","content":"32 Conditions of EL\n(1) Before starting to conduct authorised activities under an EL, the title\nholder must follow the procedures prescribed by regulation for\ngiving notice to landowners or occupiers of land in the title area:\n(a) of the intention to start conducting the activities; and\n(b) of the entry of the title holder onto the land to conduct the\n(2) The holder of an EL must:\n(a) carry out the work necessary for the discovery and\nassessment of the potential value of minerals in the title area\nsubstantially in accordance with:\n(i) the technical work program for the EL; and\n(ii) the expenditure requirements specified in the EL; and\n(b) if a mineral that may be of economic or scientific interest is\ndiscovered in the title area – give the Minister a notice of the\ndiscovery within 28 days after the mineral is discovered; and\n(c) if underground water is found when conducting authorised\nactivities – notify the Minister of the find within 28 days and\ngive the Minister the samples and data the Minister requires;\nand\n(d) before the end of each operational year of the EL, give the\nMinister a technical work program for the authorised activities\nto be conducted in the title area in the next operational year.\n\nMineral Titles Act 2010 21\n(3) The holder of an EL must not:\n(a) extract or remove ore or another substance from the title area\nunless authorised under section 31(1)(c) or (2); or\n(b) sell a mineral discovered in the title area unless the Minister\nhas approved the sale.\nNote for section 32\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Application for designation of EL as ELR","content":"33 Application for designation of EL as ELR\n(1) Before the end of the term of an EL, the title holder may apply in the\napproved form to the Minister for the EL to be designated as an\nexploration licence in retention in relation to:\n(a) all of the title area of the EL; or\n(b) one or more parts of the title area of the EL.\n(2) The title holder may apply for the designation only if:\n(a) an ore body or anomalous zone of possible economic\npotential has been found in the proposed title area of the ELR;\nand\n(b) the title holder reasonably believes that mining minerals in the\nproposed title area:\n(i) is not currently commercially viable; or\n(ii) may be currently commercially viable but further work is\nrequired for assessing its feasibility.\n(3) The application must include the following information:\n(a) a description of the proposed title area of the ELR;\n(b) a technical work program for the proposed title area for the\nfirst operational year of the ELR.\nNotes for section 33\n\nMineral Titles Act 2010 22\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Designation and issuing of ELR","content":"34 Designation and issuing of ELR\n(1) The Minister may decide to designate an EL as an ELR in relation\nto all, or one or more parts, of the title area of the EL if satisfied:\n(a) about the matters mentioned in section 33(2)(a) and (b); and\n(b) the applicant will have the technical and financial capacity to\ndevelop and mine the mineral deposits in the title area of the\nELR.\n(2) After making a decision under subsection (1), the Minister must\nissue the applicant with a mineral exploration licence in retention.\n(3) A mineral exploration licence in retention is a mineral title that\ngives the title holder:\n(a) the right to occupy the title area specified in the ELR; and\n(b) the exclusive right to conduct the activities specified in\nsection 37; and\n(c) the exclusive right to apply for a mineral lease for all or part of\nthe title area.\n(4) The rights of the title holder may be exercised only:\n(a) during the period the ELR is in force; and\n(b) in accordance with this Act and the conditions of the ELR.\n(5) The Minister may issue the ELR for a term not exceeding 5 years.\nNote for section 34\nPart 5, Division 2 includes procedures relevant to making a decision for this\nsection.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Effect on EL","content":"35 Effect on EL\n(1) The term and title area of an EL are not affected by:\n(a) the making of an application under section 33; or\n(b) a refusal of the application by the Minister.\n(2) The issuing of an ELR for part of the title area of an EL removes the\ntitle area of the ELR from the title area of the EL.\n(3) An ELR issued for all of the title area of an EL replaces the EL.\n\nMineral Titles Act 2010 23\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Renewal of ELR","content":"36 Renewal of ELR\n(1) Before the end of the term of an ELR, the title holder may apply in\nthe approved form to the Minister for the renewal of the ELR for all\n(2) The Minister may renew the ELR, for a term not exceeding 5 years,\nif satisfied about the following matters:\n(a) the work carried out under the technical work program for the\nELR;\n(b) the title holder has the technical and financial capacity to\ncontinue to carry out that work;\n(c) any other matters prescribed by regulation.\n(3) The ELR may be renewed more than once.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Authorised activities under ELR","content":"37 Authorised activities under ELR\n(1) An ELR gives the title holder the right to continue conducting the\nauthorised activities for an EL.\n(2) In particular, the title holder of an ELR has the right to carry out the\nstudies and tests necessary to assess the development potential of\nore bodies or anomalous zones in the title area for the evaluation of\nthe commercial viability of mining and processing minerals in the\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Conditions of ELR","content":"38 Conditions of ELR\n(1) The conditions of an ELR are:\n(a) the conditions specified in section 32 for an EL; and\n(b) the title holder must apply for the grant of a mineral lease if the\nmining and processing of minerals in the title area of the ELR\nbecomes commercially viable.\n(2) The Minister may impose additional conditions on an ELR relevant\nto the evaluation of the commercial viability of mining and\nprocessing minerals found in the title area.\nNote for section 38\n\nMineral Titles Act 2010 24\n","sortOrder":39},{"sectionNumber":"39","sectionType":"section","heading":"Requirement if mining and processing appear viable","content":"39 Requirement if mining and processing appear viable\n(1) If the Minister is satisfied mining and processing of minerals in the\ntitle area of an ELR is commercially viable and should begin as\nsoon as possible, the Minister may give the title holder a notice\nstating:\n(a) the title holder must, within the time specified by the notice:\n(i) give the Minister written reasons why the title holder has\nnot applied for a mineral lease for all or part of the title\narea of the ELR; or\n(ii) apply for a mineral lease for all or part of the title area of\nthe ELR; and\n(b) if the title holder does not give reasons or apply for a mineral\nlease within the specified time, the Minister may cancel the\nELR under this section.\n(2) The Minister may cancel the ELR after the time specified in the\nnotice if:\n(a) the title holder does not give reasons or apply for a mineral\nlease within that time; or\n(b) having regard to the reasons given by the title holder – the\nMinister is satisfied it is in the interests of the Territory that the\nELR should be cancelled.\n","sortOrder":40},{"sectionNumber":"40","sectionType":"section","heading":"Mineral lease","content":"40 Mineral lease\n(1) A mineral lease is a mineral title that gives the title holder:\n(a) the right to occupy the title area specified in the ML; and\n(b) the exclusive right to:\n(i) conduct mining for minerals in the title area and other\nactivities specified in section 44(1) and (2); or\n(ii) conduct activities in the title area that are ancillary to\nmining conducted under another ML granted to the title\nholder (for example, operating a treatment plant); or\n(iii) conduct tourist fossicking in the title area and the activity\nspecified in section 44(3).\n\nMineral Titles Act 2010 25\n(a) during the period the ML is in force; and\n(b) in accordance with this Act and the conditions of the ML.\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Application for and grant of ML","content":"41 Application for and grant of ML\ngrant of an ML.\n(2) An application for the grant of an ML must include the following\ninformation:\nthe ML;\n(b) evidence of an ore body or anomalous zone of likely economic\nvalue in the proposed title area, unless the ML is required to\nconduct activities mentioned in section 40(1)(b)(ii);\n(c) a technical work program for the first operational year of the\nML.\n(2A) An application for an ML may be accompanied by a copy of a report\nto the Australian Securities Exchange Limited that:\n(a) relates to the proposed title area of the ML; and\n(b) complies with the Australasian Code for Reporting of\nExploration Results, Mineral Resources and Ore Reserves\npublished by the Joint Ore Reserves Committee as that Code\nis in force from time to time.\n(3) The Minister may grant an ML for the term the Minister considers\nappropriate.\nNotes for section 41\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Requirement to construct new road","content":"42 Requirement to construct new road\n(1) This section applies in relation to an application for the grant of\nan ML for a proposed title area that includes an existing road\nconstructed by a person other than the applicant for the ML.\n\nMineral Titles Act 2010 26\n(2) If, immediately or soon after the grant of an ML, the existing road\nwill become unusable because of the authorised activities being (or\nsoon to be) conducted under the ML, the Minister may:\n(a) require the applicant to construct another road, to a standard\nacceptable to the Minister, for use instead of the existing road;\nand\n(b) grant an ML only if the applicant gives the Minister a written\nundertaking that the applicant will comply with the requirement\nunder paragraph (a).\n(3) If the existing road will not become unusable immediately or soon\nafter the grant of an ML because of the authorised activities to be\nconducted under the ML, but may become unusable for that reason\nin the future, the Minister may grant an ML only if the applicant\ngives the Minister a written undertaking that the applicant will\ncomply with a future requirement of the Minister as mentioned in\nsubsection (2)(a).\n(4) If the Minister grants an ML in accordance with subsection (2)\nor (3), the Minister may include a condition in the ML relating to the\nrequired construction of the other road.\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Renewal of ML","content":"43 Renewal of ML\n(1) Before the end of the term of an ML, the title holder may apply in\nthe approved form to the Minister for the renewal of the ML for all or\npart of the title area.\n(2) The Minister may renew the ML for the term the Minister considers\nappropriate.\n(3) The ML may be renewed more than once.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Authorised activities under ML","content":"44 Authorised activities under ML\n(1) An ML that gives the title holder the right to conduct mining in the\ntitle area also gives the title holder the right to conduct the following\nactivities:\n(a) exploration for minerals in the title area;\n(b) the evaluation, processing or refining of minerals in the title\narea;\n(c) the treatment of tailings and other material in the title area;\n(d) the storage of waste and other material in the title area;\n\nMineral Titles Act 2010 27\n(e) the removal of minerals from the title area;\n(f) other activities, as specified in the ML, in connection with an\nactivity mentioned in this subsection.\n(2) An ML mentioned in subsection (1) also gives the title holder the\nright to conduct any of the following activities:\n(a) mining extractive minerals in the title area;\n(b) tourist fossicking;\n(c) other activities, as specified in the ML, in connection with an\nactivity mentioned in this subsection.\n(3) An ML that gives the title holder the right to conduct tourist\nfossicking also gives the title holder the right to use mechanical\nequipment in association with the fossicking conducted under\nthe ML.\nExample for subsection (3)\nEquipment to dig an area of soil to facilitate the fossicking.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"Conditions of ML","content":"45 Conditions of ML\nThe holder of an ML must:\n(a) comply with all contractual arrangements entered into with the\nTerritory relating to the mining and development of mineral\ndeposits in the title area and the processing of the minerals;\nand\n(ab) conduct authorised activities in relation to the title area\nsubstantially in accordance with the technical work program\nfor the ML; and\n(b) conduct authorised activities in relation to the title area in a\nway that interferes as little as possible with the rights of other\noccupiers of land in the vicinity of the title area.\nNote for section 45\n\nDivision 1 Mineral title for exploration for extractive minerals\nMineral Titles Act 2010 28\nPart 4 Extractive minerals – exploration, surface\nextraction and mining\nDivision 1 Mineral title for exploration for extractive minerals\n46 Extractive mineral exploration licence\n(1) An extractive mineral exploration licence is a mineral title that\ngives the title holder:\n(a) the right to occupy the title area specified in the EMEL; and\n(b) the exclusive right to conduct exploration for extractive\nminerals in the title area and other activities specified in\nsection 48; and\n(c) the exclusive right to apply for an extractive mineral permit or\nextractive mineral lease for all or part of the title area.\n(a) during the period the EMEL is in force; and\n(b) in accordance with this Act and the conditions of the EMEL.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Application for and grant of EMEL","content":"47 Application for and grant of EMEL\ngrant of an EMEL.\n(2) The application must include:\n(a) a description of the blocks comprising the proposed title area\nof the EMEL, which must not exceed 4; and\nconducting authorised activities under the EMEL for the\nproposed term of the EMEL and an estimate of the proposed\nexpenditure on exploration.\n(3) The Minister may grant an EMEL for a term not exceeding 2 years.\n(4) An EMEL is not renewable.\nNotes for section 47\n\n","sortOrder":47},{"sectionNumber":"Div 2","sectionType":"division","heading":"Mineral title for surface extraction of extractive minerals","content":"Division 2 Mineral title for surface extraction of extractive minerals\nMineral Titles Act 2010 29\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Authorised activities under EMEL","content":"48 Authorised activities under EMEL\nAn EMEL gives the title holder the right to conduct the following\nactivities in the title area:\n(a) activities in connection with exploration for extractive minerals\nthat are reasonably necessary for the exploration;\n(b) other related activities as specified in the EMEL.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Condition of EMEL","content":"49 Condition of EMEL\nIt is a condition of an EMEL that, before starting to conduct\nauthorised activities under the EMEL, the title holder must follow\nthe procedures prescribed by regulation for giving notice to\nlandowners or occupiers of land in the title area:\n(a) of the intention to start conducting the activities; and\n(b) of the entry of the title holder onto the land to conduct the\nNote for section 49\nDivision 2 Mineral title for surface extraction of extractive\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Extractive mineral permit","content":"50 Extractive mineral permit\n(1) An extractive mineral permit is a mineral title that gives the title\n(a) the right to occupy the title area specified in the EMP; and\n(b) the exclusive right in the title area to extract, from the natural\nsurface of the land only, extractive minerals and to conduct\nthe activities specified in section 53; and\n(c) the exclusive right to apply for an extractive mineral lease for\nall or part of the title area.\n(a) during the period the EMP is in force; and\n(b) in accordance with this Act and the conditions of the EMP.\n\nDivision 2 Mineral title for surface extraction of extractive minerals\nMineral Titles Act 2010 30\n(3) A person does not require an EMP for the extraction of extractive\nminerals if the extraction is incidental to a construction project and\nnot for the sale of the extractive minerals.\nExamples for subsection (3)\n1 The extraction of sand or gravel from pastoral land by the landowner to\nconstruct a dam or road on the land.\n2 The extraction of soil or rock from land during the construction of a building\non the land.\n51 Application for and grant of EMP\n(1) A person may apply to the Minister in the approved form for the\ngrant of an EMP.\n(2) The application must include the following information:\nthe EMP, which must not exceed 100 hectares;\nconducting authorised activities under the EMP.\n(3) The Minister may grant an EMP for a term not exceeding 5 years.\nNotes for section 51\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Renewal of EMP","content":"52 Renewal of EMP\n(1) Before the end of the term of an EMP, the title holder may apply in\nthe approved form to the Minister for the renewal of the EMP for all\n(2) The Minister may renew the EMP for a period not exceeding\n5 years.\n(3) The EMP may be renewed more than once.\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Authorised activities under EMP","content":"53 Authorised activities under EMP\nAn EMP gives the title holder the right to conduct the following\nactivities in connection with the extraction of extractive minerals\nfrom the natural surface of the land in the title area:\n(a) the temporary storage and temporary processing of the\nextractive minerals in the title area;\n\nMineral Titles Act 2010 31\n(b) the removal of the extractive minerals from the title area;\n(c) other related activities as specified in the EMP.\nNote for Part 4, Division 2\nSee Part 5, Division 4 for the conditions of an EMP.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Extractive mineral lease","content":"54 Extractive mineral lease\n(1) An extractive mineral lease is a mineral title that gives the title\n(a) the right to occupy the title area specified in the EML; and\n(b) the exclusive right to conduct mining for extractive minerals in\nthe title area and other activities specified in section 57.\n(a) during the period the EML is in force; and\n(b) in accordance with this Act and the conditions of the EML.\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Application for and grant of EML","content":"55 Application for and grant of EML\ngrant of an EML.\n(2) The application must include the following information:\nthe EML, which must not exceed 100 hectares;\nconducting authorised activities under the EML.\n(3) The Minister may grant an EML for a term not exceeding 10 years.\nNotes for section 55\n\nMineral Titles Act 2010 32\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Renewal of EML","content":"56 Renewal of EML\n(1) Before the end of the term of an EML, the title holder may apply in\nthe approved form to the Minister for the renewal of the EML for all\n(2) The Minister may renew the EML for a term not exceeding\n10 years.\n(3) The EML may be renewed more than once.\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Authorised activities under EML","content":"57 Authorised activities under EML\nAn EML gives the title holder the right to conduct the following\nactivities in connection with the mining of extractive minerals in the\ntitle area:\n(a) the processing of extractive minerals in the title area;\n(b) the removal of extractive minerals from the title area;\n(c) storage of waste and other material in the title area;\n(d) other related activities as specified in the EML.\nNote for Part 4, Division 3\nSee Part 5, Division 4 for the conditions of an EML.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Necessary criteria for mineral title application","content":"58 Necessary criteria for mineral title application\n(1) A person who makes a mineral title application must meet the\nnecessary criteria for the application.\n(2) The necessary criteria for a mineral title application are as follows:\n(a) the applicant must have given the Minister all the information\nrequired to make a proper decision;\n(b) the applicant must have complied with requirements under this\nAct;\n(c) if the applicant currently holds one or more mineral titles – the\napplicant must have complied substantially with the conditions\nof each mineral title, to the extent required by the Minister;\n\nMineral Titles Act 2010 33\n(d) any other necessary criteria specified by regulation for the\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Age restriction on individuals who may make application","content":"59 Age restriction on individuals who may make application\nA person who is an individual may make a mineral title application\nonly if the person has attained 18 years of age.\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Grant application – declared fossicking area","content":"60 Grant application – declared fossicking area\nA person who intends to apply for the grant of a mineral title for any\nland in a declared fossicking area must first apply to the Minister for\nconsent to include the land in the proposed title area of the\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Grant application – Aboriginal community living area","content":"61 Grant application – Aboriginal community living area\nA person is not entitled to apply for the grant of a mineral title for\nany excluded land in an Aboriginal community living area unless the\nperson has written consent to do so given by the landowner for the\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Grant application – EL for Aboriginal land","content":"62 Grant application – EL for Aboriginal land\n(1) A person must not, under Part IV of the ALRA, enter into\nnegotiations with a Land Council for consent to the grant of an EL\nfor Aboriginal land unless the person:\n(a) has applied under this Act for the EL; and\n(b) has the Minister's consent to enter into the negotiations.\n(2) For subsection (1)(b), the Minister may:\n(a) give consent conditionally or unconditionally; or\n(b) withdraw consent at any time during the negotiations under\nthe ALRA and refuse to grant the EL; or\n(c) refuse to give consent and refuse to grant the EL.\n(3) If section 48(1) of the ALRA applies in relation to particular\nAboriginal land, a person must not make an application for an EL\nexcept with the Minister's approval.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Grant application – ML for Aboriginal land","content":"63 Grant application – ML for Aboriginal land\n(1) A person is not entitled to apply for the grant of an ML for Aboriginal\nland unless the person holds an EL or ELR for the land.\n\nMineral Titles Act 2010 34\n(2) Subsection (1) does not apply in relation to any of the following:\n(a) a person who is a traditional Aboriginal owner in relation to the\nland as defined in section 3(1) of the ALRA;\n(b) a person who made an application for the grant of an ML for\nthe land before it became Aboriginal land;\n(c) the Ranger Project Area;\n(d) the Noranda Project Area described by regulation;\n(e) the Pancontinental Project Area described by regulation.\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Grant application – EMP or EML for Aboriginal land","content":"64 Grant application – EMP or EML for Aboriginal land\nAs soon as practicable after a person applies for the grant of an\nEMP or EML for Aboriginal land, the Minister must give notice of the\napplication to the Land Council for the land comprising the\nproposed title area.\n","sortOrder":64},{"sectionNumber":"64A","sectionType":"section","heading":"Grant application – reserved legacy mine site","content":"64A Grant application – reserved legacy mine site\nA person is not entitled to apply for the grant of a mineral title for\nland that is a reserved legacy mine site under section 14 of the\nLegacy Mines Remediation Act 2023.\n","sortOrder":65},{"sectionNumber":"65","sectionType":"section","heading":"Applications relating to same land or existing title area or","content":"65 Applications relating to same land or existing title area or\nexisting proposed title area\n(1) If 2 or more applications for the grant of a mineral title for the same\narea of land are lodged with the Agency on the same business day,\nthe Minister must consider and decide each application in\naccordance with this Act.\n(2) A person is not entitled to apply for the grant of an EL for an area of\nland previously in or comprising the title area of an EL until after the\nend of 30 days after that EL ceases to be in force for the land.\n(3) A person (the applicant) is not entitled to apply for the grant of a\nmineral title, or the designation of an ELR, for an area of land in or\ncomprising an existing title area or existing proposed title area\nexcept as prescribed by regulation.\n(4) In subsection (3):\ndesignation of an ELR means the designation of an EL as an ELR\nunder section 34.\n\nMineral Titles Act 2010 35\nexisting proposed title area means the proposed title area\ndescribed in an application for the grant of a mineral title, or the\ndesignation of an ELR, lodged with the Agency:\n(a) by a person other than the applicant; and\n(b) on a business day earlier than the business day on which the\napplicant’s application is lodged.\nexisting title area means the title area of a mineral title held by a\nperson other than the applicant.\nNote for section 65\nSee section 164(6) for information about a business day.\n","sortOrder":66},{"sectionNumber":"66","sectionType":"section","heading":"Grant application – required information and notice","content":"66 Grant application – required information and notice\n(1) Each application for the grant of a mineral title must include a list of\nlandowners whose land comprises all or part of the proposed title\n(2) No later than 14 days after lodging an application for the grant of a\nmineral title, the applicant must serve a notice of the making of the\napplication on each landowner listed in the application.\n(3) The Minister may also require the applicant to serve a notice of the\nmaking of the application on other specified persons within a\nspecified time.\n(4) No later than 14 days after service of a notice under this section,\nthe applicant must give the Minister proof of service.\nNote for subsections (2) to (4)\nUnder section 167, the Minister may extend the specified time.\n","sortOrder":67},{"sectionNumber":"67","sectionType":"section","heading":"Renewal application – prescribed rent required","content":"67 Renewal application – prescribed rent required\nAn application for the renewal of a mineral title must be\naccompanied by the rent prescribed by regulation for that mineral\ntitle for the first operating year after the renewal.\n","sortOrder":68},{"sectionNumber":"68","sectionType":"section","heading":"Renewal application – effect on mineral title","content":"68 Renewal application – effect on mineral title\nIf the holder of a mineral title applies for renewal of the title before\nthe end of its current term, the title continues in force until the\nMinister's decision takes effect in relation to the renewal or refusal\nto renew the title.\n\nMineral Titles Act 2010 36\n","sortOrder":69},{"sectionNumber":"69","sectionType":"section","heading":"Variation or replacement of application","content":"69 Variation or replacement of application\n(1) A mineral title application may be:\n(a) varied; or\n(b) withdrawn and replaced by 2 or more applications.\n(2) The variation or replacement may be:\n(a) on the applicant's initiative; or\n(b) as recommended by the Minister.\nExamples for section 69\n1 A variation of the proposed title area because of the geography or natural\nconfiguration of the land.\n2 A variation of the proposed title area because several other mineral titles are\nin force for part of that area and the Minister considers the title areas of those\ntitles should not be covered by the title area of the new title.\n3 Separate applications to facilitate different processes because part of the\nproposed title area is subject to processes under the ALRA or NTA.\n","sortOrder":70},{"sectionNumber":"70","sectionType":"section","heading":"Initial consideration of mineral title application","content":"70 Initial consideration of mineral title application\n(1) Before making a decision about a mineral title application, the\nMinister must take into account whether the applicant has met the\nnecessary criteria for the application.\n(2) If the Minister is satisfied the applicant has not met the necessary\ncriteria for the application, the Minister may refuse the application.\n(3) The Minister may also refuse the application if satisfied it is\nappropriate to do so for another reason.\n(4) Without limiting subsection (3), the Minister may be satisfied it is\nappropriate to refuse an application for the grant or renewal of a\nmineral title if there is clear evidence that the applicant is not a fit\nand proper person to hold the mineral title.\n\nMineral Titles Act 2010 37\n","sortOrder":71},{"sectionNumber":"70A","sectionType":"section","heading":"Fit and proper person to hold mineral title","content":"70A Fit and proper person to hold mineral title\n(1) In considering under section 70(4) whether a person is or is not a fit\nand proper person to hold a mineral title, the Minister:\n(a) may have regard to whether there are reasonable grounds to\nbelieve that the person:\n(i) has contravened a law of the Territory or another\njurisdiction that relates to the physical or biological\nenvironment, including matters relating to pollution,\nbiodiversity, natural resources, planning, development or\nwaste; or\n(ii) has contravened a law of the Territory or another\njurisdiction that relates to heritage, health or cultural\nmatters, including matters relating to sacred sites; or\n(iii) has contravened a law of the Territory or another\njurisdiction that relates to work health and safety; or\n(iv) has contravened a law of the Territory under which a tax\nor royalty is payable to the Territory; or\n(v) has committed an offence against any law of the\nTerritory or another jurisdiction that involves an element\nof fraud or dishonesty; or\n(vi) has behaved or is likely to behave in a way that is\ninconsistent with the person's duties as a title holder;\nand\n(b) may have regard to the matters prescribed by regulation; and\n(c) may have regard to any other matters the Minister considers\nrelevant.\n(2) Nothing in section 70(4) requires the Minister to conduct an\ninvestigation to determine whether a person is a fit and proper\nperson.\n","sortOrder":72},{"sectionNumber":"71","sectionType":"section","heading":"Public notice of application for grant of mineral title","content":"71 Public notice of application for grant of mineral title\n(1) This section applies if, after considering an application for the grant\nof a mineral title, the Minister is satisfied:\n(a) there is no reason to refuse the application under section 70;\nand\n\nMineral Titles Act 2010 38\n(b) the applicant has paid the advertising costs of giving public\nnotice of the application, if required by the Minister.\n(2) The Minister must publish, in a newspaper circulating throughout\nthe Territory, a notice stating that the application for a mineral title\nhas been made.\n(a) the name of the applicant;\n(b) the type of mineral title to which the application relates;\n(c) a description or map of the proposed title area that clearly\nindicates its location and boundaries;\n(d) a statement that a landowner of land in or comprising the\nproposed title area may, in writing and within the period\nspecified in the notice, object to the grant of the mineral title;\n(e) a statement that any other person may, in writing and within\nthe period specified in the notice, make written submissions\nabout the application;\n(f) the address where objections and submissions may be given\nto the Minister;\n(g) other details about the application that the Minister considers\nwill allow a person to make proper objections or submissions.\n(4) The period specified under subsection (3)(d) or (e) must be at least\n30 days after the day on which the notice is published.\n(5) This section applies in relation to an application for the grant of an\nMA only if the Minister requires it.\n","sortOrder":73},{"sectionNumber":"72","sectionType":"section","heading":"Objections and submissions about grant of mineral title","content":"72 Objections and submissions about grant of mineral title\n(1) As soon as practicable after the end of the period mentioned in\nsection 71(4), the Minister must give the applicant for the grant of\nthe mineral title:\n(a) a copy of each objection and submission given to the Minister\nas provided by section 71(3)(d) and (e); and\n(b) a notice stating the applicant's right to respond to any of the\nobjections or submissions in accordance with subsection (2).\n\nMineral Titles Act 2010 39\n(2) If the applicant wishes to respond to an objection or submission, the\napplicant:\n(a) must, within 21 days after the date of the notice given under\nsubsection (1)(b), give the Minister a written response; and\n(b) may give a copy of the response to the person who made the\nobjection or submission.\n","sortOrder":74},{"sectionNumber":"73","sectionType":"section","heading":"Grant or issue of title for land in declared park or reserve","content":"73 Grant or issue of title for land in declared park or reserve\n(1) The Minister may grant or issue a mineral title for land in a declared\npark or reserve only after consulting with the Minister administering\nthe Territory Parks and Wildlife Conservation Act 1976 (the\nrelevant minister) and taking into account the opinion of the\nrelevant minister.\n(2) The relevant minister may specify conditions in relation to the grant\nof any of the following mineral titles for land in a declared park or\nreserve:\n(a) an ML, EMP or EML; or\n(b) an MA that corresponds to an ML, EMP or EML.\n(3) If land in a declared park or reserve is also declared to be a\nwilderness zone under section 12 of the Territory Parks and Wildlife\nConservation Act 1976, the relevant minister may specify conditions\nin relation to any of the following:\n(a) the grant of an EL or EMEL;\n(b) the grant of an MA that corresponds to an EL or EMEL;\n(c) the issuing of an ELR or the grant of an MA that corresponds\nto an ELR.\n(4) If the relevant minister specifies conditions under subsection (2)\nor (3), the Minister may grant or issue the relevant mineral title only\nin accordance with the conditions.\n","sortOrder":75},{"sectionNumber":"74","sectionType":"section","heading":"Grant relating to Aboriginal land or native title land","content":"74 Grant relating to Aboriginal land or native title land\n(1) If any of the proposed title area of an application for the grant of a\nmineral title comprises Aboriginal land, the Minister may grant a\nmineral title for that land only if satisfied the applicant has obtained\nthe permit, consent or agreement required under the ALRA.\n\nMineral Titles Act 2010 40\n(2) If the Minister is satisfied the grant of a mineral title will be a future\nact in relation to any of the proposed title area of the application for\nthe grant, the Minister may grant the mineral title only if satisfied all\nprocedures under the NTA relevant to the future act have been\nfollowed.\nfuture act, see section 233 of the NTA.\n","sortOrder":76},{"sectionNumber":"75","sectionType":"section","heading":"Grant to tenants in common","content":"75 Grant to tenants in common\nIf the Minister grants a mineral title to 2 or more persons, the\nmineral title is held by the persons as tenants in common:\n(a) in the percentages specified in the mineral title (as indicated in\nthe application for the grant); or\n(b) if no percentage is specified – in equal shares.\n","sortOrder":77},{"sectionNumber":"76","sectionType":"section","heading":"Survey of particular title areas","content":"76 Survey of particular title areas\n(1) This section applies in relation to any of the following applications:\n(a) an application under section 33 for the designation of an EL as\nan ELR;\n(b) an application under Part 3 or 4 for the grant of an ML, EML or\nEMP;\n(c) an application under section 118(1) for the grant of an MA, if\nthe Minister requires a survey of the proposed title area of the\nMA.\n(2) The applicant must survey the proposed title area of the mineral\ntitle, and give the Minister a copy of the plan of survey, before the\nMinister may issue the ELR or grant the ML, EML, EMP or MA (as\napplicable).\n(3) However, if the Minister is satisfied there are reasons to justify a\ndelay in surveying the proposed title area of the mineral title, the\nMinister may:\n(a) issue or grant the title before the proposed title area is\nsurveyed; and\n(b) require the applicant to complete a survey of the title area\nwithin a specified period not exceeding 6 months; and\n\nMineral Titles Act 2010 41\n(c) include the requirement under paragraph (b) as a condition of\nthe title.\n(4) In relation to an application for the grant of an ML or EML, if the title\narea to be surveyed:\n(a) exceeds the size prescribed by regulation – the applicant\nmust:\n(i) have the title area surveyed by a licensed surveyor as\ndefined in section 4 of the Licensed Surveyors Act 1983;\nand\n(ii) give the Minister a copy of the plan of survey for the title\narea certified by the Surveyor-General under the\nLicensed Surveyors Act 1983; or\n(b) does not exceed the size prescribed by regulation – the\napplicant must survey the title area as prescribed by\nregulation.\n(5) In relation to an application for the designation of an EL as an ELR,\nor the grant of an EMP or MA, the applicant must survey the title\narea as prescribed by regulation.\n","sortOrder":78},{"sectionNumber":"77","sectionType":"section","heading":"Discretions relating to title area","content":"77 Discretions relating to title area\n(1) On the grant of a mineral title, the Minister may exclude land from\nthe title area if the Minister considers it appropriate to do so (for\nexample, to prevent authorised activities being conducted over or in\nthe vicinity of a public road or railway line).\n(2) If the exclusion of land under subsection (1) has the effect of\ndividing the title area into separate parts, those parts are taken to\nform a single title area.\n(3) If the reason for the exclusion of the land no longer exists (for\nexample, if a public road is permanently closed), the exclusion\nceases to have effect and the title area is varied accordingly.\n(4) The Minister may grant a single mineral title for separate title areas\nif there are circumstances to justify it (for example, because of the\ngeography or natural configuration of the land).\n(5) However, if a provision of Part 3 or 4 specifies a minimum size for\nthe title area, the total area of the separate title areas must not be\nless than the specified size.\nNote for subsections (4) and (5)\nSection 28 deals with separate areas for an EL.\n\nMineral Titles Act 2010 42\n","sortOrder":79},{"sectionNumber":"78","sectionType":"section","heading":"Deciding application for grant of mineral title","content":"78 Deciding application for grant of mineral title\n(1) This section applies in relation to an application for the grant of a\nmineral title, after:\n(a) all the procedures under this Division relevant to the\napplication are completed; and\n(b) the Minister has considered:\n(i) all objections, submissions, and responses mentioned in\nsection 72; and\n(ii) all other matters he or she is required by this Act to\nconsider before making a decision about the application.\n(2) The Minister may decide to take one of the following actions:\n(a) grant the mineral title for all of the proposed title area;\n(b) grant the mineral title for part of the proposed title area and\nrefuse to grant the title for the remaining proposed title area;\n(c) refuse to grant the mineral title;\n(d) refer the application to the Tribunal for a hearing and\nrecommendation.\n(3) If the Minister refers the application to the Tribunal, the Minister\nmay make a decision mentioned in subsection (2)(a), (b) or (c) after\nconsidering the Tribunal's recommendation.\n(4) However, the Minister is not obliged to follow a recommendation of\nthe Tribunal.\n(5) Without limiting subsection (2)(c), the Minister may decide to refuse\nto grant a person a mineral title (a new title) for an area of land in\nor comprising an existing title area or existing proposed title area if\nthe Minister considers:\n(a) the authorised activities to be conducted under the new title\nwould be significantly incompatible with the work being carried\nout, or to be carried out, in the existing title area or existing\nproposed title area; or\n(b) in relation to an existing title area and an application for the\ngrant of an EL or EMEL – the existing title area substantially\ncovers the proposed title area of the EL or EMEL.\n\n","sortOrder":80},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Notice of authority to commence or continue mining activity","content":"Division 2A Notice of authority to commence or continue mining activity\nMineral Titles Act 2010 43\n(6) The following persons are parties to a hearing mentioned in\nsubsection (2)(d):\n(a) the person who applied for the grant of the mineral title; and\n(b) any person objecting to the grant of the mineral title.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Deciding other mineral title applications","content":"79 Deciding other mineral title applications\n(1) This section applies in relation to any mineral title application,\nexcept an application for the grant of a mineral title, after:\n(a) all the procedures under this Division relevant to the\napplication are completed; and\n(b) the Minister has considered all the matters he or she is\nrequired by this Act to consider before making a decision\nabout the application.\n(2) The Minister may decide to:\n(a) make the decision or take the action applied for; or\n(b) refuse to do so.\nDivision 2A Notice of authority to commence or continue\nmining activity\n","sortOrder":82},{"sectionNumber":"79A","sectionType":"section","heading":"Notice of authority to commence or continue authorised","content":"79A Notice of authority to commence or continue authorised\nactivity\n(1) If a mining security is paid under Part 7, Division 1A of the\nEnvironment Protection Act 2019, in respect of a mining activity that\nrelates to a prescribed mineral title or a prescribed interest, the\nMinister must issue a notice of authority to commence the mining\nactivity to which the mining security relates.\n(2) A notice of authority to commence a mining activity must be issued\nwithin 10 business days after the mining security is accepted.\n(3) If as a result of a recalculation of a mining security, an additional\namount of mining security is paid, the Minister must issue a notice\nof authority to continue the mining activity to which the mining\nsecurity relates.\n(4) A notice of authority to continue a mining activity must be issued\nwithin 10 business days after the additional mining security is\naccepted.\n\nMineral Titles Act 2010 44\n(5) If the mining security is paid in respect of part of a mining activity,\nthe notice must specify the part of the mining activity for which the\nmining security has been paid.\n(6) Before issuing a notice of authority to commence or continue a\nmining activity, the Minister may consider:\n(a) whether the mining activity to which the mining security relates\nis an authorised activity under the prescribed mineral title or is\nauthorised under the prescribed interest; and\n(b) whether the environmental (mining) licence to which the\nmining security relates is consistent with any relevant\ntechnical work program applying to the mining site.\n(7) The Minister may request further information from the Minister\nadministering the Environment Protection Act 2019 or the mining\noperator when considering any matter under subsection (6).\n(8) If the Minister requests information under subsection (7), the\nrequired time under subsection (2) or (4) to issue a notice ceases to\nrun until the information is given.\n(9) A notice of authority to commence or continue a mining activity\nmust be published on the public register kept under the\nEnvironment Protection Act 2019.\n(10) A notice of authority to commence or continue a mining activity\nceases to have effect:\n(a) if the environmental (mining) licence authorising that mining\nactivity ceases to have effect; or\n(b) a new notice of authority to commence or continue a mining\nactivity is issued for the mining activity.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Rights relating to occupation of title area","content":"80 Rights relating to occupation of title area\n(1) The right of the holder of a mineral title to occupy the land in the\ntitle area includes the right to enter and occupy the land with the\npersons, vehicles and equipment required for conducting\nauthorised activities under the title.\n(2) However, if a mineral title is granted for land in or comprising an\nexisting title area or existing proposed title area, the holder of the\nmineral title must not exercise the right under subsection (1) except\nas prescribed by regulation.\n\nMineral Titles Act 2010 45\n(3) After a mineral title ceases to be in force, the person who held the\ntitle immediately before the cessation has the right to enter the title\narea for compliance with the condition in section 99.\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Right to use water in title area","content":"81 Right to use water in title area\nThe holder of a mineral title has the right to:\n(a) take or divert water in the title area (except water artificially\nconserved by or for a landowner in the title area), or sink a\nwell or bore in the title area and take water from the well or\nbore; and\n(b) use that water in connection with the authorised activities\nbeing conducted in the title area and for domestic use while\nconducting those activities.\nNote for section 81\nThe rights to do bore work and take or use water are subject to the Water\nAct 1992.\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Right to use water in title area of EL or EMEL","content":"82 Right to use water in title area of EL or EMEL\nThe holder of a mineral title has, in relation to the title area of an EL\nor EMEL held by another person, the right to use water in the title\narea of the EL or EMEL as necessary for conducting authorised\nactivities under the holder's mineral title.\nNote for section 82\nThe right to take or use water is subject to the Water Act 1992.\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Right to construct road for access to title area","content":"83 Right to construct road for access to title area\n(1) The holder of a mineral title has a right of access to the title area by\nthe shortest practicable route from any of the following:\n(a) a council road or Territory road;\n(b) a railway line;\n(c) an airstrip;\n(d) the sea or a waterway.\n(2) For subsection (1), the title holder has the right to:\n(a) enter land to construct or maintain a road, and do other work,\nto enable the title holder to have access to the title area; and\n\nMineral Titles Act 2010 46\n(b) use the assistance of any persons, and the vehicles and\nequipment necessary, to do the work mentioned in\nparagraph (a).\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Right to enter and use land outside title area","content":"84 Right to enter and use land outside title area\n(1) The holder of a mineral title has the right to enter land outside the\ntitle area (the relevant land) to construct, maintain and use\ninfrastructure associated with conducting authorised activities under\nthe mineral title if the title holder also holds an access authority for\nthe relevant land.\n(2) The holder of a mineral title may apply to the Minister for the grant\nof an access authority.\n(3) At least 14 days before making the application, the title holder must:\n(a) give written notice of the intention to apply for the access\nauthority:\n(i) to each landowner of the relevant land; and\n(ii) if a mineral title is in force for any of the relevant land –\nto the title holder; and\n(b) publish a notice of the intention in a newspaper circulating in\nthe area in which the relevant land is situated; and\n(c) obtain the consent of owners of classes of relevant land, as\nprescribed by regulation, to enter the land for the purposes\nmentioned in subsection (1).\n(4) The Minister may grant an access authority to the title holder,\nsubject to the conditions specified in the access authority, if the\nMinister is satisfied:\n(a) the infrastructure to be constructed is necessary for\nconducting authorised activities under the mineral title; and\n(b) the applicant has complied with subsection (3).\n","sortOrder":88},{"sectionNumber":"85","sectionType":"section","heading":"Conditions generally","content":"85 Conditions generally\n(1) Obligations and restrictions specified in this Division for the holder\nof a mineral title are conditions that apply in addition to any other\nconditions specified by this Act in relation to the mineral title.\n\nMineral Titles Act 2010 47\n(2) Other conditions in relation to mineral titles are specified in the\nfollowing provisions:\n(a) for an EL – section 32;\n(b) for an ELR – section 38;\n(c) for an ML – section 45;\n(d) for an EMEL – section 49;\n(e) for an MA – section 118(2)(d).\n(3) The Minister may include the conditions in a mineral title that the\nMinister considers appropriate, including conditions requiring the\ntitle holder to obtain the Minister's approval before taking a\nparticular action.\n(4) The conditions the Minister includes in a renewed mineral title may\nbe different to the conditions included in the mineral title before the\nrenewal.\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Conducting authorised activities","content":"86 Conducting authorised activities\nThe holder of a mineral title must actively conduct authorised\nactivities in the title area.\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Compliance with requirements and other laws","content":"87 Compliance with requirements and other laws\nThe holder of a mineral title must:\n(a) comply with all requirements under this Act; and\n(b) when conducting authorised activities – comply with any\nrequirement under a law in force in the Territory in relation to\nthe use of land or natural resources; and\n(c) ensure any person acting for the title holder complies with\nsuch a requirement.\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Consent required to disturb improvements or particular roads","content":"88 Consent required to disturb improvements or particular roads\nWhen conducting authorised activities, the holder of a mineral title\nmust not:\n(a) without the written consent of the landowner, damage or\notherwise disturb improvements on land in the title area; or\n(b) without the written consent of the Minister responsible for\nadministering the Control of Roads Act 1953, damage or\notherwise disturb a Territory road; or\n\nMineral Titles Act 2010 48\n(c) without the written consent of the Minister responsible for\nadministering the Local Government Act 2019, damage or\notherwise disturb a council road.\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Allowing authorised officer entry to title area","content":"89 Allowing authorised officer entry to title area\nThe holder of a mineral title must allow an authorised officer to\nenter the title area to exercise a power or perform a function\nconferred on the authorised officer by this Act.\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Water conserved in title area","content":"90 Water conserved in title area\nThe holder of a mineral title must not use any water artificially\nconserved by or for the landowner of land in the title area without\nthe consent of the landowner.\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Timber in title area","content":"91 Timber in title area\nThe holder of a mineral title must not cut timber in the title area\nexcept for the authorised activities conducted under the title.\n","sortOrder":95},{"sectionNumber":"92","sectionType":"section","heading":"Animals in title area","content":"92 Animals in title area\n(1) The holder of a mineral title must not interfere with any animal in\nthe title area that is owned by, or under the control of, the\nlandowner of land in or adjoining the title area.\n(2) A reference in subsection (1) to interference with an animal\nincludes a reference to:\n(a) impounding or otherwise disturbing the animal; and\n(b) preventing the pasturing of the animal in any part of the area\nthat is not fenced off for authorised activities.\n","sortOrder":96},{"sectionNumber":"93","sectionType":"section","heading":"Drill cores, cuttings and other geological samples","content":"93 Drill cores, cuttings and other geological samples\n(1) As soon as practicable after the holder of an EL, ELR or EMEL\nrecovers a drill core, cutting or other geological sample from the title\narea, the title holder must give the Minister notice of the recovery.\n(2) The notice must include a description of the place where the\ngeological sample was recovered.\n(3) As soon as practicable after the title holder ceases to conduct\nauthorised activities under the EL, ELR or EMEL, the title holder\nmust give the Minister each geological sample recovered that has\nnot been disposed of under subsection (4).\n\nMineral Titles Act 2010 49\n(4) The holder of an EL, ELR or EMEL may dispose of a geological\nsample before ceasing to conduct authorised activities under the\ntitle only with the consent of the Minister.\n","sortOrder":97},{"sectionNumber":"94","sectionType":"section","heading":"Reports","content":"94 Reports\n(1) The holder of a mineral title must give the Minister reports about the\nauthorised activities conducted under the title, and other matters, as\nrequired by this Act or prescribed by regulation.\n(2) Without limiting subsection (1), a regulation may provide for any of\nthe following reports to be given by the holder of a mineral title:\n(a) an annual report about the authorised activities conducted\nunder the title in an operational year;\n(b) a report about the expenditure for conducting the authorised\nactivities for an operational year;\n(c) a production report about minerals or extractive minerals\nextracted under the title;\n(d) a report about the reserves of minerals the title holder believes\nto be in the title area;\n(e) a report about the work carried out under the title up to the\ntime when:\n(i) the title ceases to be in force for all or part of the title\narea; or\n(ii) the title holder makes an application under Division 5;\n(f) a report about the rehabilitation of all or part of the title area\nbefore the title ceases to be in force.\n(3) A regulation may provide for a matter relating to the giving of\nreports, including any of the following:\n(a) the form or content of a report;\n(b) the time for giving a report;\n(c) the imposition of a late fee for failure to give a report within the\ntime specified by regulation.\n","sortOrder":98},{"sectionNumber":"95","sectionType":"section","heading":"Payment of fees and rent","content":"95 Payment of fees and rent\n(1) The holder of a mineral title must pay fees and rent in relation to the\ntitle as prescribed by regulation.\n\nMineral Titles Act 2010 50\n(2) A regulation may provide for a matter relevant to the payment of a\nfee or rent, including any of the following:\n(a) an amount (of a fixed sum or as calculated) payable for a\nparticular matter;\n(b) if an amount is to be calculated – the method of calculation;\n(c) the time in which a fee or rent must be paid;\n(d) the way in which the payment may be made;\n(e) when a refund of a fee or rent is payable and matters relevant\nto the refund;\n(f) the fee payable for late lodgment of a report or other\ndocument, which may be a cumulative amount.\n","sortOrder":99},{"sectionNumber":"96","sectionType":"section","heading":"Payment of royalty","content":"96 Payment of royalty\nThe holder of a mineral title must comply with any requirement\nunder an Act of the Territory or Commonwealth about the payment\nof royalty specified for the mineral title.\nNote for section 96\nSection 186 deals with royalty payable in relation to a prescribed substance.\n","sortOrder":100},{"sectionNumber":"97","sectionType":"section","heading":"Transfer of mineral title interest","content":"97 Transfer of mineral title interest\nThe holder of a mineral title may transfer a legal or equitable\ninterest in the title only in accordance with section 123.\n","sortOrder":101},{"sectionNumber":"98","sectionType":"section","heading":"Notice of changes","content":"98 Notice of changes\n(1) The holder of a mineral title must give the Minister a notice of a\nchange, within 14 days after its occurrence, relating to any of the\n(a) the title holder's name;\n(b) the title holder's address or other contact details;\n(c) circumstances prescribed by regulation.\n(2) Without limiting subsection (1)(c), a regulation may prescribe\nchanges relating to the title holder's financial position or technical\ncapability.\n\nMineral Titles Act 2010 51\n(3) A person who is appointed as an administrator, liquidator or\ncontroller under the Corporations Act 2001 for the holder of a\nmineral title must, as soon as practicable after the appointment,\ngive a notice to the Minister about the appointment.\n","sortOrder":102},{"sectionNumber":"99","sectionType":"section","heading":"Removal of equipment","content":"99 Removal of equipment\n(1) No later than 3 months after a mineral title ceases to be in force,\nthe person who held the mineral title immediately before the\ncessation must remove from the former title area all plant,\nmachinery and other equipment placed there by the person.\n(2) Subsection (1) does not apply:\n(a) if the mineral title ceases to be in force because another\nmineral title has been granted or issued to the person for the\nsame title area; or\n(b) if the plant, machinery or other equipment is of historical or\neducational value and has become the property of the\nTerritory under an agreement between the Minister and the\nperson; or\n(c) in relation to anything necessary for the structural safety of a\nmine.\nNote for section 99\nSee sections 80(3), 167 and 173 for other provisions relevant to this condition.\n","sortOrder":103},{"sectionNumber":"Div 5","sectionType":"division","heading":"Variations, subdivisions, amalgamations,","content":"Division 5 Variations, subdivisions, amalgamations,\nsurrenders and cancellations\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Variation of conditions of mineral title","content":"100 Variation of conditions of mineral title\n(1) This section applies only to conditions included in a mineral title by\nthe Minister.\n(2) The Minister may decide to vary the conditions of a mineral title by\ntaking one or more of the following actions:\n(a) amending a condition;\n(b) suspending a condition for a specified period;\n(c) removing a condition.\n(3) The Minister may make the decision:\n(a) on the Minister's initiative after consulting with the title holder;\nor\n\nMineral Titles Act 2010 52\n(b) on application by the title holder.\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Division of title area into separate parts","content":"101 Division of title area into separate parts\n(1) The Minister may decide to divide the title area of a mineral title into\n2 or more parts if the Minister considers it appropriate to do so.\n(2) The Minister may make the decision:\n(a) on the Minister's initiative after consulting with the title holder;\nor\n(b) on application by the title holder.\n(3) After dividing the title area into parts, the Minister may:\n(a) vary the description of the title area in the mineral title as\nnecessary; or\n(b) cancel the mineral title and issue a mineral title for each part.\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Amalgamation of title areas","content":"102 Amalgamation of title areas\n(1) The Minister may decide to amalgamate all or part of 2 or more\nadjoining title areas (the original title areas) if the mineral titles\nrelating to those areas (the original titles) are held by the same\nperson and authorise substantially the same activities.\n(2) The Minister may make the decision:\n(a) on the Minister's initiative after consulting with the holder of\nthe original titles; or\n(b) on application by the holder of the original titles.\n(3) After the amalgamation, the Minister may cancel the original titles\nand issue a mineral title to replace the original titles.\n(4) The Minister may impose conditions on the replacement mineral\ntitle that are different from the conditions of the original titles.\n","sortOrder":107},{"sectionNumber":"103","sectionType":"section","heading":"Application for acceptance of surrender","content":"103 Application for acceptance of surrender\n(1) The holder of a mineral title may apply to the Minister to accept the\nsurrender of all or part of the title area and may specify in the\napplication the day on which the title holder wishes the surrender to\ntake effect.\n(2) The holder of an EL may surrender part of the title area only if the\nsurrender will leave no more than 3 separate areas of land in the\ntitle area, each comprising at least 4 adjoining blocks.\n\nMineral Titles Act 2010 53\n(3) If the holder of an ELR, ML, EMP or EML applies to surrender part\nof the title area, the title holder must:\n(a) have surveyed the remaining title area as specified by\nregulation; and\n(b) give the Minister a copy of the survey report with the\n(3A) The Minister must consult with the Minister administering the\nEnvironment Protection Act 2019 before accepting the surrender of\nthe whole or part of the title area to which an environmental\n(mining) licence under the Environment Protection Act 2019 applies\nor has applied.\n(4) The Minister may, by notice, accept the surrender of all or part of a\ntitle area after taking into account whether the applicant has\ncomplied with:\n(a) the conditions of the mineral title for all of the title area; and\n(b) if the mineral title was subject to the Mining Management\nAct 2001 before its repeal – all of the provisions of that Act as\nin force before its repeal applicable to the title; and\n(c) if the mineral title is subject to the Environment Protection\nAct 2019, Part 5A – all of the provisions of that Part applicable\nto the title.\n(5) The Minister may refuse to accept a surrender if the Minister\nconsiders it appropriate to do so.\nNote for subsection (5)\nOne reason for a refusal may be because work for the rehabilitation of the title\narea to be surrendered has not been completed.\n","sortOrder":108},{"sectionNumber":"104","sectionType":"section","heading":"Request for surrender of all or part of EL title area","content":"104 Request for surrender of all or part of EL title area\n(1) The Minister may give the holder of an EL a notice requesting the\nsurrender of all or a specified part of the title area to enable the land\nto be used for a purpose beneficial to the Territory as prescribed by\nregulation.\n(2) The notice must give the holder of the EL 2 months in which to\nrespond to the Minister's request and, if the holder does not\nrespond within that time, the holder is taken to have agreed to the\nsurrender.\n\nMineral Titles Act 2010 54\n","sortOrder":109},{"sectionNumber":"105","sectionType":"section","heading":"Cancellation or partial cancellation of mineral title","content":"105 Cancellation or partial cancellation of mineral title\n(1) The Minister may cancel:\n(a) a mineral title; or\n(b) a mineral title for part (the relevant part) of the title area.\n(2) Before making a decision under subsection (1), the Minister must\nbe satisfied the title holder:\n(a) has contravened a condition of the mineral title; or\n(b) became liable to pay an amount to the Territory under this Act\nand did not pay the amount within 3 months after becoming\nliable; or\n(c) has not used good work practices in conducting authorised\nactivities in the title area or relevant part; or\n(d) in relation to an EL – no longer has the financial resources to\ncarry out the technical work program for all or the relevant part\nof the title area; or\n(e) has not, for a continuous period of 2 years, conducted\nauthorised activities in the title area or relevant part to a\ndegree consistent with genuine exploration, mining or\nprocessing of minerals or extractive minerals (as applicable).\n(3) The Minister must give the title holder a notice stating the Minister’s\nintention to cancel the mineral title, and give the title holder an\nopportunity to make submissions in relation to the proposed\ncancellation, as prescribed by regulation.\n(4) This section does not prevent the Minister from also commencing\nproceedings against the title holder for:\n(a) an offence against a provision of this Act; or\n(b) the recovery of an amount payable to the Territory under\nthis Act.\n","sortOrder":110},{"sectionNumber":"106","sectionType":"section","heading":"Requirement for security","content":"106 Requirement for security\n(1) The Minister may require security for compensation that may\nbecome payable:\n(a) for damage and loss mentioned in section 107 or 108; or\n\nMineral Titles Act 2010 55\n(b) under the NTA, whether the liability to pay the compensation\nis incurred by the Territory or another person in connection\nwith a matter to which this Act applies.\n(2) The Minister may require security:\n(a) before or during the consideration of an application for the\ngrant or renewal of a mineral title; or\n(b) before approving an application for the transfer of a mineral\nrights interest under section 123; or\n(c) at any time during the term of a mineral title.\n(3) In assessing the need for security, the Minister must take into\naccount any agreement about the payment of compensation\nbetween the parties concerned.\n(4) A requirement for security may specify any of the following:\n(a) the amount of the security;\n(b) the form of the security;\n(c) how and by whom the security must be given;\n(d) any other matter prescribed by regulation.\n(5) Security may be in the form of cash, a negotiable instrument or a\nbank guarantee.\n","sortOrder":111},{"sectionNumber":"107","sectionType":"section","heading":"General entitlement to compensation","content":"107 General entitlement to compensation\n(1) A person who has an interest in land is entitled to compensation\nfrom the holder of a mineral title for:\n(a) damage to the land, and any improvements on the land,\ncaused by activities conducted under the title; and\n(b) any loss suffered as a result of that damage (for example, loss\nsuffered as a result of being deprived of the use of the land).\n(2) However, if the damage is caused to land in a park or reserve or\npastoral land by exploration activities, a person who has an interest\nin the land is entitled to compensation only in relation to damage in\nexcess of what is reasonably necessary for conducting those\n(3) A person who has an interest in land is not entitled to compensation\nin relation to minerals or extractive minerals known or thought to be\non or under the land.\n\nMineral Titles Act 2010 56\n(4) For this section, a person has an interest in land if the person:\n(a) is recorded in the land register as a registered owner or\nregistered proprietor of the land; or\n(b) holds a licence granted under Part 7 of the Crown Lands\nAct 1992; or\n(c) in relation to land in a park or reserve – is the landowner.\n(5) In this section:\nexploration activities means exploration for minerals or extractive\nminerals and includes activities or work conducted in connection\nwith the exploration.\n","sortOrder":112},{"sectionNumber":"108","sectionType":"section","heading":"Title holder's entitlement to compensation","content":"108 Title holder's entitlement to compensation\nThe holder of a mineral title is entitled to compensation from the\nholder of an access authority (the authority holder) for damage,\nand any loss suffered as a result of the damage, in relation to the\ntitle holder's interest in the title area because of the authority\nholder's entry into the title area or actions taken under the access\nauthority.\n","sortOrder":113},{"sectionNumber":"109","sectionType":"section","heading":"Written agreement relating to compensation","content":"109 Written agreement relating to compensation\n(1) A person who may be entitled to compensation mentioned in\nsection 107 or 108 may enter into a written agreement about the\nmatter with a person who may be liable to pay the compensation.\n(2) However, an agreement mentioned in subsection (1) must not be\ninconsistent with this Division.\n","sortOrder":114},{"sectionNumber":"110","sectionType":"section","heading":"Claiming compensation","content":"110 Claiming compensation\n(1) A person who may be entitled to be paid compensation mentioned\nin section 107 or 108 may give the person who may be liable to pay\nthe compensation a notice of claim stating the following:\n(a) the details of the damage caused and any loss suffered;\n(b) the date (or approximate date) on which the damage and any\nloss occurred;\n(c) the amount of compensation claimed for the damage and any\nloss;\n(d) any other information relevant to the claim.\n\nMineral Titles Act 2010 57\n(2) The notice of claim must be given by the claimant within:\n(a) 3 years after the occurrence of the damage for which\ncompensation is claimed; or\n(b) a longer period as ordered by the Tribunal on application by\nthe claimant.\n(3) The parties to the compensation claim must make genuine efforts\nto reach agreement, within a reasonable time after the notice of\nclaim is given, about the payment of compensation.\n(4) To assist the parties to reach agreement about the payment of\ncompensation:\n(a) the parties may agree on the appointment of a mediator; or\n(b) if the parties cannot agree on a mediator – either party may\napply to the Tribunal for the appointment of a mediator.\n(5) An agreement between the parties to the compensation claim must\nbe in writing and signed by each party.\n(6) The claimant may request payment of all or part of the\ncompensation in a form other than money (for example, payment by\ntransferring property or providing goods and services) as specified\nby the claimant.\n(7) The person liable to pay compensation to the claimant must\nconsider a request made under subsection (6) and pay the\ncompensation in the specified form if it is reasonable and\npracticable to do so.\n","sortOrder":115},{"sectionNumber":"111","sectionType":"section","heading":"Application to Tribunal if no agreement about compensation","content":"111 Application to Tribunal if no agreement about compensation\n(1) A claimant may apply to the Tribunal for a decision about the\nclaimant's claim under section 110 if the claimant reasonably\nbelieves no agreement can be reached in relation to any of the\n(a) liability for the damage caused;\n(b) the amount of compensation payable;\n(c) payment of all or part of the compensation in a form other than\nmoney;\n(d) any other matter relevant to the claim.\n\nMineral Titles Act 2010 58\n(2) The application must be made within:\n(a) 12 months after the claimant gives the notice of claim under\nsection 110(1); or\n(b) a longer period as ordered by the Tribunal on application by\nthe claimant.\n","sortOrder":116},{"sectionNumber":"Part 6","sectionType":"part","heading":"Reserved land, mineral authorities and related","content":"Part 6 Reserved land, mineral authorities and related\nmatters\n","sortOrder":117},{"sectionNumber":"112","sectionType":"section","heading":"Special reserved land – no activities","content":"112 Special reserved land – no activities\n(1) This section applies only in relation to an area of land that is not in\nthe title area of a mineral title.\n(2) The Minister may, by Gazette notice, reserve the land (special\nreserved land) from:\n(a) exploration for minerals or extractive minerals generally; and\n(b) extraction of minerals or extractive minerals generally.\n(a) a description of the land to be reserved;\n(b) the day on which the reservation will take effect;\n(c) the reason for the reservation.\n(4) A person is not entitled to apply for the grant of a mineral title for\nany part of the special reserved land.\n(5) Before revoking the reservation of all or part of the special reserved\nland, the Minister must:\n(a) give notice, in a newspaper circulating in the locality of the\nspecial reserved land, of the intention to revoke the\nreservation; and\n(b) include the following information in the notice:\n(i) a description of the land to which the intended\nrevocation relates;\n(ii) the reason for the intended revocation;\n\nMineral Titles Act 2010 59\n(iii) the period, of not less than 30 days after publication of\nthe notice, within which persons may make written\nsubmissions to the Minister about the intended\nrevocation;\n(iv) the address where submissions may be given to the\nMinister; and\n(c) if the Minister made the decision to reserve the special\nreserved land after considering a written request for the\nreservation – give the person who made the request a copy of\nthe notice.\n(6) The Minister may, by Gazette notice, revoke the reservation of all or\npart of the special reserved land only:\n(a) after taking into account:\n(i) the reason for the reservation; and\n(ii) any submissions received within the period mentioned in\nsubsection (5)(b)(iii); and\n(b) if satisfied it is in the interests of the Territory to revoke the\nreservation.\n(7) The Minister must not delegate to another person the power to\nreserve, or revoke the reservation of, all or part of the special\nreserved land.\n","sortOrder":118},{"sectionNumber":"113","sectionType":"section","heading":"General reserved land – limited or no activities","content":"113 General reserved land – limited or no activities\n(1) This section applies only in relation to an area of land that is not in\nthe title area of a mineral title.\n(2) The Minister may, by Gazette notice, reserve the land (general\nreserved land) from one or more of the following:\n(a) exploration for:\n(i) minerals generally; or\n(ii) one or more specified minerals;\n(b) extraction of:\n(i) minerals generally; or\n(ii) one or more specified minerals;\n(c) exploration for extractive minerals;\n\nMineral Titles Act 2010 60\n(d) extraction of extractive minerals.\n(a) a description of the land to be reserved;\n(b) the day on which the reservation will take effect;\n(c) the reason for the reservation;\n(d) any of the following details as decided by the Minister:\n(i) the activities from which the land is reserved;\n(ii) the type of mineral title for which a person may apply in\nrelation to the general reserved land;\n(iii) the type of mineral title for which a person is not entitled\nto apply in relation to the general reserved land;\n(e) any conditions imposed by the Minister in relation to the\ngeneral reserved land;\n(f) if the Minister considers it appropriate – the period within\nwhich the Minister will review the reservation;\n(g) if the Minister considers it appropriate, taking into account the\nreason for the reservation – a statement that notice must be\ngiven in a newspaper circulating in the locality of the general\nreserved land if the Minister intends to:\n(i) vary any details or conditions of the reservation\nmentioned in paragraph (d) or (e); or\n(ii) revoke the reservation for all or part of the general\nreserved land.\n(4) The Minister may vary or revoke the reservation of general\nreserved land only:\n(a) after taking into account the purpose for which the land was\nreserved; and\n(b) if satisfied it is in the interests of the Territory to do so; and\n(c) after following the procedures prescribed by regulation.\n(5) A regulation may provide for matters relating to a reservation of\ngeneral reserved land, including any of the following;\n(a) the form, content and publication of notices;\n\nMineral Titles Act 2010 61\n(b) the persons who must be given a copy of a notice;\n(c) submissions that may be made about an intended variation or\nrevocation.\n","sortOrder":119},{"sectionNumber":"114","sectionType":"section","heading":"Reservation of land in title area on cessation of title","content":"114 Reservation of land in title area on cessation of title\n(1) This section applies only in relation to an area of land that is in the\ntitle area of a mineral title other than an MA.\n(2) The Minister may, by Gazette notice, state that the land will become\nspecial reserved land or general reserved land on the day the\nmineral title ceases to be in force.\n(a) a description of the land;\n(b) the day on which the mineral title will cease to be in force;\n(c) if the land is to be general reserved land – the information\nmentioned in section 113(3)(d) to (g).\n(4) On the day the mineral title for the land ceases to be in force, the\nreservation of the land takes effect as if the land had been reserved\nunder section 112 or 113 (as appropriate).\n","sortOrder":120},{"sectionNumber":"115","sectionType":"section","heading":"Reservation of land for activities by Territory","content":"115 Reservation of land for activities by Territory\n(1) The Minister may, by Gazette notice, reserve an area of land in the\ntitle area of an EL to enable the Territory to conduct exploration for,\nand extraction of, extractive minerals for the construction or\nmaintenance of roads or other infrastructure by the Territory.\n(2) The Minister may do so only:\n(a) after consulting with the holder of the EL; and\n(b) if the reservation of the land will not substantially interfere with\nthe authorised activities being conducted under the EL.\n","sortOrder":121},{"sectionNumber":"116","sectionType":"section","heading":"Publication of areas of reserved land","content":"116 Publication of areas of reserved land\n(1) The Minister must publish on the Agency's website one or both of\nthe following:\n(a) a brief description of each area of reserved land;\n(b) a map showing each area of reserved land.\n\nMineral Titles Act 2010 62\n(2) The Minister must also publish on the Agency's website information\nabout the notices published under sections 112 to 115.\n","sortOrder":122},{"sectionNumber":"117","sectionType":"section","heading":"Invitation to apply for mineral title for general reserved land","content":"117 Invitation to apply for mineral title for general reserved land\n(1) The Minister may, by Gazette notice:\n(a) state that the general reserved land described in the notice\nmay be released for the grant of a mineral title otherwise\nprohibited by a notice under section 113; and\n(b) invite applications under Part 3 or 4 for the grant of a mineral\ntitle for any of the general reserved land.\n(2) The notice must include the following information:\n(a) the type of mineral title for which a person may apply in\nrelation to the general reserved land to be released;\n(b) the period within which an application must be made;\n(c) any conditions imposed by the Minister relating to the release\nof the general reserved land and the making of an application.\n(3) The Minister may invite applications under subsection (1) only:\n(a) after taking into account the purpose for which the land was\nreserved; and\n(b) if satisfied it is in the interests of the Territory to do so.\n(4) The reservation of the general reserved land ceases to have effect\non the day a mineral title under Part 3 or 4 is granted for the land.\n","sortOrder":123},{"sectionNumber":"118","sectionType":"section","heading":"Application for and grant of mineral authority for general","content":"118 Application for and grant of mineral authority for general\nreserved land\n(1) A person may apply to the Minister for the grant of a mineral\nauthority for general reserved land if:\n(a) the application is not otherwise prohibited by a notice under\nsection 113; and\n(b) the Minister has not, under section 117, invited applications for\nthe grant of mineral titles for the land.\n\nMineral Titles Act 2010 63\n(2) Subject to subsections (3) and (4), a mineral authority is a mineral\ntitle that:\n(a) corresponds to a mineral title, as specified in the MA, that may\nbe granted under Part 3 or 4 (the corresponding title); and\n(b) gives the title holder of the MA the same rights as a holder of\nthe corresponding title, including the right to conduct the\nauthorised activities under the MA that may be conducted\nunder the corresponding title; and\n(c) imposes the same obligations as the corresponding title; and\n(d) is subject to the same conditions specified by this Act for the\ncorresponding title.\n(3) When the Minister grants an MA, the Minister may specify in it that\na provision of this Act relating to the corresponding title does not\napply in relation to the MA.\n(4) Also, a regulation may exclude:\n(a) all MAs from the application of a provision of this Act relating\ngenerally to all corresponding titles; or\n(b) an MA from the application of a provision of this Act relating to\nthe corresponding title for that MA.\n(5) The Minister may grant or renew an MA for the period the Minister\nconsiders appropriate.\n","sortOrder":124},{"sectionNumber":"119","sectionType":"section","heading":"Other applications relating to MA","content":"119 Other applications relating to MA\nThe holder of an MA may make an application under this section for\na renewal of the MA, or for another decision or action mentioned in\nPart 3 or 4 in relation to the MA, as if it were the corresponding title.\n","sortOrder":125},{"sectionNumber":"120","sectionType":"section","heading":"Entitlement to apply for ML, EMP or EML","content":"120 Entitlement to apply for ML, EMP or EML\n(1) The holder of an MA that corresponds to an EL or ELR may apply\nunder Part 3, Division 3 for the grant of an ML for all or part of the\ntitle area of the MA.\n(2) The holder of an MA that corresponds to an EMEL may apply under\nPart 4, Division 2 or 3 (as applicable) for the grant of an EMP or\nEML for all or part of the title area of the MA.\n(3) On the grant of an ML, EMP or EML (the new title), the MA and\nreservation of the land under section 113 cease to have effect in\nrelation to the title area of the new title.\n\nMineral Titles Act 2010 64\n","sortOrder":126},{"sectionNumber":"121","sectionType":"section","heading":"Register","content":"121 Register\n(1) The Minister must keep a Mineral Titles Register.\n(2) The register is a record of information relating to the following:\n(a) applications relating to mineral titles;\n(b) mineral titles;\n(c) dealings with applications for mineral titles;\n(d) dealings with mineral titles;\n(e) legal and equitable interests held by persons in applications\nand mineral titles mentioned in paragraphs (a) and (b)\n(mineral rights interests);\n(f) caveats;\n(g) matters included in each register mentioned in section 206.\n(3) The Minister may:\n(a) keep information in the register in any form the Minister\nconsiders appropriate; and\n(b) publish on the Agency's website information from the register\nthat the Minister considers appropriate for public inspection.\n(4) However, the Minister may withhold particular information if the\nMinister considers it necessary to do so to preserve confidentiality.\n(5) A person may inspect the register during the normal business hours\nof the Agency and, on request, may be given a copy or summary of\ninformation in the register.\n(6) A regulation may provide for any of following:\n(a) the information to be entered in the register;\n(b) a fee payable by a person for any of the following:\n(i) making an application or lodging a document under this\nPart;\n(ii) inspecting the register;\n\nMineral Titles Act 2010 65\n(iii) a copy or summary of information given to the person.\n","sortOrder":127},{"sectionNumber":"122","sectionType":"section","heading":"Instruments relating to mineral rights interests","content":"122 Instruments relating to mineral rights interests\n(1) A mineral rights interest is not capable of being created,\ntransferred, assigned, mortgaged, charged, devolved or dealt with\nin any way except by written instrument (an instrument of\ndealing).\n(2) The registration of an instrument of dealing does not give the\nmineral rights interest evidenced by the instrument any validity or\neffect it would not have had if this Division had not been enacted.\n(3) The Minister is not required to decide the validity of information\ngiven by a person in an instrument of dealing.\n","sortOrder":128},{"sectionNumber":"123","sectionType":"section","heading":"Registration of transfer of mineral rights interest","content":"123 Registration of transfer of mineral rights interest\n(1) A person who intends to transfer all or part of the person's mineral\nrights interest to another person must apply to the Minister for\napproval and registration of the transfer.\n(2) The application must be:\n(a) in the approved form; and\n(b) include the details of the proposed transfer; and\n(c) signed by all the parties to the transfer.\n(3) The Minister must approve and register the transfer unless satisfied\nthere are circumstances why he or she should refuse the\n(4) On application by either party to the transfer, the Minister must give\nthe parties a notice of the approval of the transfer, which may\ninclude a statement that the transfer will be registered on a date or\noccurrence, or subject to a condition, specified in the notice.\n(5) The instrument of transfer has no effect under this Act until it is\nregistered.\n","sortOrder":129},{"sectionNumber":"124","sectionType":"section","heading":"Registration of devolution of mineral rights interest","content":"124 Registration of devolution of mineral rights interest\n(1) A person on whom a mineral rights interest has devolved by\noperation of law must apply in the approved form to the Minister for\nregistration of the devolution.\nExample for subsection (1)\nDevolution on a person because of the death or bankruptcy of the holder of a\nmineral title.\n\nMineral Titles Act 2010 66\n(2) The applicant must give the Minister documentary evidence of the\ndevolution.\n(3) The Minister must register the devolution unless satisfied there are\ncircumstances why he or she should refuse the application.\n(4) The devolution has no effect under this Act until it is registered.\n","sortOrder":130},{"sectionNumber":"125","sectionType":"section","heading":"Registration of other dealings","content":"125 Registration of other dealings\n(1) This section applies in relation to an agreement, arrangement,\nmortgage or dealing (a general dealing) relating to a mineral rights\ninterest that is not a transfer or devolution of the interest.\n(2) A person may apply in the approved form to the Minister for\nregistration of a general dealing.\n(3) The Minister must register the general dealing unless satisfied there\nare circumstances why he or she should refuse to do so.\n(4) The registration of the general dealing gives it priority over another\ngeneral dealing, relating to the same mineral rights interest, that:\n(a) if registered – was lodged for registration at a later date; or\n(b) is not registered.\n(5) However, the priority mentioned in subsection (4) does not apply if\nthe other general dealing:\n(a) is a charge that is required to be lodged under the\nCorporations Act 2001, Part 2K.2; or\n(b) relates to an estate or interest in land (whether freehold or\nleasehold) registered under the Land Title Act 2000.\n","sortOrder":131},{"sectionNumber":"126","sectionType":"section","heading":"Notice of registration and refusal of application","content":"126 Notice of registration and refusal of application\n(1) After the Minister has registered a transfer of a mineral rights\ninterest under section 123(3), the Minister must give notice of the\nregistration to each party to the transfer.\n(2) After the Minister has registered a devolution of a mineral rights\ninterest under section 124(3), or a general dealing under\nsection 125(3), the Minister must give notice of the registration to\nthe applicant for registration.\n(3) If the Minister considers it appropriate, the Minister may give notice\nof a registration under this Division to a person who has an interest\nin the registration.\n\nMineral Titles Act 2010 67\n(4) If the Minister refuses an application under this Division, the\napplicant may apply to the Tribunal for a review of the decision.\n","sortOrder":132},{"sectionNumber":"127","sectionType":"section","heading":"Correction of register","content":"127 Correction of register\n(1) On the Minister's own initiative or on application under\nsubsection (3), the Minister may correct an error in the register.\n(2) The Minister must correct an error if satisfied the correction is\nnecessary to ensure registration of accurate information relating to\na mineral title or an application for the grant of a mineral title.\n(3) A person may apply to the Minister to correct the register in relation\nto any of the following matters:\n(a) the omission of information;\n(b) the erroneous inclusion of information;\n(c) an error or defect in information recorded.\n","sortOrder":133},{"sectionNumber":"128","sectionType":"section","heading":"Minister's certificates","content":"128 Minister's certificates\n(1) The Minister may give a person a signed certificate, certifying a\nmatter relating to particular information recorded in the register, if\nthe person:\n(a) applies to the Minister for the certificate; and\n(b) pays the fee prescribed by regulation for the application.\n(2) A certificate mentioned in subsection (1), purporting to be signed by\nthe Minister, is admissible in a proceeding as evidence of the\nmatter certified.\n","sortOrder":134},{"sectionNumber":"129","sectionType":"section","heading":"Application of Law of Property Act 2000","content":"129 Application of Law of Property Act 2000\n(1) The Law of Property Act 2000 applies to an interest in relation to\nland granted, created or taking effect under this Act.\n(2) However, if there is an inconsistency between this Act and the Law\nof Property Act 2000, this Act prevails.\ninterest, see section 4 of the Law of Property Act 2000.\n\nMineral Titles Act 2010 68\n","sortOrder":135},{"sectionNumber":"130","sectionType":"section","heading":"Mineral title etc. not personal property","content":"130 Mineral title etc. not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), each of the following is not personal property for that Act:\n(a) a mineral title;\n(b) a mineral rights interest.\nNote for section 130\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n","sortOrder":136},{"sectionNumber":"131","sectionType":"section","heading":"Lodgment, acceptance and registration of caveat","content":"131 Lodgment, acceptance and registration of caveat\n(1) A person claiming a legal or equitable interest in a mineral title, or in\nan application relating to a mineral title, may lodge with the Minister\na caveat forbidding the registration, except in accordance with\nsection 134, of dealings with the title or application that are received\nby the Minister after the Minister has accepted the caveat.\n(2) The caveat must be:\n(a) in the approved form; and\n(b) specify the name of the caveator and the address at which the\ncaveator may be given notices; and\n(c) specify the interest claimed in the mineral title or application;\nand\n(d) be signed by the caveator or the caveator's representative.\n(3) The caveat may specify dealings to which the caveat does not\napply.\n(4) The Minister may accept the caveat and, as soon as practicable\nafter doing so, must enter it in the register.\nNote for subsection (4)\nThe Minister need not accept a caveat if the form of the caveat is deficient or the\nfee prescribed for its lodgment has not been paid – see section 164(3) and (5).\n(5) The caveat comes into force when the Minister accepts the caveat.\n\nMineral Titles Act 2010 69\n","sortOrder":137},{"sectionNumber":"132","sectionType":"section","heading":"When caveat ceases to be in force","content":"132 When caveat ceases to be in force\n(1) The caveat ceases to be in force if:\n(a) it is withdrawn under subsection (2); or\n(b) the Tribunal orders under section 133(3) that it be removed\nfrom the register or cancelled; or\n(c) section 134(1)(a) applies and no notice of continuance is\naccepted under section 134(3)(b).\n(2) The caveator may withdraw the caveat by giving the Minister a\nnotice of the withdrawal.\n(3) If the caveat ceases to be in force (the cancelled caveat), the\ncaveator must not lodge another caveat claiming the same interest\nas specified in the cancelled caveat.\n","sortOrder":138},{"sectionNumber":"133","sectionType":"section","heading":"Notice of caveat and application for cancellation or removal","content":"133 Notice of caveat and application for cancellation or removal\n(1) The Minister must give notice of the acceptance of a caveat to the\nholder of the mineral title, or person who made the application, to\nwhich the caveat relates.\n(2) The title holder or applicant may apply to the Tribunal for a\nsummons ordering the caveator to appear before the Tribunal to\ngive reasons why the caveat should not be removed from the\nregister or cancelled.\n(3) The Tribunal may make the orders it considers appropriate,\nincluding an order that:\n(a) the caveat be removed from the register; or\n(b) if the caveat has not yet been entered in the register – the\ncaveat be cancelled.\n","sortOrder":139},{"sectionNumber":"134","sectionType":"section","heading":"Effect of caveat on registration of particular dealing","content":"134 Effect of caveat on registration of particular dealing\n(1) If, after accepting a caveat, the Minister receives an instrument (the\ndealing) purporting to deal with the mineral title or application to\nwhich the caveat relates, the Minister:\n(a) must give the caveator a notice of the receipt of the dealing;\nand\n(b) may enter the dealing in the register only after the caveat\nceases to have effect in relation to the dealing.\n\nMineral Titles Act 2010 70\n(2) The caveat ceases to have effect in relation to the dealing:\n(a) at the end of 30 days after notice is given to the caveator\nunder subsection (1)(a); or\n(b) if a notice of continuance of the caveat is accepted under\nsubsection (3)(b) – on acceptance of the notice.\n(3) After the caveator receives a notice under subsection (1)(a):\n(a) the caveator may lodge with the Minister a notice of the\ncontinuation of the caveat; and\n(b) the Minister must accept the notice of continuance if the\ncaveator:\n(i) lodges the notice before the end of the period mentioned\nin subsection (2)(a); and\n(ii) pays any fee prescribed by regulation for the lodgment.\n(4) This section does not apply in relation to a dealing mentioned in\nsection 131(3).\n","sortOrder":140},{"sectionNumber":"135","sectionType":"section","heading":"Authorised fossicking","content":"135 Authorised fossicking\n(1) A person may enter land of the Territory to fossick only in\naccordance with this Part, unless the fossicking is to be conducted\nunder an ML authorising tourist fossicking.\n(2) For this Act, to fossick is to do any of the following except as a\ncommercial fossicking activity:\n(a) search for a mineral by hand or any hand-held instrument (for\nexample, a hand-held metal-detecting device) to a depth not\nexceeding 1 metre below the line of the natural surface of the\nland;\n(b) extract limited amounts of a mineral, as prescribed by\nregulation, by hand or a hand-held instrument that is not\npower-operated;\n(c) remove a mineral following a search or extraction done in\naccordance with paragraph (a) or (b).\n\nMineral Titles Act 2010 71\n(3) For subsection (2), a commercial fossicking activity is the\nextraction of substantial amounts of minerals to which this Part\napplies, conducted as part of a business trading in those minerals\nfrom which the person conducting the activity derives a significant\nincome.\nNote for subsection (3)\nThe extraction of minerals as a commercial fossicking activity is mining and the\nperson conducting the activity must hold an ML authorising the activity.\n(4) For subsection (2)(a) and (b), searching for or extracting a mineral\nby a method that involves the use of explosives is not fossicking.\n(5) A reference in this section to a mineral:\n(a) does not include a reference to any of the following:\n(i) diamonds, fossils of vertebrate animals, and meteorite\nfragments;\n(ii) another mineral or substance excluded by regulation;\nand\n(b) includes a reference to a substance prescribed by regulation.\n","sortOrder":141},{"sectionNumber":"136","sectionType":"section","heading":"Fossicking area declaration","content":"136 Fossicking area declaration\n(1) The Minister may, by Gazette notice (a fossicking area\ndeclaration), declare a specified area of land to be a fossicking\n(2) Unless the specified area of land is vacant Crown land, the Minister\nmay make a fossicking area declaration for the land only with the\nwritten consent of the landowner.\n(3) If an approved determination of native title is made over all or part\nof the land in a declared fossicking area, the Minister must consider\nthe effect of the approved determination on the land and vary or\nrevoke the fossicking area declaration as required.\nCrown land, see section 3 of the Crown Lands Act 1992.\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"No restrictions on fossicking on particular land","content":"137 No restrictions on fossicking on particular land\nA person may fossick on the following land without giving notice of\nthe intention, or obtaining consent, to do so:\n(a) vacant Crown land;\n\nMineral Titles Act 2010 72\n(b) a declared fossicking area;\n(c) the proposed title area of an EL or EMEL;\n(d) the title area of an EMEL.\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"When consent required","content":"138 When consent required\n(1) This section applies in relation to any of following land (the relevant\nland):\n(a) reserved land, except reserved land in a declared fossicking\narea;\n(b) Aboriginal land;\n(c) an Aboriginal community living area;\n(d) a park or reserve.\n(2) A person may fossick on the relevant land with the written consent\nof the following person:\n(a) in relation to reserved land – the Minister;\n(b) in relation to any other relevant land – the landowner.\n(3) In relation to reserved land, the Minister must take into account the\npurpose of the reservation of the land before making a decision\nabout giving or withholding consent for a person to fossick on the\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Requirements for private land and pastoral land","content":"139 Requirements for private land and pastoral land\n(1) A person may fossick on private land:\n(a) with the written consent of the landowner or occupier as\nspecified by regulation; and\n(b) if required by regulation – after the person has notified the\noccupier of the land of the person's intended entry onto the\nland, or taken all reasonable steps to do so.\n(2) A person may fossick on pastoral land:\n(a) after giving notice to the landowner or occupier as specified by\nregulation; and\n(b) if required by regulation – after the person has notified the\noccupier of the land of the person's intended entry onto the\nland, or taken all reasonable steps to do so.\n\nMineral Titles Act 2010 73\n(3) A regulation may prescribe the circumstances when a person\nintending to fossick on pastoral land requires the written consent of\nthe landowner or occupier of the land.\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Requirements for title area of EL","content":"140 Requirements for title area of EL\n(1) A person may fossick in the title area of an EL for any mineral\nexcept gold without giving notice of the intention, or obtaining\n(2) A person who intends to fossick for gold in the title area of an EL\nmay do so only after giving notice to the holder of the EL as\nspecified by regulation.\n(3) A regulation may prescribe the circumstances when a person\nintending to fossick for gold in the title area of an EL requires the\nwritten consent of the holder of the EL.\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Requirements for other title areas and proposed title areas","content":"141 Requirements for other title areas and proposed title areas\nA person may fossick in the title area or proposed title area of an\nML, EMP or EML with the written consent of the relevant title holder\nor relevant applicant as prescribed by regulation.\n","sortOrder":147},{"sectionNumber":"142","sectionType":"section","heading":"Multiple requirements for fossicking","content":"142 Multiple requirements for fossicking\n(a) a person conducts or intends to conduct fossicking on an area\nof land; and\n(b) more than one provision of this Part applies in relation to the\nland (for example, because it is reserved land and also a park\nor reserve).\n(2) The person must comply with each requirement under this Part for\nthe land.\n","sortOrder":148},{"sectionNumber":"143","sectionType":"section","heading":"General obligations relating to fossicking","content":"143 General obligations relating to fossicking\n(1) A fossicker in a declared fossicking area must comply with any\nconditions imposed by the Minister for the area in the declaration\nunder section 136(1).\n(2) A fossicker on any land must comply with other laws in force in\nrelation to the land.\n\nMineral Titles Act 2010 74\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Regulations relating to fossicking","content":"144 Regulations relating to fossicking\nA regulation may provide for any of the following:\n(a) particular activities that may be conducted for fossicking;\n(b) conditions relating to conducting particular activities for\nfossicking;\n(c) information to be given to the Minister by a person conducting\nfossicking;\n(d) circumstances when notice must be given, or steps must be\ntaken for giving notice, to a landowner or occupier of land, of a\nperson's entry onto land;\n(e) the contents of a notice or application to be given or made to\nthe Minister, a landowner or an occupier of land;\n(f) procedures and limitations of time applicable to a matter\nmentioned in this section.\n","sortOrder":150},{"sectionNumber":"Div 1","sectionType":"division","heading":"General matters","content":"Division 1 General matters\n","sortOrder":151},{"sectionNumber":"145","sectionType":"section","heading":"Prosecution","content":"145 Prosecution\nA prosecution under this Act must not be commenced more than\n3 years after the occurrence of the alleged offence.\n","sortOrder":152},{"sectionNumber":"146","sectionType":"section","heading":"Minerals and extractive minerals extracted unlawfully","content":"146 Minerals and extractive minerals extracted unlawfully\nAll minerals and extractive minerals extracted from land in\ncontravention of this Act remain the property of the Territory.\nDivision 2 Offences relating to mineral titles, authorised\nactivities and other matters\n","sortOrder":153},{"sectionNumber":"147","sectionType":"section","heading":"Contravention of condition of mineral title","content":"147 Contravention of condition of mineral title\nThe holder of a mineral title commits an offence if the title holder:\n(a) engages in conduct; and\n\nMineral Titles Act 2010 75\n(b) the conduct results in a contravention of a condition of the\nmineral title or an access authority held by the title holder.\nThe title holder:\n(a) intentionally engages in the conduct; and\n(b) is reckless about whether the conduct will result in a\ncontravention of the condition.\nMaximum penalty: 500 penalty units.\n","sortOrder":154},{"sectionNumber":"148","sectionType":"section","heading":"Conducting activities without mineral title","content":"148 Conducting activities without mineral title\n(1) A person commits an offence if the person:\n(a) conducts exploration for, or mining or other extraction of,\nminerals or extractive minerals on an area of land of the\nTerritory; and\n(b) no mineral title is in force giving the person the right to\nconduct the activities on the land.\n(a) intentionally conducts exploration for, or mining or other\nextraction of, minerals or extractive minerals on an area of\nland of the Territory; and\n(b) is reckless about whether a mineral title is in force giving the\nperson the right to conduct the activities on the land.\nMaximum penalty: 5 000 penalty units or imprisonment for\n5 years.\n(2) An offence against this section is a summary offence.\n","sortOrder":155},{"sectionNumber":"149","sectionType":"section","heading":"Interference with authorised activities or rights","content":"149 Interference with authorised activities or rights\nA person must not interfere with:\n(a) authorised activities being conducted under a mineral title; or\n\nMineral Titles Act 2010 76\n(b) the exercise by the title holder of a right under the mineral title\nor under an access authority granted to the title holder.\nFault element: The person intentionally interferes with the\nauthorised activities or the exercise of the\nright.\n","sortOrder":156},{"sectionNumber":"150","sectionType":"section","heading":"Entering into unlawful agreement about compensation","content":"150 Entering into unlawful agreement about compensation\nA person commits an offence if the person:\n(a) enters into an agreement relating to the payment of\ncompensation under section 107 or 108; and\n(b) the agreement is contrary to a provision of Part 5, Division 6\nrelating to an entitlement to, or the payment of, compensation.\n(a) intentionally enters into the agreement; and\n(b) is reckless about whether the agreement is contrary to a\nprovision of Part 5, Division 6 relating to an entitlement to, or\nthe payment of, compensation.\n","sortOrder":157},{"sectionNumber":"151","sectionType":"section","heading":"Misleading information and documents","content":"151 Misleading information and documents\n(1) A person must not give misleading information to an official acting\nin an official capacity.\n(a) intentionally gives the information to the official; and\n(b) knows the information is misleading; and\n(c) knows the official is acting in an official capacity.\n\nMineral Titles Act 2010 77\n(2) A person must not give a document containing misleading\ninformation to an official acting in an official capacity.\n(a) intentionally gives the document to the official; and\n(b) knows the document contains misleading information; and\n(c) knows the official is acting in an official capacity.\n(3) Subsection (2) does not apply if the person, when giving the\ndocument:\n(a) draws the misleading aspect of the document to the official's\nattention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe official the information necessary to correct the document.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":158},{"sectionNumber":"152","sectionType":"section","heading":"Obstruction of official","content":"152 Obstruction of official\n(1) A person must not obstruct an official acting in an official capacity.\n(a) knows the official is acting in an official capacity; and\n(b) intentionally obstructs the official.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant establishes a reasonable excuse.\nobstruct includes resist and hinder.\n\nMineral Titles Act 2010 78\n","sortOrder":159},{"sectionNumber":"153","sectionType":"section","heading":"Additional penalty for continuing offence","content":"153 Additional penalty for continuing offence\nIn addition to any penalty imposed for an offence against\nsection 147, 148 or 149, the court may impose a penalty not\nexceeding 10 penalty units for each day during which the offence\ncontinues after the day on which it was committed.\n","sortOrder":160},{"sectionNumber":"154","sectionType":"section","heading":"Additional orders on finding of guilt","content":"154 Additional orders on finding of guilt\n(1) In addition to any penalty imposed for an offence against\nsection 147, 148 or 149 (including a penalty imposed under\nsection 153), the court may make any of the following orders:\n(a) the offender must pay to the Territory the cost of repairing any\ndamage done (including, for example, damage to the\nenvironment) by the offender in the commission of the offence;\n(b) the offender must pay to the Territory an amount equal to the\nvalue of any minerals or extractive minerals extracted in the\ncommission of the offence and not otherwise recovered by the\nTerritory;\n(c) the offender must forfeit to the Territory any thing used in\nconnection with the offence, whether or not it has been seized\nunder section 179.\nExamples for subsection (1)(c)\nVehicles, vessels, aircraft, plant, machinery and equipment.\n(2) An amount ordered to be paid under subsection (1)(a) or (b), may\nbe recovered by the Territory in a court of competent jurisdiction.\n(3) The Minister may sell or otherwise dispose of property forfeited to\nthe Territory under subsection (1)(c).\n","sortOrder":161},{"sectionNumber":"155","sectionType":"section","heading":"Definition","content":"155 Definition\nIn this Division:\nrepresentative, of a person, means an employee or agent of the\nperson.\n","sortOrder":162},{"sectionNumber":"156","sectionType":"section","heading":"Liability of representative","content":"156 Liability of representative\n(1) It is not a defence to a prosecution for an offence against a\nprovision of this Act that the defendant was, at the time of the\ncommission of the offence, another person's representative.\n\nMineral Titles Act 2010 79\n(2) However, it is a defence if the defendant proves the defendant was,\nat the time of the commission of the offence:\n(a) another person's representative; and\n(b) under the direct or indirect supervision of the other person.\n","sortOrder":163},{"sectionNumber":"157","sectionType":"section","heading":"Conduct of representative","content":"157 Conduct of representative\n(1) This section applies to a prosecution for an offence against a\nprovision of this Act.\nNote for subsection (1)\nThis section deals with prosecutions of individuals. Part IIAA, Division 5, of the\nCriminal Code contains provisions about corporate criminal responsibility.\n(2) Conduct engaged in by a representative of a person within the\nscope of the representative's actual or apparent authority is taken to\nhave been also engaged in by the person.\n(3) However, subsection (2) does not apply if the person proves the\nperson took reasonable steps to prevent the conduct.\n(4) In deciding whether the person took reasonable steps to prevent\nthe conduct, a court must consider:\n(a) any action the person took to ensure the representative had a\nreasonable knowledge and understanding of the requirement\nto comply with the contravened provision; and\n(b) the level of management, control or supervision that was\nappropriate for the person to exercise over the representative.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) If it is relevant to prove a person had a fault element in relation to a\nphysical element of an offence, it is enough to show:\n(a) the conduct relevant to the physical element was engaged in\nby a representative of the person within the scope of the\nrepresentative's actual or apparent authority; and\n(b) the representative had the fault element in relation to the\nphysical element.\n\nMineral Titles Act 2010 80\n(7) A person may rely on section 43AX of the Criminal Code in relation\nto conduct by a representative that would be an offence by the\nperson only if:\n(a) the representative was under a mistaken but reasonable belief\nabout the facts that, had they existed, would have meant that\nthe conduct would not have constituted an offence; and\n(b) the person proves the person exercised due diligence to\nprevent the conduct.\nNote for subsection (7)\nSection 43AX of the Criminal Code provides a person is not criminally\nresponsible if the person engaged in conduct under a mistake of fact in relation to\nan offence of strict liability.\n(8) A person (the defendant) may not rely on section 43BA of the\nCriminal Code in relation to a physical element of an offence\nbrought about by another person if the other person is a\nrepresentative of the defendant.\nNote for subsection (8)\nSection 43BA of the Criminal Code provides a person is not criminally\nresponsible in circumstances of an intervening conduct or event.\n(9) A person who is convicted of an offence cannot be punished by\nimprisonment for the offence if the person would not have been\nconvicted of the offence without subsection (2) or (6).\n(10) In this section:\nfault element includes intention, knowledge, recklessness, opinion,\nbelief and purpose, but does not include negligence.\nperson means an individual.\n","sortOrder":164},{"sectionNumber":"158","sectionType":"section","heading":"Offence – other partners and managers taken to have","content":"158 Offence – other partners and managers taken to have\ncommitted offence of partner\n(1) If a person (the offender) who is a partner in a partnership commits\nan offence against a provision of this Act in the course of the\nactivities of the partnership, each other partner in the partnership,\nand each other person who is concerned with, or takes part in, the\nmanagement of the partnership, is:\n(a) taken to have committed the offence; and\n(b) liable to the same penalty for the offence as an individual.\n\nMineral Titles Act 2010 81\n(2) Subsection (1) does not apply if:\n(a) the other partner or person was not in a position to influence\nthe conduct of the offender; or\n(b) the other partner or person, being in a position to influence the\nconduct of the offender, took reasonable steps and exercised\ndue diligence to prevent the conduct.\nNote for subsection (2)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n(3) This section does not affect the liability of the offender.\n(4) This section applies whether or not the offender is prosecuted for,\nor convicted of, the offence.\n(5) This section does not apply if the offender would have a defence to\na prosecution for the offence.\n(6) In this section:\npartnership does not include an incorporated limited partnership\nformed under the Partnership Act 1997.\n","sortOrder":165},{"sectionNumber":"159","sectionType":"section","heading":"Offence – managers of unincorporated associations taken to","content":"159 Offence – managers of unincorporated associations taken to\nhave committed offence of other manager\n(1) If a person (the offender) who is concerned with, or takes part, in\nthe management of an unincorporated association commits an\noffence against a provision of this Act in the course of the activities\nof the association, each other person who is concerned with, or\ntakes part in, the management of the unincorporated association is:\n(a) taken to have committed the offence; and\n(b) liable to the same penalty for the offence as an individual.\n(2) Subsection (1) does not apply if:\n(a) the other person was not in a position to influence the conduct\nof the offender; or\n(b) the other person, being in a position to influence the conduct\nof the offender, took reasonable steps and exercised due\ndiligence to prevent the conduct.\nNote for subsection (2)\nThe defendant has an evidential burden in relation to the matters mentioned (see\nsection 43BU of the Criminal Code).\n\nMineral Titles Act 2010 82\n(3) This section does not affect the liability of the offender.\n(4) This section applies whether or not the offender is prosecuted for,\nor convicted of, the offence.\n(5) This section does not apply if the offender would have a defence to\na prosecution for the offence.\n","sortOrder":166},{"sectionNumber":"160","sectionType":"section","heading":"Criminal liability of executive officer of body corporate","content":"160 Criminal liability of executive officer of body corporate\n(1) An executive officer of a body corporate commits an offence if:\n(a) the body corporate commits an offence (a relevant offence)\nby contravening a provision of this Act; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention; and\n(d) the officer was reckless about whether the contravention\nwould happen.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe contravened provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's representatives and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the contravened provision;\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n\nMineral Titles Act 2010 83\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate.\n(5) This section applies whether or not the body corporate is\nprosecuted for, or convicted of, the relevant offence.\n(6) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(7) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":167},{"sectionNumber":"161","sectionType":"section","heading":"Making application to Tribunal","content":"161 Making application to Tribunal\n(1) A person permitted by this Act to make an application to the\nTribunal, may do so under the Northern Territory Civil and\nAdministrative Tribunal Act 2014.\n(2) A person permitted by section 24MD(6B)(d) of the NTA to object to\nan act mentioned in section 24MD(6B)(b) of the NTA may apply to\nthe Tribunal for a hearing and recommendation in relation to the\nobjection.\n(3) For section 24MD(6B)(f) of the NTA:\n(a) the Tribunal is an independent body that may hear the\napplication; and\n(b) the application is taken to be the request for a hearing by an\nindependent body.\n","sortOrder":168},{"sectionNumber":"162","sectionType":"section","heading":"Regulations may provide for other applications to Tribunal","content":"162 Regulations may provide for other applications to Tribunal\nThe regulations may provide for:\n(a) other matters under this Act in relation to which a person may\nmake an application to the Tribunal; and\n(b) procedures relevant to those applications in addition to any\nprocedures under the Northern Territory Civil and\nAdministrative Tribunal Act 2014.\n\nMineral Titles Act 2010 84\n","sortOrder":169},{"sectionNumber":"163","sectionType":"section","heading":"Approved forms","content":"163 Approved forms\n(1) The Minister:\n(a) must approve a form for a provision of this Act that requires a\ndocument to be in the approved form; and\n(b) may approve a form for another document required to be\ngiven under this Act.\n(2) The Minister must publicise an approved form in a way decided by\nthe Minister (for example, on the Internet).\n","sortOrder":170},{"sectionNumber":"164","sectionType":"section","heading":"Applications, notices and other information","content":"164 Applications, notices and other information\n(1) An application made, or a notice or other information given, to the\nMinister under this Act must be lodged with the Agency in a way\nthat is acceptable to the Minister.\n(2) If there is an approved form for an application or other document,\nthe application or document must be made substantially in\naccordance with the approved form.\n(3) An application must include:\n(a) the information relating to the application required by this Act;\nand\n(b) if there is an approved form for the application – the\ninformation required by the form; and\n(c) any further information prescribed by regulation for the\n(4) The Minister may require information given under this Act to be\nverified in the way the Minister specifies.\n(5) If a fee has been prescribed for making an application or giving a\nnotice or information to the Minister, the fee must be paid on\nlodgment of the application, notice or information.\n(6) An application or other document lodged with the Agency after\n4 pm on a business day is taken to have been received on the next\nbusiness day.\n\nMineral Titles Act 2010 85\n","sortOrder":171},{"sectionNumber":"165","sectionType":"section","heading":"Requirements of Minister","content":"165 Requirements of Minister\n(1) Before making a decision relating to any application under this Act,\nthe Minister may require the applicant to give the Minister additional\ninformation, or take an action, relevant to the application.\n(2) At any time during the period a mineral title is in force, the Minister\nmay require the title holder to give the Minister information, or take\nan action, relevant to the mineral title.\n","sortOrder":172},{"sectionNumber":"166","sectionType":"section","heading":"Minister to give written notice of decisions and requirements","content":"166 Minister to give written notice of decisions and requirements\n(1) A decision, requirement, approval, consent, authorisation or notice\nmade or given by the Minister under this Act must be in writing and\nserved on the person to whom it is directed.\n(2) If the Minister decides to refuse an application made under this Act,\nthe Minister must give the applicant a notice of the refusal that\nincludes the reasons for the decision.\n(3) However, subsection (2) does not apply to an application\nprescribed by regulation.\n","sortOrder":173},{"sectionNumber":"167","sectionType":"section","heading":"Minister may extend time","content":"167 Minister may extend time\n(1) If this Act, or an instrument under this Act, specifies a time for a\nperson to take an action, the Minister may extend the time if\nsatisfied there are circumstances to justify the extension.\n(2) The Minister may extend the time on the Minister's own initiative or\non the written request of the person required to take the action.\n","sortOrder":174},{"sectionNumber":"168","sectionType":"section","heading":"Constructive consent of landowner","content":"168 Constructive consent of landowner\n(1) This section applies if a provision of this Act requires a person to\nobtain the written consent of a landowner before the person may\ntake an action (for example, enter the landowner's land).\n(2) If the person has served on the landowner a notice requesting the\nconsent, and the landowner has not responded in writing to the\nrequest within 2 months after the day of service, the landowner is\ntaken to have given consent.\n","sortOrder":175},{"sectionNumber":"169","sectionType":"section","heading":"Guidelines","content":"169 Guidelines\n(1) The Minister may make guidelines for the administration of this Act.\n(2) The guidelines must be consistent with this Act.\n\nMineral Titles Act 2010 86\n(3) The Minister may publish the guidelines in the way the Minister\nconsiders appropriate (for example, on the Internet).\n(4) A person acting under this Act must have regard to the guidelines.\n","sortOrder":176},{"sectionNumber":"170","sectionType":"section","heading":"Delegation","content":"170 Delegation\n(1) The Minister may delegate any of the Minister's powers and\nfunctions under this Act, other than as mentioned in section 112(7),\nto one or both of the following:\n(a) the Chief Executive Officer;\n(b) a public sector employee from time to time holding, acting in\nor performing the duties of a named office, designation or\nposition in the Agency.\n(2) A power or function may be delegated under subsection (1)(b) to\nmore than one public sector employee.\n","sortOrder":177},{"sectionNumber":"171","sectionType":"section","heading":"Release or publication of information","content":"171 Release or publication of information\n(1) The Minister may release or publish information contained in a\nreport given under section 94 only as prescribed by regulation.\n(2) A regulation may provide for matters relevant to the release or\npublication of information mentioned in subsection (1), including\nany of the following:\n(a) the information that must not be released or published;\n(b) the method of:\n(i) release of information to particular people; or\n(ii) publication of information;\n(c) the periods or circumstances when particular information may\nbe released or published.\n(3) This section does not apply in relation to information kept in the\nregister.\n","sortOrder":178},{"sectionNumber":"172","sectionType":"section","heading":"Action if condition or requirement contravened","content":"172 Action if condition or requirement contravened\n(a) a condition of a mineral title requires the title holder to take an\naction in relation to the title area; or\n\nMineral Titles Act 2010 87\n(b) the Minister requires the holder of a mineral title to take an\naction in relation to the title area.\n(2) If the title holder does not comply with the requirement, the Minister\nmay enter the title area and take the action the Minister considers\nnecessary.\n(3) The Minister may take the action:\n(a) regardless of whether the mineral title is still in force; and\n(b) with the assistance that is necessary.\n(4) The costs incurred by the Minister in taking the action are payable\nto the Territory by the title holder.\n","sortOrder":179},{"sectionNumber":"173","sectionType":"section","heading":"Action relating to removal of equipment","content":"173 Action relating to removal of equipment\n(1) This section applies if a person who previously held a mineral title\nhas not complied with the condition in section 99, requiring the\nremoval of plant, machinery and other equipment (each of which is\nrelevant equipment).\n(2) The Minister may serve a notice on the person requiring the person\nto give the Minister reasons, within a specified time of not less than\n14 days after the day of service, why the relevant equipment should\nnot be sold or removed.\n(3) If the person does not give the Minister a notice within the time\nspecified under subsection (2), or the Minister is not satisfied with\nthe reasons given by the person, the Minister may:\n(a) give notice, in a newspaper circulating in the area in which the\nrelevant equipment is located, of the sale of the equipment by\npublic auction to be held on a specified date (which must be at\nleast 7 days after the date of publication of the notice); and\n(b) hold the auction as notified.\n(4) The purchaser of relevant equipment acquires good title to it and\nhas the right to enter onto the land on which it is located and\nremove the equipment.\n(5) Any of the relevant equipment not sold at auction becomes the\nproperty of the Territory.\n\nMineral Titles Act 2010 88\n(6) The Minister must pay to the person who previously held the\nmineral title the money remaining from the sale of relevant\nequipment after the Minister has deducted amounts to pay:\n(a) the expenses incurred by the Territory in holding the auction;\nand\n(b) any debts owed by the person to the Territory or any other\nperson under this Act.\n(7) This section does not limit the operation of section 172 in relation to\nthe former title area of the mineral title.\n","sortOrder":180},{"sectionNumber":"174","sectionType":"section","heading":"Decision not to be challenged solely for irregularity","content":"174 Decision not to be challenged solely for irregularity\n(1) If the Minister makes a decision or takes an action relating to an\napplication under this Act, the decision or action is not open to\nchallenge solely because of:\n(a) an informality or irregularity in:\n(i) the making of the application; or\n(ii) the procedures followed in making the decision or taking\nthe action; or\n(b) the applicant's failure to comply fully with requirements under\nthis Act; or\n(c) in relation to a mineral title application – the applicant's failure\nto meet all the necessary criteria.\n(2) However, this section does not apply in relation to an irregularity or\nfailure involving fraud.\n","sortOrder":181},{"sectionNumber":"175","sectionType":"section","heading":"Appointment of authorised officer","content":"175 Appointment of authorised officer\nThe Minister may appoint a public sector employee to be an\nauthorised officer.\n","sortOrder":182},{"sectionNumber":"176","sectionType":"section","heading":"Identity card","content":"176 Identity card\n(1) The Minister must give an authorised officer an identity card stating\nthe person's name and that the person is an authorised officer.\n(2) The identity card must:\n(a) show a recent photograph of the authorised officer; and\n\nMineral Titles Act 2010 89\n(b) show the card's date of issue; and\n(c) be signed by the officer.\n(3) A person who ceases to be an authorised officer must return the\nperson's identity card to the Minister within 14 days after the\ncessation.\nMaximum penalty: 10 penalty units.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the person establishes a reasonable excuse.\n(6) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":183},{"sectionNumber":"177","sectionType":"section","heading":"Functions of authorised officer","content":"177 Functions of authorised officer\nAn authorised officer has the following functions:\n(a) to monitor compliance with this Act;\n(b) to inspect the title areas of mineral titles to assess whether the\nactivities being conducted by title holder are in accordance\nwith this Act and the conditions of the mineral title;\n(c) to inspect access areas to assess whether the holders of the\naccess authorities are complying with the conditions of the\nauthorities;\n(d) to inspect reserved land to assess whether unauthorised\nactivities are being conducted on the land;\n(e) to receive and investigate complaints about the following:\n(i) mineral titles and activities conducted under mineral\ntitles;\n(ii) exploration for, or extraction of, minerals or extractive\nminerals generally;\n(f) to give advice and information to persons involved in\nexploration for and extraction of minerals or extractive\nminerals, the Minister and the public;\n\nMineral Titles Act 2010 90\n(g) to collect and collate statistics, as required by the Minister,\nabout the following:\n(i) exploration for and extraction of minerals and extractive\nminerals;\n(ii) the mineral and extractive mineral industries.\n","sortOrder":184},{"sectionNumber":"178","sectionType":"section","heading":"General powers","content":"178 General powers\n(1) Subject to this Act, an authorised officer may do any of the following\nin relation to a mineral title:\n(a) at any time, enter and inspect the title area and any\nassociated access area;\n(b) require a person to give the officer information that is\nreasonably necessary:\n(i) to assist the officer to perform a function under this Act;\nor\n(ii) for the administration or enforcement of this Act;\n(c) require the title holder or another person associated with the\nactivities conducted under, or in association with, the mineral\ntitle to attend and answer questions in connection with an\ninvestigation into a matter relevant to the administration or\nenforcement of this Act;\n(d) give written instructions to the title holder;\n(e) direct the title holder to take action or cease work to ensure\ncompliance with this Act or the conditions of the mineral title\nand any associated access authority;\n(f) take any other action that may be reasonably necessary to\nensure compliance with this Act or the conditions of the\nmineral title and any associated access authority.\n(2) A person commits an offence if the person fails to comply with a\nrequirement given to the person under subsection (1).\n(3) An offence against subsection (2) is an offence of strict liability.\n(4) It is a defence to a prosecution for an offence against\nsubsection (2) if the defendant establishes a reasonable excuse.\n\nMineral Titles Act 2010 91\n(5) A requirement or direction given orally under subsection (1) must\nbe confirmed in writing as soon as practicable after it is given.\n","sortOrder":185},{"sectionNumber":"179","sectionType":"section","heading":"Search and seizure powers","content":"179 Search and seizure powers\n(1) This section applies if an authorised officer believes on reasonable\ngrounds that an offence against this Act has been, is being, or is\nlikely to be, committed.\n(2) The authorised officer may, without a warrant, exercise any of the\nfollowing powers for the detection or prevention of the offence:\n(a) enter and search a place, except residential premises;\n(b) stop, enter and search a vehicle, vessel or aircraft;\n(c) stop, detain and search a person in connection with the\nexercise of a power under paragraph (a) or (b);\n(d) require the person to give the officer a specified thing or\nspecified information;\n(e) require a person to cease doing something;\n(f) search a thing in connection with the exercise of a power\nunder paragraph (a), (b), (c) or (d);\n(g) inspect, take samples of or seize any thing found in a search\nunder this subsection;\n(h) operate electronic equipment found as a result of the search in\norder to retrieve or record information;\n(i) inspect and retrieve a thing or information for paragraph (h);\n(j) make a record about an exercise of power under this\nsubsection.\n(3) A person may be searched under subsection (2)(c) only by an\nauthorised officer of the same gender as the person.\n(4) A requirement made orally under subsection (2)(d) must be\nconfirmed in writing as soon as practicable after the requirement is\ngiven.\n(5) As soon as practicable after an authorised officer seizes a thing\nunder subsection (2)(g), the officer must:\n(a) give the Minister a written report about the seizure; and\n\nMineral Titles Act 2010 92\n(b) deliver the thing to the Minister or a person authorised by the\nMinister to accept delivery of it.\n(6) A person commits an offence if the person fails to comply with a\nrequirement given to the person under subsection (2).\n(7) An offence against subsection (6) is an offence of strict liability.\n(8) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant establishes a reasonable excuse.\n","sortOrder":186},{"sectionNumber":"180","sectionType":"section","heading":"Reasonable force and assistance","content":"180 Reasonable force and assistance\nAn authorised officer may use reasonable force and assistance in\nexercising a power or performing a function under this Act.\n","sortOrder":187},{"sectionNumber":"181","sectionType":"section","heading":"Falsely representing to be authorised officer","content":"181 Falsely representing to be authorised officer\nA person must not falsely represent, by words or conduct, that the\nperson or another person is an authorised officer.\nFault element: The person intentionally represents the\nperson or other person is an authorised\nofficer with an intention to deceive.\nMaximum penalty: 200 penalty units or imprisonment for\n","sortOrder":188},{"sectionNumber":"182","sectionType":"section","heading":"Definitions","content":"182 Definitions\nIn this Division:\nrelevant offence means an offence in connection with which a\nthing was seized under section 179(2)(g).\nseized thing means a thing seized under section 179(2)(g) and\ndelivered under section 179(5)(b).\n","sortOrder":189},{"sectionNumber":"183","sectionType":"section","heading":"Court may order forfeiture","content":"183 Court may order forfeiture\n(1) This section applies in relation to a seized thing if a prosecution for\na relevant offence commences within 12 months after the delivery\nof the seized thing.\n(2) If a court finds a person guilty of the relevant offence, the court may\norder the seized thing be forfeited to the Territory.\n\nMineral Titles Act 2010 93\n(3) The forfeiture is in addition to the penalty imposed for the offence.\n(4) If a person is found guilty of the relevant offence, the person is\nliable to pay to the Territory the reasonable costs of handling,\nmaintaining and storing the seized thing from the time it was seized,\nregardless of whether the court makes an order under\nsubsection (2).\n","sortOrder":190},{"sectionNumber":"184","sectionType":"section","heading":"Minister may give notice to claim delivery","content":"184 Minister may give notice to claim delivery\n(1) This section applies in relation to a seized thing if a prosecution for\na relevant offence:\n(a) is not commenced within 12 months after the delivery of the\nseized thing; or\n(b) is commenced within 12 months after the delivery of the\nseized thing and the court does not make an order under\nsection 183(2).\n(2) The Minister must give a notice to one of the following persons,\nrequiring the person to claim delivery of the seized thing within\n21 days after the day on which the person receives the notice:\n(a) the person from whom the thing was seized;\n(b) a person the Minister reasonably believes is the owner of the\nthing or has a legal interest in it.\n(3) If the person claims delivery of the seized thing as required, the\nMinister must refer the claim to the Local Court for it to be dealt with\nas if it were a claim made by a claimant of property under\nsection 130B of the Local Court (Criminal Procedure) Act 1928.\n(4) If the person does not claim delivery of the seized thing as required,\nthe seized thing is forfeited to the Territory.\n","sortOrder":191},{"sectionNumber":"185","sectionType":"section","heading":"Aboriginal community living area – excluded land","content":"185 Aboriginal community living area – excluded land\n(1) Within 30 days after the grant of an estate in fee simple for an\nAboriginal community living area, the landowner for the area may\ngive the Minister a notice about land within the area that is to be\nexcluded from the grant of mineral titles (excluded land).\n\nMineral Titles Act 2010 94\n(2) The notice must specify the central point of the excluded land, the\narea of which may extend to a radius of no more than 1 km from the\ncentral point (but not outside the Aboriginal community living area).\n(3) On application by the landowner for the Aboriginal community living\narea, the Minister may approve a new location for the excluded\n(4) The Minister must not grant a mineral title over the excluded land\nunless the landowner has given written consent to the grant.\n(5) However, a mineral title in force for any part of the excluded land\nimmediately before notice is given under subsection (1), or approval\nis given under subsection (3), is not affected by the giving of the\nnotice or approval.\n","sortOrder":192},{"sectionNumber":"186","sectionType":"section","heading":"Prescribed substance – royalty payments","content":"186 Prescribed substance – royalty payments\n(1) A person specified in an authority under Part III of the Atomic\nEnergy Act who conducts activities for mining a prescribed\nsubstance in the Ranger Project Area is liable to pay a royalty in\nrelation to the prescribed substance in accordance with an\nagreement between the person and the Commonwealth.\n(2) The holder of an ML relating to a prescribed substance is liable to\npay a royalty in relation to the prescribed substance mined in the\ntitle area:\n(a) to the Crown, in right of the Territory, on behalf of the\nCommonwealth; and\n(b) in accordance with the applied law.\n(3) If, because of section 17(2) of the Uranium Royalty Act, the\nTerritory must pay to the Commonwealth an amount equal to the\nwhole or part of a received amount that has been refunded under\nthe applied law:\n(a) the amount must be paid from the public moneys of the\nTerritory; and\n(b) the appropriation for that purpose is established or increased\nto the extent necessary.\napplied law, see section 4 of the Uranium Royalty Act.\nreceived amount, see section 17(1) of the Uranium Royalty Act.\n\nMineral Titles Act 2010 95\n","sortOrder":193},{"sectionNumber":"187","sectionType":"section","heading":"Prescribed substance – Minister's exercise of powers","content":"187 Prescribed substance – Minister's exercise of powers\n(1) In relation to a prescribed substance, the Minister:\n(a) must exercise the Minister's powers in accordance with, and\ngive effect to, the advice of the Commonwealth Minister; and\n(b) must not exercise the Minister's powers otherwise than in\naccordance with the advice of the Commonwealth Minister.\n(2) However, subsection (1) does not prevent the Minister from acting\nwithout the advice of the Commonwealth Minister, or require the\nMinister to take or give effect to the advice of the Commonwealth\nMinister, in relation to:\n(a) a matter mentioned in Part 3, Division 1; or\n(b) the exercise of a power under an arrangement in force under\nsection 7 of the Uranium Royalty Act, unless the arrangement\nrequires compliance with subsection (1).\nCommonwealth Minister means the Minister for the\nCommonwealth administering the Atomic Energy Act 1953 (Cth).\n","sortOrder":194},{"sectionNumber":"188","sectionType":"section","heading":"Agreement to be consistent with Act","content":"188 Agreement to be consistent with Act\n(1) A person must not enter into an agreement that is inconsistent with\nthis Act, and such an agreement is of no effect to the extent of the\ninconsistency.\n(2) This section applies in addition to sections 109 and 150.\n","sortOrder":195},{"sectionNumber":"189","sectionType":"section","heading":"Acquisition on just terms","content":"189 Acquisition on just terms\nIf the operation of this Act would, apart from this section, result in an\nacquisition of property from a person otherwise than on just terms:\n(a) the person is entitled to receive from the Territory the\ncompensation necessary to ensure the acquisition is on just\nterms; and\n(b) a court of competent jurisdiction may decide the amount of\ncompensation or make the orders it considers necessary to\nensure the acquisition is on just terms.\n\nMineral Titles Act 2010 96\n","sortOrder":196},{"sectionNumber":"190","sectionType":"section","heading":"Protection from liability","content":"190 Protection from liability\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) an authorised officer;\n(b) a person assisting an authorised officer;\n(c) a person assisting the Minister to take an action under\nsection 172(2);\n(d) a person authorised under section 179(5)(b) to accept delivery\nof a seized thing.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":197},{"sectionNumber":"191","sectionType":"section","heading":"Regulation-making power","content":"191 Regulation-making power\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for any of the following:\n(a) procedures relating to mineral title applications and other\napplications, including procedures for the following:\n(i) giving notice to the public, landowners, or occupiers of\nland;\n(ii) making a decision about the application and notifying the\napplicant of the decision;\n(iii) the applicant's entitlement to make submissions to the\nMinister;\n(b) matters relating to mineral authorities and corresponding titles;\n\nMineral Titles Act 2010 97\n(c) information to be provided to the Minister relating to an\napplication or mineral title, including:\n(i) information to be included in a technical work program;\nand\n(ii) statistics, plans or designs;\n(d) matters relating to surveying or marking boundaries of:\n(i) the title area or proposed title area of a mineral title; or\n(ii) an access area or proposed access area of an access\nauthority;\n(e) the regulation of authorised activities to protect land,\nimprovements or infrastructure (for example, by prescribing\nthe distance at which shafts and other mine workings must be\nkept from public or private roads, rights of way or particular\nbuildings);\n(f) matters relating to geological samples recovered under a\nmineral title, including any of the following:\n(i) giving notice of the recovery of samples;\n(ii) the keeping or disposal of samples;\n(iii) giving the Minister samples;\n(iv) examination of samples given to the Minister;\n(g) the way in which a holder of a mineral title may exercise a\nright or entitlement under the title, which may include limiting\nthat exercise in relation to:\n(i) other holders of mineral titles; or\n(ii) landholders or occupiers of land; or\n(iii) other persons using land in the title area;\n(h) matters relating to the surrender of all or part of the title area\nof a mineral title, or the cancellation or partial cancellation of a\nmineral title, including procedures for any of the following:\n(i) the variation of a mineral title following the surrender of\npart of the title area;\n(ii) the variation of a mineral title following the cancellation\nof the title in relation to part of the title area;\n\nMineral Titles Act 2010 98\n(iii) the refund of rent paid by the holder of a mineral title\nfollowing the surrender or cancellation;\n(i) matters relating to the variation of conditions of a mineral title;\n(j) matters relating to the division or amalgamation of title areas,\nincluding any of the following:\n(i) procedures for the division or amalgamation;\n(ii) the maximum size of an amalgamated title area;\n(iii) the minimum size of part of a divided title area;\n(iv) the term of a replacement title;\n(v) rent payable under a replacement title;\n(vi) reports in relation to a replacement title;\n(k) the way in which something required or permitted to be done\nunder this Act must, or may, be done;\n(l) the way in which a person may perform a function or exercise\na power under this Act (including, for example, the way in\nwhich a person may exercise a discretion).\n(3) A regulation may also do any of the following:\n(a) prescribe fees payable under this Act;\n(b) apply, adopt or incorporate (with or without changes) a matter\ncontained in another instrument as in force or existing at a\nparticular time or from time to time;\n(c) provide for the enforcement of a code of practice or standard,\nincluding by providing that a contravention of the code or\nstandard is an offence against the regulations;\n(d) prescribe a fine not exceeding 200 penalty units for an offence\nagainst the regulations;\n(e) provide for an offence against this Act to be an offence of strict\nliability.\n\nMineral Titles Act 2010 99\n","sortOrder":198},{"sectionNumber":"193","sectionType":"section","heading":"Interpretation","content":"193 Interpretation\n(1) In this Part:\ncommencement day means the day on which this Part\ncommences.\ncorresponding application means one of the following:\n(a) in relation to an existing application for the grant or renewal of\nan exploration retention licence – an application for the\ndesignation or renewal of the designation of an ELR;\n(b) in relation to an existing application for the grant or renewal of\nany other existing interest mentioned in section 202(1) – the\ngrant or renewal of the corresponding mineral title for the\nexisting interest;\n(c) in relation to an existing application mentioned in\nsection 201(2) – the application under this Act that is of the\nsame or a similar nature as the existing application.\ncorresponding mineral title, for an existing interest mentioned in\nsection 202(1), means the corresponding mineral title for the\ninterest as specified in that section.\nexisting application means an application lodged with the Agency\nunder the repealed Act and not decided before the commencement\nday.\nexisting interest means one of the following in force immediately\nbefore the commencement day:\n(a) a mining interest;\n(b) a mining tenement;\n(c) a mining lease or special mineral lease continued in force by\nsection 191(9) or (12) of the repealed Act;\n(d) a right or entitlement continued in force by section 191(19)\nor (20) of the repealed Act;\n\nMineral Titles Act 2010 100\n(e) a title continued in force by section 191(28) of the repealed\nAct.\nnon-compliant existing interest, see section 204(1).\nnon-compliant title means a non-compliant mineral title mentioned\nin section 203(3)(c).\nrepealed Act means the Mining Act 1980 as in force immediately\nbefore the commencement day.\n(2) A term mentioned in this Part that is defined in section 4(1) of the\nrepealed Act has the same meaning as in the repealed Act.\n","sortOrder":199},{"sectionNumber":"194","sectionType":"section","heading":"Principles for transition","content":"194 Principles for transition\n(1) A regulation or decision made for this Part must be consistent with\nthe principles for transition to the provisions of this Act.\n(2) The principles for transition are as follows:\n(a) to achieve consistency of mineral titles held under this Act;\n(b) to maximise the potential of exploration for, and extraction and\nprocessing of, minerals or extractive minerals by ensuring\nthose activities are conducted under appropriate mineral titles;\n(c) to assess corresponding mineral titles and ensure they\nauthorise appropriate activities to be conducted under this Act;\n(d) to facilitate the conversion of:\n(i) non-compliant titles to the appropriate mineral titles; and\n(ii) non-compliant existing interests to the appropriate\nmineral titles or other appropriate interests;\n(e) to consult with holders of non-compliant titles or non-compliant\nexisting interests to achieve appropriate conversions of the\ntitles or interests;\n(f) to allow sufficient time to enable the holders of non-compliant\ntitles or non-compliant existing interests to meet requirements\nunder this Act.\n","sortOrder":200},{"sectionNumber":"195","sectionType":"section","heading":"Repeals","content":"195 Repeals\nThe Acts specified in the Schedule are repealed.\n\nMineral Titles Act 2010 101\n","sortOrder":201},{"sectionNumber":"196","sectionType":"section","heading":"Continuation of authorizations for construction","content":"196 Continuation of authorizations for construction\nAn authorization in force under section 182(2) of the repealed Act\ncontinues in force and is taken to be an access authority.\n","sortOrder":202},{"sectionNumber":"197","sectionType":"section","heading":"Continuation of fossicking areas","content":"197 Continuation of fossicking areas\nA declaration of a fossicking area in force under section 131(1) of\nthe repealed Act continues in force and is taken to be a fossicking\narea declaration mentioned in section 136(1).\n","sortOrder":203},{"sectionNumber":"198","sectionType":"section","heading":"Existing applications generally","content":"198 Existing applications generally\n(1) An existing application is taken to have been made under this Act\nand must be decided in accordance with this Division.\n(2) If a prescribed fee was paid under the repealed Act for the existing\napplication, no further fee is payable for the application after the\ncommencement day.\n(3) If a prescribed fee payable for the existing application under the\nrepealed Act is not paid within 30 days after the commencement\nday, the fee prescribed under this Act for the corresponding\napplication is payable.\n(4) A regulation may provide for procedures, and discretions the\nMinister may exercise, in relation to any of the following:\n(a) the acceptance or refusal to accept an existing application;\n(b) the consideration of an existing application;\n(c) the refund of fees payable in relation to an existing application.\n","sortOrder":204},{"sectionNumber":"199","sectionType":"section","heading":"Grant or renewal – corresponding application","content":"199 Grant or renewal – corresponding application\n(1) This section applies to an existing application for:\n(a) the grant of an existing interest that, had it been in force under\nthe repealed Act, would have been converted under\nsection 202(1) to its corresponding mineral title; or\n(b) the renewal of an existing interest that has been converted\nunder section 202(1) to its corresponding mineral title.\nExample for subsection (1)(a)\nAn existing application for the grant of an exploration licence that, had it been in\nforce under the repealed Act, would have been converted to an EL.\n\nMineral Titles Act 2010 102\n(2) If the person who made the existing application has met the\nnecessary criteria for the corresponding application, the Minister\nmust decide the existing application in accordance with the\nprocedures relevant to the corresponding application.\n(3) If the person who made the existing application has not met the\nnecessary criteria for the corresponding application, the Minister\nmay:\n(a) if the existing application meets requirements under the\nrepealed Act for the existing application – decide the\napplication as if the applicant had met the necessary criteria\nfor the corresponding application; or\n(b) under section 69 recommend a variation or replacement of the\nexisting application and, if it is varied or replaced, decide the\napplication in accordance with Part 5, Division 2; or\n(c) if paragraph (a) does not apply and it is impracticable to apply\nparagraph (b) – deal with or decide the existing application:\n(i) as prescribed by regulation; or\n(ii) if there is no regulation relating to the particular\napplication – as the Minister considers appropriate,\nhaving regard to the principles for transition mentioned in\nsection 194(2).\n","sortOrder":205},{"sectionNumber":"200","sectionType":"section","heading":"Grant or renewal – no corresponding application","content":"200 Grant or renewal – no corresponding application\n(1) This section applies to an existing application for:\n(a) the grant of an existing interest that, had it been in force under\nthe repealed Act, would be a non-compliant existing interest;\nor\n(b) the renewal of a non-compliant existing interest; or\n(c) any other application relating to a non-compliant existing\ninterest.\n(2) The Minister must deal with or decide the application:\n(a) as prescribed by regulation; or\n(b) if there is no regulation relating to the particular application –\nas the Minister considers appropriate, having regard to the\nprinciples for transition mentioned in section 194(2).\n\nMineral Titles Act 2010 103\n","sortOrder":206},{"sectionNumber":"201","sectionType":"section","heading":"Other existing applications","content":"201 Other existing applications\n(1) This section applies to an existing application other than the\n(a) an application to which section 199 or 200 applies;\n(b) an application relating to a proceeding before a warden,\nincluding a plaint commencing a proceeding in the warden's\ncourt.\n(2) If the existing application relates to an existing interest that has\nbeen converted under section 202(1) to its corresponding mineral\ntitle, and this Act includes a provision for the corresponding\napplication, the Minister must follow the procedures under this Act\nfor deciding the existing application.\nExamples for subsection (2)\n1 If the existing application is for the variation of an exploration licence under\nsection 172 of the repealed Act, the Minister must follow the procedures\nunder section 100 applicable to the variation of the conditions of an EL.\n2 If the existing application is for the registration of a transfer of an interest in a\nmineral lease under section 173 of the repealed Act, the Minister must follow\nthe procedures under section 123 for a transfer of the same interest in an ML.\n(3) If the existing application relates to any other matter, the Minister\nmust deal with or decide the application:\n(a) as prescribed by regulation; or\n(b) if there is no regulation relating to the particular application –\nas the Minister considers appropriate, having regard to the\nprinciples for transition mentioned in section 194(2).\n","sortOrder":207},{"sectionNumber":"202","sectionType":"section","heading":"Conversion of existing interest to corresponding mineral title","content":"202 Conversion of existing interest to corresponding mineral title\n(1) On the commencement day, each existing interest specified in the\ntable, column 1, is converted to the corresponding mineral title\nspecified opposite in the table, column 2:\nColumn 1 Column 2\nexploration licence EL\nexploration retention licence ELR\nmineral lease ML\n\nMineral Titles Act 2010 104\nColumn 1 Column 2\nmining tenement comprising\nan area of land the right to\noccupation of which is\nconferred by section 61(2) of\nthe repealed Act\nML\nmining lease or special mineral\nlease continued in force by\nsection 191(9) or (12) of the\nrepealed Act\nML\nextractive mineral permit EMP\nextractive mineral lease EML\nauthority under section 178 of\nthe repealed Act\nMA\n(2) To avoid doubt, subsection (1):\n(a) applies to an existing interest to which one of the following\nActs applies:\n(i) the Merlin Project Agreement Ratification Act 1998;\n(ii) the Tanami Exploration Agreement Ratification Act 2004;\nand\n(b) does not apply to an interest, right or title to which one of the\nfollowing Acts applies:\n(i) the McArthur River Project Agreement Ratification\nAct 1992;\n(ii) the Mining (Gove Peninsula Nabalco Agreement)\nAct 1968.\n","sortOrder":208},{"sectionNumber":"203","sectionType":"section","heading":"Inconsistency of corresponding mineral title with Act","content":"203 Inconsistency of corresponding mineral title with Act\n(1) If a condition of a corresponding mineral title is inconsistent with a\nprovision of this Act, the condition of the corresponding mineral title\nprevails to the extent of the inconsistency.\n(2) However, the Minister may decide under section 100 to vary the\ncondition.\n\nMineral Titles Act 2010 105\n(3) In relation to a corresponding mineral title that does not comply fully\nwith a requirement of this Act, the Minister may, as soon as\npracticable after the commencement day:\n(a) give the title holder a notice recommending a way to achieve\ncompliance; or\n(b) require the title holder to take a specified action to achieve\ncompliance; or\n(c) if the non-compliance is such that it may be appropriate to\nconvert the corresponding mineral title to another type of\nmineral title, give the holder of the non-compliant title a notice\nstating the following:\n(i) the Minister has decided to convert the non-compliant\ntitle to another specified mineral title;\n(ii) details of the non-compliance;\n(iii) the information the title holder must give the Minister\nabout the non-compliant title and the time within which it\nmust be given;\n(iv) the title holder may accept the Minister's decision, or\nmake a submission to the Minister, within the time\nspecified in the notice;\n(v) the title holder is entitled to a review of the Minister's\ndecision as prescribed by regulation;\n(vi) any other information required by regulation.\nExample for subsection (3)(c)\nAn ML that was a mineral lease under the repealed Act may have a title area that\ndoes not contain an ore body or anomalous zone as required by the operation of\nPart 3, Divisions 1, 2 and 3, in which case it may be appropriate to convert the\nML to an EL.\n(4) The times specified under subsection (3)(c)(iii) and (iv) must be\nsufficient to enable the holder of the non-compliant title to obtain the\ninformation and fully consider the Minister's decision, taking into\naccount the nature of the information and non-compliance.\n","sortOrder":209},{"sectionNumber":"204","sectionType":"section","heading":"Non-compliant existing interests","content":"204 Non-compliant existing interests\n(1) This section applies to each of the following existing interests (a\nnon-compliant existing interest):\n(a) a mineral claim;\n\nMineral Titles Act 2010 106\n(b) a right or entitlement continued in force by section 191(19)\nor (20) of the repealed Act;\n(c) a title continued in force by section 191(28) of the repealed\nAct.\n(2) The non-compliant existing interest continues in force and has\neffect after the commencement day as if this Act had not\ncommenced.\n(3) However, as soon as practicable after the commencement day, the\nMinister must decide to take one of the following actions in relation\nto the non-compliant existing interest:\n(a) convert it to the mineral title the Minister considers\nappropriate;\n(b) facilitate its conversion to another interest in relation to the\nland to which it relates (for example, a licence under the\nCrown Lands Act 1992);\n(c) accept its surrender;\n(d) cancel it.\n(4) For subsection (3), the Minister must give the holder of the\nnon-compliant existing interest a notice stating the following:\n(a) the action the Minister has decided to take;\n(b) the information the holder must give the Minister about the\nnon-compliant existing interest and the time within which it\nmust be given;\n(c) the holder may accept the Minister's decision, or make a\nsubmission to the Minister, within the time specified in the\nnotice;\n(d) the holder is entitled to a review of the Minister's decision as\nprescribed by regulation;\n(e) any other information required by regulation.\n(5) The times specified under subsection (4)(b) and (c) must be\nsufficient to enable the holder of the non-compliant existing interest\nto obtain the information and fully consider the Minister's decision,\ntaking into account the nature of the information and non-compliant\ninterest.\n\nMineral Titles Act 2010 107\n","sortOrder":210},{"sectionNumber":"205","sectionType":"section","heading":"Other matters to be dealt with by regulation","content":"205 Other matters to be dealt with by regulation\nRegulations may deal with matters relevant to the following:\n(a) the conversion of a non-compliant title to another mineral title;\n(b) the conversion of a non-compliant existing interest to another\ninterest in relation to the land to which the non-compliant\nexisting interest relates;\n(c) the payment or refund of rent, or giving reports, in relation to:\n(i) an existing interest; or\n(ii) a corresponding mineral title for an existing interest;\n(d) procedures and other matters relevant to submissions and\nreviews mentioned in section 203(3)(c)(iv) and (v) or 204(4)(c)\nand (d).\n","sortOrder":211},{"sectionNumber":"206","sectionType":"section","heading":"Continuation of registers under repealed Act","content":"206 Continuation of registers under repealed Act\nEach register in existence under the repealed Act immediately\nbefore the commencement day continues to form part of the\nMineral Titles Register kept under section 121(1).\n","sortOrder":212},{"sectionNumber":"207","sectionType":"section","heading":"Information has same effect","content":"207 Information has same effect\n(1) Information entered in a register about an existing interest that has\nconverted to its corresponding mineral title continues to apply in\nrelation to the corresponding mineral title, with the necessary\nchanges, until the information is amended by the Minister.\n(2) Information entered in a register about a non-compliant existing\ninterest continues to apply in relation to the existing interest until the\nMinister amends the information after taking an action mentioned in\nsection 204(3), or for another reason.\n(3) A dealing or caveat in force immediately before the commencement\nday that relates to an existing interest continues to have the same\neffect after the commencement day in relation to the existing\ninterest or the corresponding mineral title for the existing interest\n(as appropriate).\n\nMineral Titles Act 2010 108\n","sortOrder":213},{"sectionNumber":"208","sectionType":"section","heading":"Consideration and registration of instruments","content":"208 Consideration and registration of instruments\nIf the consideration or registration of an instrument (including a\ncaveat) or information relating to an existing interest has not been\ncompleted before the commencement day, the consideration or\nregistration must be completed under Part 7.\n","sortOrder":214},{"sectionNumber":"209","sectionType":"section","heading":"Proceeding before warden's court","content":"209 Proceeding before warden's court\n(1) If, immediately before the commencement day, a proceeding has\nbeen commenced in a warden's court, the proceeding continues\nunder Part XII of the repealed Act as if that Act were still in force.\n(2) However, a warden must:\n(a) take into account any necessary changes because of the\noperation of this Part; and\n(b) must decide the proceeding having regard to the principles for\ntransition mentioned in section 194(2).\nExample for subsection (2)(a)\nThe conversion under section 202(1) of an existing interest to its corresponding\nmineral title.\n","sortOrder":215},{"sectionNumber":"210","sectionType":"section","heading":"Question reserved","content":"210 Question reserved\nThe warden's court may, at any stage of a proceeding mentioned in\nsection 209(1), reserve a question of law for the opinion of the\nSupreme Court, and section 151(a) to (e) of the repealed Act\ncontinues to apply as if the repealed Act were still in force.\n","sortOrder":216},{"sectionNumber":"211","sectionType":"section","heading":"Appeal","content":"211 Appeal\nA person may appeal to the Supreme Court against a decision\nmade in a proceeding mentioned in section 209(1) as if the\nrepealed Act were still in force.\n","sortOrder":217},{"sectionNumber":"212","sectionType":"section","heading":"Application for directions","content":"212 Application for directions\nIf, before the commencement day, a mining registrar had applied to\na warden's court for directions under section 147 of the repealed\nAct and the directions have not been given, the Minister:\n(a) may make a decision about the matter; or\n\nDivision 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nMineral Titles Act 2010 109\n(b) if it is a matter that a regulation specifies must be referred to\nthe Tribunal for a recommendation or decision – must refer the\nmatter to the Tribunal.\n","sortOrder":218},{"sectionNumber":"Subdiv 7","sectionType":"subdivision","heading":"Other matters","content":"Subdivision 7 Other matters\n","sortOrder":219},{"sectionNumber":"213","sectionType":"section","heading":"Mining Trust Fund","content":"213 Mining Trust Fund\n(1) Part XIIIA of the repealed Act continues to operate in relation to\nmoneys paid into the Mining Trust Fund before the commencement\nday as if that Part were still in force.\n(2) However, the Minister may direct the trustee of the Mining Trust\nFund to repay moneys paid by a person under section 174J(1) of\nthe repealed Act (and any interest earned on those moneys) to the\nperson, or the person's assignee, if the Minister is satisfied:\n(a) the moneys are no longer required to be used to pay\ncompensation for the effect of an act on native title; and\n(b) none of the circumstances mentioned in section 174K(1) of\nthe repealed Act applies in relation to the act mentioned in\nparagraph (a).\n(3) The Minister may direct the trustee of the Mining Trust Fund to\nclose the Trust Fund when it no longer holds any moneys paid into\nthe Trust Fund under the repealed Act.\n","sortOrder":220},{"sectionNumber":"214","sectionType":"section","heading":"Reserved land","content":"214 Reserved land\n(1) Land reserved under section 178(1) of the repealed Act is taken to\nbe general reserved land that is reserved from exploration for, and\nextraction of, minerals and extractive minerals generally.\n(2) Land comprised of blocks reserved under section 15 of the\nrepealed Act is taken to be general reserved land that is reserved\nfrom exploration for minerals.\nDivision 2 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n","sortOrder":221},{"sectionNumber":"215","sectionType":"section","heading":"Application made to former Tribunal","content":"215 Application made to former Tribunal\n(1) This section applies if, before the commencement:\n(a) a person had made an application to the former Tribunal\nunder section 161(1) or (2); and\n\nDivision 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nMineral Titles Act 2010 110\n(b) the former Tribunal had not decided the application.\n(2) The former Tribunal must continue to deal with the application in\naccordance with the former legislation.\ncommencement means the commencement of Part 13 of the\nNorthern Territory Civil and Administrative Tribunal (Conferral of\nJurisdiction Amendments) (No. 2) Act 2014.\nformer legislation means the following as in force immediately\nbefore the commencement:\n(a) this Act;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\nformer Tribunal means the Lands, Planning and Mining Tribunal\nas in existence under the Lands, Planning and Mining Tribunal\nAct 1998 immediately before the commencement of the Northern\nTerritory Civil and Administrative Tribunal Act 2014.\n\nMineral Titles Act 2010 111\nsection 195\nMining Act 1980 Act No. 15 of 1982\nMining Act 1980 Amendment Act (No. 2) 1981 Act No. 17 of 1982\nMining Act 1980 Amendment Act 1982 Act No. 18 of 1982\nMining Amendment Act 1983 Act No. 28 of 1983\nMining Amendment Act 1984 Act No. 45 of 1984\nMining Amendment Act 1985 Act No. 63 of 1985\nMining Amendment Act 1988 Act No. 15 of 1988\nMining Amendment Act 1989 Act No. 10 of 1989\nMining Amendment Act 1991 Act No. 27 of 1991\nMining Amendment Act (No. 2) 1991 Act No. 47 of 1991\nMining Amendment Act 1992 Act No. 15 of 1992\nMining Amendment Act (No. 2) 1992 Act No. 49 of 1992\nMining Amendment Act 1993 Act No. 25 of 1993\nMining Amendment Act 1994 Act No. 1 of 1994\nMining Amendment Act (No. 2) 1994 Act No. 26 of 1994\nMining Amendment Act 1996 Act No. 10 of 1996\nMining Amendment Act (No. 2) 1997 Act No. 15 of 1997\nMining Amendment Act 1998 Act No. 21 of 1998\nMining Amendment Act (No. 2) 1998 Act No. 52 of 1998\nMining Amendment Act (No. 3) 1998 Act No. 97 of 1998\nMining Amendment Act 1999 Act No. 54 of 1999\nMining Amendment Act 2000 Act No. 30 of 2000\nMining Amendment Act 2001 Act No. 44 of 2001\n\nMineral Titles Act 2010 112\nMining Amendment Act 2002 Act No. 30 of 2002\nMining Amendment Act 2004 Act No. 16 of 2004\n\nMineral Titles Act 2010 113\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nMineral Titles Act 2010 (Act No. 27, 2010)\nAssent date 9 September 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nStatute Law (Miscellaneous Provisions) Act 2011 (Act No. 44, 2011)\nAssent date 21 December 2011\nCommenced 27 January 2012 ((other than amdts to Darwin Port\nCorporation Act and Marine Act listed in the Sch to Act) Gaz\nS3, 27 January 2012))\nLocal Government Amendment Act 2014 (Act No. 19, 20114)\nAssent date 2 June 2014\nCommenced s 16: 1 July 2014; s 18: 1 December 2014; rem: 2 June 2014\n(s 2)\nNorthern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction\nAmendments) (No. 2) Act 2014 (Act No. 35, 2014)\nAssent date 13 November 2014\nCommenced pts 4, 9, 10 and 19: 1 June 2015 (Gaz S53, 29 May 2015,\np 2); rem: 1 January 2015 (Gaz G51, 24 December 2014, p 7)\nLocal Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (Gaz S34, 29 April 2016)\nWater Legislation Amendment Act 2018 (Act No. 29, 2018)\nAssent date 4 December 2018\nCommenced 31 December 2018 (Gaz S107, 17 December 2018)\n\nMineral Titles Act 2010 114\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz G27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020\nEnvironment Protection Legislation Amendment Act 2023 (Act No. 34, 2023)\nAssent date 6 December 2023\nCommenced pt 1, pt 3, div 1, ss 207 and 219 and pt 5: 7 December 2023\n(s 2(1)); pt 3, div 2: 1 March 2024 (s 2(2), s 2 Environment\nProtection Legislation Amendment (Chain of Responsibility)\nAct 2022 (Act No. 32, 2022) and (Gaz G4, 15 February 2024,\np 1); pt 4: 1 July 2024 (Gaz G4, 15 February 2024, p 2);\nrem: 1 March 2024 (Gaz G4, 15 February 2024, p 2)\nLegacy Mines Remediation Act 2023 (Act No. 35, 2023)\nAssent date 6 December 2023\nCommenced 1 July 2024 (Gaz G10, 9 May 2024, p 1)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 8, 9, 14, 15, 19, 31, 73,\n76, 81, 82, 88, 94, 98, 103, 107, 125, 129, 136, 158, 161, 162, 184, 193, 202,\n204 and 215.\n4 LIST OF AMENDMENTS\ns 4 amd No. 34, 2023, s 208\ns 8 amd No. 44, 2011, s 27; No. 19, 2014, s 26; No. 35, 2014, s 73; No. 39,\n2019, s 370; No. 34, 2023, s 209\ns 11 amd No. 3, 2026, s 64\ns 13 amd No. 34, 2023, s 210\ns 31 amd No. 29, 2018, s 53, No. 26, 2020, s 3\ns 41 amd No. 34, 2023, s 211\ns 45 amd No. 34, 2023, s 212\ns 47 amd No. 34, 2023, s 213\n\nMineral Titles Act 2010 115\ns 49 amd No. 44, 2011, s 27\ns 64A ins No. 35, 2023, s 34\ns 70A ins No. 34, 2023, s 214\ns 78 amd No. 35, 2014, s 74\npt 5\ndiv 2A hdg ins No. 34, 2023, s 215\ns 79A ins No. 34, 2023, s 215\ns 81 amd No. 29, 2018, s 54\ns 82 amd No. 29, 2018, s 55\ns 88 amd No. 39, 2019, s 370\ns 94 amd No. 44, 2011, s 27; No. 34, 2023, s 216\ns 103 amd No. 34, 2023, s 217\ns 110 amd No. 35, 2014, s 75\ns 125 amd No. 3, 2026, s 64\ns 145 amd No. 9, 2016, s 116\ns 148 amd No. 9, 2016, s 117\ns 161 amd No. 35, 2014, s 76\ns 162 amd No. 35, 2014, s 77\ns 184 amd No. 9, 2016, s 118\ns 186 amd No. 34, 2023, s 218\ns 186 amd No. 34, 2023, s 219\ns 192 exp No. 27, 2010, s 192(5)\npt 12 hdg sub No. 35, 2014, s 78\ndiv 1 hdg sub No. 35, 2014, s 78\ndiv 1\nsdiv 1 hdg ins No. 35, 2014, s 78\ndiv 2 hdg amd No. 35, 2014, s 79\ndiv 3 hdg amd No. 35, 2014, s 80\ndiv 4 hdg amd No. 35, 2014, s 81\ndiv 5 hdg amd No. 35, 2014, s 82\ndiv 6 hdg amd No. 35, 2014, s 83\ndiv 7 hdg amd No. 35, 2014, s 84\ndiv 2 hdg ins No. 35, 2014, s 85\ns 215 ins No. 35, 2014, s 85","sortOrder":222}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":825},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a comprehensive mining and mineral titles framework. The 2026 version shows amendments primarily for machinery purposes (updating references to other Acts, inserting new sections on mining security notices, fit and proper person tests) rather than expansion into new policy areas. The core structure from 2010 remains intact."},"complexity_factors":["191 sections across 12 Parts with multiple Divisions and Subdivisions","47 defined terms in section 8 alone, with extensive cross-referencing to other Acts (ALRA, NTA, Environment Protection Act 2019, etc.)","Six different types of mineral titles (EL, ELR, ML, EMEL, EMP, EML, MA) each with distinct application processes, conditions, and renewal rules","Nested conditional logic throughout – e.g., section 29 on EL reductions has multiple exceptions to exceptions (mandatory reduction unless Minister decides otherwise, with further deferral possibilities)","Extensive transitional provisions in Part 12 dealing with conversion of old mining interests, non-compliant titles, and ongoing warden's court proceedings","Criminal liability provisions with multiple layers: individual liability, corporate liability, executive officer liability, partnership liability, and unincorporated association liability (sections 155-160)","Compensation scheme with mandatory negotiation, mediation, and Tribunal appeal pathways (sections 107-111)","Reserved land mechanisms with special and general categories, each with different procedural requirements for reservation and revocation","Detailed enforcement powers for authorised officers including warrantless search and seizure (sections 178-179)","Multiple interlocking requirements for Aboriginal land and native title land involving federal legislation compliance"],"plain_english_summary":"This is the **Northern Territory's main law governing mining and mineral exploration**. It sets up a comprehensive system for granting and regulating licences to explore for, extract, and process minerals and extractive minerals (like sand and gravel).\n\n**What it does:**\n- **Creates different types of mining licences** depending on what you want to do and how serious the operation is:\n  - **Exploration licences (EL)** – for searching and testing (up to 6 years, must reduce land area over time)\n  - **Exploration licences in retention (ELR)** – for when you've found something promising but can't mine it yet commercially (up to 5 years)\n  - **Mineral leases (ML)** – for actual mining operations\n  - **Extractive mineral permits (EMP)** – for surface-only extraction of materials like sand and gravel\n  - **Extractive mineral leases (EML)** – for larger extractive mineral operations\n  - **Mineral authorities (MA)** – special licences for reserved land\n\n- **Sets up a public register** to track who holds what rights and any transfers or dealings\n\n- **Establishes rules for compensation** – landowners must be paid for damage caused by mining activities\n\n- **Creates offences and penalties** for mining without a licence, breaching licence conditions, or interfering with lawful mining operations\n\n- **Allows recreational fossicking** (casual gold panning and gem hunting) in designated areas\n\n- **Protects Aboriginal land and native title rights** – special consent requirements apply, and the Act operates alongside federal Aboriginal land rights and native title laws\n\n- **Includes transitional arrangements** to convert old mining licences from the repealed 1980 Mining Act\n\n**Who it affects:**\n- Mining companies and exploration companies\n- Landowners (including pastoralists, Aboriginal land trusts, and private property owners)\n- Recreational fossickers\n- The NT Government (which grants licences and enforces conditions)\n\n**Why it matters:**\nThis Act balances encouraging mining investment with protecting landowner rights, Aboriginal interests, and the environment. It creates a transparent, regulated system where companies can't just dig wherever they want – they need proper licences, must meet conditions, and must compensate those affected."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s current text (as supplied) shows scope beyond the simple grant-and-regulate framework stated at s3 by incorporating explicit operational linkages and new subject-matter since original enactment. Notable scope additions or integrations in the text include: (1) explicit operational interaction with the Environment Protection Act 2019 (s4(2)) and a statutory notice process tied to accepted mining security under that Act (s79A); (2) new provisions addressing legacy reserved mine sites (s64A) and prescribed-substance mining governed by Commonwealth arrangements and advice (s186–s187); (3) an express statutory fit-and-proper-person criterion for title holders (s70A); and (4) expanded transitional conversion and non-compliance pathways for pre-existing interests (Part 12, especially s202–s205). These provisions broaden the Act’s practical scope by embedding environmental licensing coordination, Commonwealth-prescribed-substance rules, additional protective measures for reserved lands and legacy sites, and a detailed conversion regime for prior mining interests."},"complexity_factors":["Multiple, legally distinct title types with different rights, terms and procedures (EL, ELR, ML, EMEL, EMP, EML, MA) (see s11, s26, s34, s40, s46, s50, s54)","Extensive procedural requirements for applications, notices, public advertising, objections and Tribunal involvement (see s27, s66, s71–s78, s161)","High degree of Ministerial discretion over grant, conditions, variations, cancellations and reservations with delegated decision pathways (see s100, s105, s112, s170)","Interlocking obligations with other laws (Environment Protection Act 2019, Water Act, ALRA, NTA, Atomic Energy Act) that create multi-agency coordination needs (see s4(1)–(2), s186–s187)","Ongoing compliance and reporting obligations (technical work programs, annual and production reports, surveys) and enforcement oversight by authorised officers (see s13, s94, s76, s177–s178)","Complex compensation, security and forfeiture regimes (security for compensation, compensation claims, seizure and forfeiture of unlawfully extracted minerals) (see s106–s111, s179–s184)","Register, transfer and priority mechanics for mineral rights interests and caveats with formal registration rules (see s121–s131, s122–s126)","Transitional conversion of many pre-existing interests and non-compliant titles with bespoke conversion and regulatory paths (see Part 12, s202–s205)"],"plain_english_summary":"# What this Act does, who it affects, and how it works\n\n- What it sets up mechanically\n  - The Act creates a statutory system for granting and regulating mineral titles over Territory land. \"Mineral titles\" include exploration licences (EL), exploration licences in retention (ELR), mineral leases (ML), extractive mineral exploration licences (EMEL), extractive mineral permits (EMP), extractive mineral leases (EML) and mineral authorities (MA) (see s11; specific titles: s26, s34, s40, s46, s50, s54, s118).  \n  - Each title gives specified rights to occupy a defined \"title area\" and to carry out authorised activities (for example exclusive rights to explore or to mine) for a stated term and subject to conditions (see s26(1), s34(3), s40(1), s50(1), s54(1), s85).  \n  - Applications must include prescribed information (for example block descriptions and a technical work program) and are processed under the Act’s decision rules, public notice and objection procedures (see s27(2), s33(3), s41(2), s66, s71–s78).  \n  - The Minister decides grants, renewals, variations and cancellations and may impose or vary conditions, require security and accept surrenders (see s78, s100, s105, s106). Ministerial decisions must be given in writing and reasons provided for refusals (see s166).  \n\n- Official rationale stated in the Act\n  - The Act’s stated objects are to establish a framework for mineral titles, facilitate commercialisation by permitting the creation and transfer of interests, and authorise certain related activities without titles (see s3).  \n\n- How the Act changes incentives and behaviour (mechanisms, costs and decision drivers)\n  - Who pays and who bears costs: Applicants and title holders pay fees, rent, may give security, and must pay royalties or compensation where required (see s95, s67, s106, s96, s107–s111). A title holder who breaches conditions can be subject to penalties, rehabilitation costs or cancellation (see s147–s154, s172, s172–s174, s105).  \n  - Who decides: The Minister holds primary decision power over grants, conditions, reservations and cancellations and may delegate many functions to the CEO or authorised public servants (see s165, s170). The Tribunal has a role for hearings and review in specified cases (see s78(2)(d), s161).  \n  - Compliance and information burden: Holders must give technical work programs, annual reports and other prescribed reports, notify landowners and the Minister of discoveries and findings, and allow authorised officer inspections (see s13, s32(1)(d), s94, s66, s89, s177–s178). These requirements create ongoing administrative and record-keeping costs.  \n  - Landowner interactions and consent: Entry for preliminary exploration, fossicking, and access authorities often requires notice or written consent from landowners, with a constructed rule that silence after notice may count as consent in some cases (constructive consent) (see Part 2 generally; s21; s168). These rules move private landholders to a position where providing or withholding consent and negotiating compensation are central behaviours.  \n  - Exclusivity and commercial rights: A granted title confers exclusive rights to explore or mine in the title area and the exclusive ability to apply for downstream titles (for example EL → ML) which concentrates potential economic benefits in title holders (see s26(1)(b)–(c), s34(3)(c), s40(1)(b)). Transfer, registration and priority rules require Ministerial approval and formal registration of dealings (see s97, s122–s125).  \n\n- Trade-offs, implementation risks and administrative discretion\n  - Discretion: The Minister’s broad discretions to grant, vary, refuse or cancel titles, and to require security or conditions, centralise decision-making (see s100, s105, s106, s77). That discretion reduces contractual certainty until titles are granted and can create administrative delay or reworking of proposals.  \n  - Environmental and licensing overlap: The Act is explicitly subject to other Territory and Commonwealth Acts (for example the Environment Protection Act 2019 and native title/ALRA matters) and it includes procedural links to environmental licensing (see s4(1)–(2), s79A). This layering increases procedural steps and coordination risk between agencies.  \n  - Compliance burden vs market access: Reporting, surveys, approvals (including surveys by licensed surveyors for larger title areas), consultation with landowners, public notices and potential Tribunal referrals all add transaction costs that applicants must bear before gaining exclusive rights (see s76, s66, s71–s72, s78).  \n  - Compensation and security: The Act requires title holders to pay compensation for damage to land and improvements (s107) and allows the Minister to require security (s106). These mechanisms shift some financial risk to title holders but also create complexity in calculating liabilities and holding security.  \n\n- Effects on private enterprise, competition and property use\n  - Private enterprise: Titles grant exclusivity that supports commercial investment (right to occupy, exclusive exploration/mining, right to construct access and roads) but that exclusivity is conditional on compliance with technical work programs, environmental and other statutory obligations (see s26, s83, s31, s32, s45).  \n  - Competition: The Minister may limit overlapping applications and refuse grants where they would be incompatible with existing title activity (see s78(5)). This creates a gatekeeping role that shapes who can operate and when.  \n  - Transfer and financing: Mineral rights interests must be created and transferred by instrument and registered; registration gives priority between dealings which supports commercial transactions, but transfers require Ministerial approval (see s122–s126, s123).  \n\n- Specific practical points a reader should note\n  - Preliminary exploration and fossicking are permitted in defined ways without full titles but are subject to notice and consent rules depending on land type (see Part 2 and Part 8).  \n  - Mining rights include water and road access subject to the Water Act and road-control statutes (see s81 note; s83; s4(1) examples).  \n  - Enforcement tools include authorised officers with inspection and limited warrantless search and seizure powers where offences are reasonably suspected (see s178–s179) and criminal and civil penalties for a range of contraventions (see Part 9).  \n  - Transitional arrangements convert a range of pre-existing mining interests into the Act’s titles and provide processes for non-compliant legacy interests (see Part 12, especially s202–s205)."}},"importantCases":[],"_links":{"self":"/api/acts/mineral-titles-act-2010","history":"/api/acts/mineral-titles-act-2010/history","analysis":"/api/acts/mineral-titles-act-2010/analysis","conflicts":"/api/acts/mineral-titles-act-2010/conflicts","importantCases":"/api/acts/mineral-titles-act-2010/important-cases","documents":"/api/acts/mineral-titles-act-2010/documents"}}