{"id":"mineral-titles-regulations-2011","name":"MINERAL TITLES REGULATIONS 2011","slug":"mineral-titles-regulations-2011","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177011,"registerId":"nt-mineral-titles-regulations-2011-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Citation","content":"1 Citation\nThese Regulations may be cited as the Mineral Titles\nRegulations 2011.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThese Regulations commence on the commencement of the\nMineral Titles Act 2010.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn these Regulations:\nadministration fee, for a mineral title, means the administration fee\nmentioned in regulation 77(3).\nairborne survey report means a report required to be given under\nregulation 9.\namalgamated report means a report required to be given under\nregulation 87(6).\nannual report means the report mentioned in section 94(2)(a) of\napproved airborne survey, in relation to preliminary exploration,\nmeans an airborne geoscientific survey approved under\nregulation 6(3)(a).\nboundary marker, see regulation 38(1).\nconverted mineral title, for Part 12, means a mineral title\nconverted under section 202(1) of the Act to a mineral title\nmentioned in column 2 of the table in that subsection.\n\nMineral Titles Regulations 2011 2\ndesignation of an ELR means the designation of an EL as an ELR\nunder section 34 of the Act.\ndevelopment title means an ML, EMP or EML.\nearlier applicant, for Part 4, Division 3, means the person who\nmade the earlier application relating to the existing proposed title\nexisting proposed title area, for Part 4, Division 3, see\nsection 65(4) of the Act.\nexisting title area, for Part 4, Division 3, see section 65(4) of the\nAct.\nexpenditure condition, for an EL or ELR, means the condition in\nsection 32(2)(a)(ii) of the Act, that the title holder must carry out\ntechnical work in accordance with the expenditure requirements\nspecified in the title.\nexploration title, for Part 6, Division 1, means an EL or EMEL.\nfinal report means a report mentioned in section 94(2)(e) of the\nAct.\nfossicking notice, see regulation 100(2).\nfossicking request, see regulation 103(2).\ngeological sample means any geological sample recovered from a\ntitle area, including drill core and cuttings.\nlate lodgment fee means a fee payable under regulation 131(2).\nlate lodgment period means the late lodgment period mentioned\nin regulation 131(2).\nlicensed surveyor, see section 4 of the Licensed Surveyors\nAct 1983.\noccupation right, for Part 6, Division 1, means the right of a title\nholder, mentioned in section 80(1) of the Act, to enter and occupy\nland in the title area to conduct authorised activities under the title.\noverlapping land, for Part 6, Division 1, means:\n(a) land in the title area of a mineral title that also comprises all or\npart of the title area of a mineral title held by another person;\nor\n\nMineral Titles Regulations 2011 3\n(b) in relation only to the title area of an exploration title – land in\nthe title area that also comprises all or part of the proposed\ntitle area specified in an application made by another person\nfor the designation of an ELR or the grant of a development\npreliminary exploration notice, see regulation 16(2).\npreliminary exploration request, see regulation 18(2).\nproduction report means the report mentioned in section 94(2)(c)\nproject area, see regulation 80(1).\nrelevant land, for:\n(a) Part 2, Division 2 – see regulation 11; or\n(b) Part 9 – see regulation 98.\nrelevant person, for Part 3, Division 2, see regulation 36.\nrent, for a mineral title, means the rent mentioned in\nregulation 77(1).\nreporting day, for a particular report, means the day in a 12 month\nperiod on or before which a person must give the report to the\nreserves report means the report mentioned in section 94(2)(d) of\nreviewable decision, see regulation 114(2).\nspecified person, for:\n(a) Part 2, Division 2 – see regulation 12; or\n(b) Part 9 – see regulation 99.\nsurvey, of an area of land, includes marking out the boundaries of\nthe area.\nsurvey area, see regulation 36.\ntechnical work, in relation to expenditure under an EL or ELR,\nmeans the work mentioned in section 32(2)(a) of the Act.\ntown boundary means a boundary of a town constituted and\ndefined under section 95(1) of the Crown Lands Act 1992.\n\nMineral Titles Regulations 2011 4\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Regulations to MA","content":"4 Application of Regulations to MA\nUnless specified otherwise, a reference in these Regulations to an\nEL, ELR, ML, EMEL, EMP or EML includes a reference to the MA\nthat corresponds to that mineral title.\n","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Technical work programs – additional information","content":"4A Technical work programs – additional information\n(1) For section 13 of the Act, a technical work program for an EL may\n(a) the geological basis for selection of the proposed title area of\nthe EL, including the minerals to be explored for;\n(b) maps to support the geological basis for the selection of the\nproposed title area of the EL, including the geological\nformations to be explored;\n(c) the proposed method of exploration;\n(d) details of any previous exploration undertaken in the proposed\ntitle area of the EL, including any minerals identified in the\nproposed title area;\n(e) the timing of the activities proposed to be carried out;\n(f) information on the data to be collected in carrying out the\nactivities.\n(2) For section 13 of the Act, a technical work program for an ELR may\n(a) details of the ore body or anomalous zone of possible\neconomic potential found in the proposed title area of the ELR,\nincluding any model or calculation of the mineral resource;\n(b) a rationale explaining:\n(i) why mining minerals in the proposed title area of the\nELR is not currently commercially viable; or\n(ii) what further work is required to assess the commercial\nviability of mining minerals in the proposed title area of\nthe ELR.\n\nMineral Titles Regulations 2011 5\n(3) For section 13 of the Act, a technical work program for an ML may\n(a) details of the ore body or anomalous zone of possible\neconomic potential found in the proposed title area of the ML,\nincluding any model or calculation of the mineral resource;\n(b) maps, cross-sections and diagrams showing:\n(i) the geology of the proposed title area of the ML; and\n(ii) the resource areas in the proposed title area of the ML,\nand their resource classification; and\n(iii) the ore-reserve areas of the proposed title area of the\nML and their ore-reserve classification;\n(c) details of any mining feasibility studies undertaken in the\nproposed title area of the ML;\n(d) the timing of the likely commencement of mining;\n(e) the proposed method of mining;\n(f) the proposed program of works;\n(g) details of the proposed infrastructure requirements.\n","sortOrder":4},{"sectionNumber":"4B","sectionType":"section","heading":"Prescribed mineral title and prescribed interest","content":"4B Prescribed mineral title and prescribed interest\n(1) For section 79A of the Act the following mineral titles are\n(a) an EL;\n(b) an ELR;\n(c) an ML;\n(d) an EMEL;\n(e) an EMP;\n(f) an EML;\n(g) an MA.\n(2) For section 79A of the Act the following interests are prescribed:\n(a) a non-compliant existing interest as defined in section 204(1)\nof the Act;\n\nMineral Titles Regulations 2011 6\n(b) the special mineral lease granted under the Mining (Gove\nPeninsula Nabalco Agreement) Act 1968;\n(c) a mineral lease or exploration licence validated or granted\nunder the McArthur River Project Agreement Ratification\nAct 1992.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Giving documents","content":"5 Giving documents\n(1) If a person is required by or under the Act to give a document to an\nindividual or body (the recipient), the person may do so:\n(a) in a way mentioned in section 25 of the Interpretation\nAct 1978; or\n(b) by sending the document by an electronic communication as\ndefined in section 5 of the Electronic Transactions (Northern\nTerritory) Act 2000.\n(2) If the person does not know the name or address of the recipient:\n(a) the person may, with the Minister's approval, publish the\ndocument at least 3 times at intervals of at least 7 days in a\nnewspaper circulating in the Territory; and\n(b) the recipient is taken to have been given the document.\n(3) However, the person is not required to publish the document\n3 times if the recipient contacts the person about the document\nafter the first or second publication.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Application for approval of airborne geoscientific survey","content":"6 Application for approval of airborne geoscientific survey\n(1) For section 17(3)(b) of the Act, a person who intends to conduct an\nairborne geoscientific survey for the preliminary exploration of land\n(an airborne survey) must apply for approval to do so.\n(2) The application must:\n(a) be made in the approved form to the Minister; and\n(b) specify the date on which the person intends to start the\nairborne survey (which must be more than 30 days after the\ndate on which the application is made); and\n\nMineral Titles Regulations 2011 7\n(c) include a description or map that clearly indicates the location\nand boundaries of the land; and\n(d) if it will be necessary to land the aircraft on the land when\nconducting the airborne survey – specify the reasons for, and\nany other relevant information about, the landing.\n(3) The Minister must give the person:\n(a) a notice of approval for the airborne survey, with effect for the\nperiod specified in the notice (which must not be more than\n6 months); or\n(b) a notice refusing to approve the airborne survey if the Minister\nis satisfied there are circumstances to justify the refusal.\n(4) A notice of approval may include conditions the Minister considers\nappropriate, including any of the following:\n(a) the person must give written notice of the approved airborne\nsurvey and information about the survey, as specified in the\nnotice of approval, to:\n(i) if the land is in a title area – the title holder; or\n(ii) otherwise – the landowner or occupier, as specified in\nthe notice;\n(b) if it will be necessary to land the aircraft on the land when\nconducting the airborne survey – the person given approval\nmust obtain consent to the landing from the title holder,\nlandowner or occupier of the land.\n(5) A notice of approval must include a statement about the\nrequirement in subregulation (6).\n(6) If the person given a notice of approval does not conduct the\napproved airborne survey within the period the notice has effect,\nthe person must give the Minister a notice of that fact within\n14 days after the end of the period.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"No airborne survey without approval","content":"7 No airborne survey without approval\n(1) A person must not conduct an airborne geoscientific survey that is\nnot an approved airborne survey.\nMaximum penalty: 100 penalty units.\n\nMineral Titles Regulations 2011 8\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Compliance with notice of approval of airborne survey","content":"8 Compliance with notice of approval of airborne survey\n(1) A person who conducts an approved airborne survey must comply\nwith the notice of approval for the survey.\nMaximum penalty: 100 penalty units.\n(3) It is a defence to a prosecution for an offence against\nsubregulation (1) if the defendant establishes a reasonable excuse.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Airborne survey report","content":"9 Airborne survey report\n(1) A person who conducts an approved airborne survey must give the\nMinister a written report about the survey within 12 months after the\nnotice of approval for the survey is given.\n(2) The airborne survey report must contain the following information:\n(a) the specifications of the approved airborne survey and of the\nequipment used for conducting the survey;\n(b) the geophysical data, hyperspectral data, navigation data and\ndetails of all data processing;\n(c) any interpretations or conclusions made about the land\nsurveyed;\n(d) the expenditure for conducting the survey.\n(3) If a person owns the copyright in any of the information contained in\nthe airborne survey report, the person giving the report must\ncomply with regulation 126.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Release or publication of information contained in airborne","content":"10 Release or publication of information contained in airborne\nsurvey report\n(1) This regulation applies to the release or publication by the Minister\nof information about land contained in an airborne survey report.\n(2) The Minister may release or publish the information at any time\nfollowing the expiry of 6 months after the reporting day for the\nreport if, on the day of the release or publication, the land:\n(a) is not in the title area of a mineral title held by the person who\nconducted the approved airborne survey (the explorer); or\n\nMineral Titles Regulations 2011 9\n(b) is not in the proposed title area of an application made by the\nexplorer.\n(3) The Minister may release or publish the information at any time\nfollowing the expiry of 5 years after the reporting day for the report\nif, on the day of the release or publication, the land:\n(a) is in the title area of a mineral title held by the explorer; or\n(b) is in the proposed title area of an application made by the\nexplorer.\n(4) The Minister may release or publish the information at any time\nafter the land:\n(a) is no longer in the title area of a mineral title held by the\nexplorer because:\n(i) the title has been cancelled for the land; or\n(ii) the explorer has surrendered the land; or\n(b) is no longer in the proposed title area of an application for the\ngrant of a mineral title made by the explorer because:\n(i) the explorer withdrew the application or varied the\napplication to exclude part of the land; or\n(ii) the Minister refused to grant the title for the land.\n(5) The Minister may release or publish the information earlier than is\nspecified in subregulation (2), (3) or (4) if the explorer gives written\nconsent to the earlier release or publication.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Meaning of relevant land","content":"11 Meaning of relevant land\n(1) Relevant land, for a preliminary exploration notice, is:\n(a) any of the following land, as mentioned in section 19 or 20 of\nthe Act:\n(i) vacant Crown land in relation to which a person holds a\nlicence granted under Part 7 of the Crown Lands\nAct 1992;\n(ii) pastoral land or native title land; or\n\nMineral Titles Regulations 2011 10\n(b) in a circumstance mentioned in regulation 14(2)(a) or (b) –\nland in the title area of an EL or EMEL.\n(2) Relevant land, for a preliminary exploration request, is:\n(a) any of the following land, as mentioned in section 21(1) of the\nAct:\n(i) reserved land;\n(ii) private land, Aboriginal land, an Aboriginal community\nliving area or a park or reserve; or\n(b) in a circumstance mentioned in regulation 14(3)(a) or (b) –\nland in the title area of an EL or EMEL.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of specified person","content":"12 Meaning of specified person\n(1) The specified person, for a preliminary exploration notice for\nrelevant land, is:\n(a) for land mentioned in regulation 11(1)(a)(i) – the licence\nholder; or\n(b) for land mentioned in regulation 11(1)(a)(ii):\n(c) for land in a title area mentioned in regulation 11(1)(b) – the\nholder of the EL or EMEL.\n(2) The specified person, for a preliminary exploration request for\nrelevant land, is:\n(a) for land mentioned in regulation 11(2)(a)(i) – the Minister; or\n(b) for land mentioned in regulation 11(2)(a)(ii) – the landowner;\nor\n(c) for land mentioned in regulation 11(2)(b) – the holder of the EL\nor EMEL.\n","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Application of Division","content":"13 Application of Division\nThis Division does not apply to an approved airborne survey.\n\nMineral Titles Regulations 2011 11\n","sortOrder":14},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"Requirements for notices, consent and entry onto","content":"Subdivision 2 Requirements for notices, consent and entry onto\nrelevant land\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Preliminary exploration in title areas","content":"14 Preliminary exploration in title areas\n(1) For section 22(1) of the Act, this regulation prescribes the\nentitlement of a person to conduct preliminary exploration in the title\narea of a mineral title held by another person.\n(2) The person may conduct preliminary exploration in the following\ncircumstances only after giving the title holder notice of the person's\nintention to do so:\n(a) the mineral title is an EL and the preliminary exploration is for\nextractive minerals;\n(b) the mineral title is an EMEL and the preliminary exploration is\nfor minerals.\n(3) The person may conduct preliminary exploration in the following\ncircumstances only with the written consent of the title holder:\n(a) the mineral title is an EL and the preliminary exploration is for\nminerals;\n(b) the mineral title is an EMEL and the preliminary exploration is\nfor extractive minerals.\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Preliminary exploration in proposed title area of EL or EMEL","content":"15 Preliminary exploration in proposed title area of EL or EMEL\nFor section 22(2)(b) of the Act, a person may conduct preliminary\nexploration for minerals or extractive minerals in the proposed title\narea of an EL or EMEL without:\n(a) giving notice to the applicant for the grant of the EL or EMEL\nof the person's intention to do so; or\n(b) obtaining the applicant's consent to enter the proposed title\n\nMineral Titles Regulations 2011 12\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Requirement to give notice of intention to conduct preliminary","content":"16 Requirement to give notice of intention to conduct preliminary\nexploration\n(1) This regulation applies if a person intends to conduct preliminary\nexploration on relevant land and is required by the Act or these\nRegulations to give notice of the intention, or take all reasonable\nsteps to give notice of the intention, to the specified person for the\nRegulation 18 applies if consent to the preliminary exploration is required.\n(2) The person must give the specified person a notice (a preliminary\nexploration notice) at least 14 days before entering the relevant\nland to start the preliminary exploration.\n(3) The preliminary exploration notice must include the following:\n(a) a statement that the person intends to conduct preliminary\nexploration on the relevant land;\n(b) a description or map of the relevant land that clearly indicates\nits location and boundaries;\n(c) the name and full contact details of:\n(i) the person; and\n(ii) if applicable – the person who will be in charge of the\npreliminary exploration and any others who will be\nengaged to conduct the preliminary exploration;\n(d) the number of people who will be entering the relevant land to\nconduct the preliminary exploration;\n(e) a brief description of the nature of the preliminary exploration;\n(f) the equipment to be used in conducting the preliminary\nexploration;\n(g) the date of intended entry onto the relevant land to start the\npreliminary exploration (which must be at least 14 days after\nthe date on which the notice is given);\n(h) any requirements for entry;\n(i) an estimate of the duration of the preliminary exploration.\n\nMineral Titles Regulations 2011 13\n(4) Regardless of the date of entry specified in the preliminary\nexploration notice, the specified person may agree to an earlier\nentry date.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Pastoral land and native title land – notice to occupier on entry","content":"17 Pastoral land and native title land – notice to occupier on entry\n(1) This regulation applies if a person enters pastoral land or native title\nland after giving the landowner a preliminary exploration notice (or\ntaking all reasonable steps to do so) because, when the notice was\ngiven:\n(a) the person could not locate the occupier of the land; or\n(b) there was no occupier.\n(2) As soon as practicable after entering the land, the person must:\n(a) give the occupier notice of the entry and start of preliminary\nexploration; or\n(b) take all reasonable steps to do so.\n(3) However, the person need not comply with subregulation (2) if:\n(a) the person is still unable to locate the occupier; or\n(b) there is still no occupier; or\n(c) it is impractical to do so for another reason.\nExample for subregulation (3)(c)\nThe preliminary exploration is to be conducted in a remote area of pastoral land\nat a distance from the occupier's place of residence and it is not necessary to\npass by the residence to reach the area.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Requirement to obtain consent to conduct preliminary","content":"18 Requirement to obtain consent to conduct preliminary\nexploration\n(1) This regulation applies if a person intending to conduct preliminary\nexploration on relevant land is required by the Act or these\nRegulations to obtain the written consent of the specified person for\nthe land.\n(2) The person must give the specified person a notice (a preliminary\nexploration request) at least 14 days before the date of intended\nentry onto the land.\n(3) The preliminary exploration request must include the following:\n(a) a request that the specified person give written consent to the\nentry onto the relevant land to conduct preliminary exploration;\n\nMineral Titles Regulations 2011 14\n(b) the information mentioned in regulation 16(3)(b) to (i);\n(c) if the relevant land is private land or a park or reserve – a\nstatement about the effect of section 168 of the Act if the\nspecified person does not respond to the request.\nNote for subregulation (3)(c)\nBecause of section 4(1) of the Act, the right under section 168 of the Act in\nrelation to Aboriginal land or an Aboriginal Community living area is restricted\nunder other Acts in force in the Territory.\n(4) Regardless of the date of intended entry onto the land specified in\nthe preliminary exploration request, the specified person may\nconsent to an earlier or later entry date.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Refusal of consent","content":"19 Refusal of consent\n(1) The specified person for relevant land may refuse a person's\npreliminary exploration request by written notice to the person,\ngiving reasons for the refusal.\n(2) For section 21(5) of the Act, the specified person may be taken to\nhave unreasonably withheld consent if the preliminary exploration\ndescribed in the preliminary exploration request would not interfere\nsubstantially with the specified person's use of the land.\n(3) If a person has entered relevant land to conduct preliminary\nexploration as authorised by section 168 of the Act, and the\nlandowner subsequently gives the person a notice refusing the\nperson's preliminary exploration request, the person must leave the\nland without delay.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Withdrawal of consent","content":"20 Withdrawal of consent\n(1) The specified person for relevant land who has consented to a\nperson's preliminary exploration request may, by written notice to\nthe person, withdraw the consent if the specified person reasonably\nbelieves:\n(a) the person has contravened requirements or obligations under\nthe Act relating to conducting preliminary exploration on the\nland; or\n(b) the preliminary exploration is interfering substantially with the\nperson's use of the land.\n(2) The specified person must give reasons for the refusal in the notice.\n(3) On receipt of the notice, the person must leave the relevant land\nwithout delay.\n\nMineral Titles Regulations 2011 15\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Offences relating to entry onto relevant land requiring notice","content":"21 Offences relating to entry onto relevant land requiring notice\n(1) A person commits an offence if the person:\n(a) has entered relevant land mentioned in regulation 11(1) to\nconduct preliminary exploration on the land; and\n(b) has not given a preliminary exploration notice to the specified\nperson for the land.\n(2) A person commits an offence if the person:\n(a) has given a preliminary exploration notice to the specified\nperson for relevant land; and\npreliminary exploration notice or as agreed with the specified\nperson.\n(3) Strict liability applies to subregulation (2)(a).\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Offences relating to entry onto or remaining on relevant land","content":"22 Offences relating to entry onto or remaining on relevant land\nrequiring consent\n(1) A person commits an offence if:\nregulation 11(2) to conduct preliminary exploration on the\nland; and\n(b) the specified person for the land:\n(i) has given the person a notice of refusal under\nregulation 19(1); or\n(ii) has not responded to the person's preliminary\nexploration request.\n(2) However, a person does not commit an offence against\nsubregulation (1) if:\n(a) the relevant land is private land or a park or reserve; and\n(b) the landowner has not responded to the person's preliminary\nexploration request; and\n\nMineral Titles Regulations 2011 16\n(c) the person has entered the land as authorised by section 168\n(3) A person commits an offence if:\nregulation 11(2) to conduct preliminary exploration on the\nland; and\n(b) the specified person for the land has given the person:\n(i) a notice of refusal under regulation 19(1) after the\nperson's entry is authorised by section 168 of the Act; or\n(ii) a notice under regulation 20(1) withdrawing consent to\nthe person's preliminary exploration request; and\n(c) the person does not leave the relevant land without delay.\n(4) A person commits an offence if the person:\n(a) has been given a notice by the specified person for relevant\nland consenting to the person's preliminary exploration\nrequest; and\nrequest or as agreed with the specified person.\n(5) Strict liability applies to subregulations (1)(b)(i) and (4)(a).\n","sortOrder":24},{"sectionNumber":"23","sectionType":"section","heading":"Documents required to be in person's possession","content":"23 Documents required to be in person's possession\n(1) For section 24(4) of the Act, a person conducting preliminary\nexploration on relevant land must have in the person's possession\nthe following documents:\n(a) photographic identification of the person;\n(b) in relation to relevant land mentioned in regulation 11(1) –\nproof that the person:\n(i) gave a preliminary exploration notice to the specified\nperson for the land; or\n(ii) if the land is pastoral land or native title land – took all\nreasonable steps to do so;\n\nMineral Titles Regulations 2011 17\n(c) in relation to relevant land mentioned in regulation 11(2):\n(i) if the specified person for the land consented to the\nperson's preliminary exploration request – the document\ngiving consent; or\n(ii) if the person has entered the land as authorised by\nsection 168 of the Act – proof that the person gave a\npreliminary exploration request to the landowner.\n(2) The person must show the documents to any of the following\npersons who ask to see them:\n(a) the occupier or landowner of the relevant land;\n(b) if the relevant land is in the title area of a mineral title – the title\n(c) an authorised officer or police officer.\nMaximum penalty: 20 penalty units.\n(3) An offence against subregulation (2) is an offence of strict liability.\n","sortOrder":25},{"sectionNumber":"24","sectionType":"section","heading":"Restriction relating to pastoral land","content":"24 Restriction relating to pastoral land\n(1) A person must not conduct preliminary exploration on pastoral land:\n(a) within 200 m of a building that is not enclosed by a fence; or\n(b) within 50 m of a fence that encloses a building.\nMaximum penalty: 15 penalty units.\n(3) For subregulation (1), a fence is taken to enclose a building only if it\nis within 150 m of the building.\n","sortOrder":26},{"sectionNumber":"25","sectionType":"section","heading":"Contravention of obligation","content":"25 Contravention of obligation\nA person conducting preliminary exploration commits an offence if:\n(a) the person engages in conduct; and\n(b) the conduct results in a contravention of an obligation imposed\non the person by section 24(1) to (3) of the Act.\n\nMineral Titles Regulations 2011 18\n","sortOrder":27},{"sectionNumber":"26","sectionType":"section","heading":"Activities must relate to preliminary exploration","content":"26 Activities must relate to preliminary exploration\nA person conducting preliminary exploration must not engage in an\nactivity on relevant land that is unrelated to the preliminary\nexploration.\n","sortOrder":28},{"sectionNumber":"27","sectionType":"section","heading":"No interference with infrastructure","content":"27 No interference with infrastructure\nA person who has entered relevant land to conduct preliminary\nexploration must not interfere with:\n(a) infrastructure on the land; or\n(b) animals owned or under the control of the landowner or\noccupier of the land or on adjoining land.\n","sortOrder":29},{"sectionNumber":"28","sectionType":"section","heading":"No interference with lawful preliminary exploration","content":"28 No interference with lawful preliminary exploration\nA person commits an offence if:\n(a) another person is authorised by or under the Act to enter land\nand conduct preliminary exploration on the land (the\nauthorised explorer); and\n(b) the person engages in conduct to prevent the authorised\nexplorer:\n(i) entering the land to conduct preliminary exploration; or\n(ii) conducting preliminary exploration on the land.\n","sortOrder":30},{"sectionNumber":"29","sectionType":"section","heading":"Request for consent to survey declared fossicking area","content":"29 Request for consent to survey declared fossicking area\n(1) For section 18(2) of the Act, a person requiring consent to mark\nboundaries in a declared fossicking area must apply in writing to the\n\nMineral Titles Regulations 2011 19\n(2) The application must be accompanied by a map of the land the\nperson proposes to survey, clearly indicating its location and\nboundaries.\n","sortOrder":31},{"sectionNumber":"30","sectionType":"section","heading":"ML – prescribed size and required survey","content":"30 ML – prescribed size and required survey\ntitle area described in an application for the grant of an ML is 40 ha.\n","sortOrder":32},{"sectionNumber":"31","sectionType":"section","heading":"EML not within town boundary – prescribed size and required","content":"31 EML not within town boundary – prescribed size and required\nsurvey\ntitle area described in an application for the grant of an EML not\nwithin a town boundary is 20 ha.\n","sortOrder":33},{"sectionNumber":"32","sectionType":"section","heading":"EML within town boundary – prescribed size and required","content":"32 EML within town boundary – prescribed size and required\nsurvey\ntitle area of an EML within a town boundary is 2 ha.\n","sortOrder":34},{"sectionNumber":"33","sectionType":"section","heading":"ELR and EMP required survey","content":"33 ELR and EMP required survey\nFor section 76(5) of the Act, the title area described in an\napplication for the designation of an ELR, or for the grant of an\nEMP, must be surveyed in accordance with Division 2.\n","sortOrder":35},{"sectionNumber":"34","sectionType":"section","heading":"No survey of land in title area already surveyed","content":"34 No survey of land in title area already surveyed\nThere is no requirement to survey an area of land under section 76\nof the Act if:\n(a) the land is identical to the title area of a mineral title that is no\nlonger in force; and\n(b) the title area was surveyed for that mineral title in accordance\nwith these Regulations; and\n(c) the boundary markers and boundaries of the area are in good\n\nMineral Titles Regulations 2011 20\n","sortOrder":36},{"sectionNumber":"35","sectionType":"section","heading":"Maintenance of boundary markers and boundary lines","content":"35 Maintenance of boundary markers and boundary lines\n(1) A person must maintain in good condition each boundary line\ncleared and boundary marker erected for a survey of a proposed\ntitle area, title area, or access area, while the person is:\n(a) the applicant for the mineral title for the proposed title area; or\n(b) the title holder of the mineral title for the title area; or\n(c) the holder of an access authority for the access area.\n(2) Subregulation (1) extends to a boundary surveyed and survey mark\nplaced by a licensed surveyor.\n","sortOrder":37},{"sectionNumber":"Div 2","sectionType":"division","heading":"Surveys not required to be carried out by licensed","content":"Division 2 Surveys not required to be carried out by licensed\nsurveyor\n","sortOrder":38},{"sectionNumber":"36","sectionType":"section","heading":"Application of Division","content":"36 Application of Division\nThis Division applies in relation to a survey by a person (relevant\nperson) required to survey one of the following areas (a survey\narea):\n(a) a title area mentioned in regulation 30(2), 31(2), 32(2) or 33;\n(b) the access area of an access authority that is subject to a\ncondition under section 84(4) of the Act that the access area\nmust be surveyed and a plan of survey must be given to the\n","sortOrder":39},{"sectionNumber":"37","sectionType":"section","heading":"Minister may approve different survey method","content":"37 Minister may approve different survey method\n(1) On application by the relevant person, the Minister may approve a\nmethod of surveying a survey area that varies or excludes a\nmethod prescribed by this Division.\n(2) However, the Minister may approve the method only if satisfied\nthere are circumstances that prevent the relevant person from\nsurveying the survey area in accordance with this Division.\n","sortOrder":40},{"sectionNumber":"38","sectionType":"section","heading":"Boundary marker","content":"38 Boundary marker\n(1) A boundary marker is a post or cairn of stones, with a height of at\nleast 1 m above the surface of the ground.\n(2) For subregulation (1), a post used as a boundary marker must:\n(a) have a significant metal component; and\n\nMineral Titles Regulations 2011 21\n(b) be at least 100 mm in diameter; and\n(c) be firmly fixed to, or driven into, the ground.\nExample for subregulation (2)\nA star picket over which a metal or non-metal sleeve (including a PVC pipe) is\nplaced.\n","sortOrder":41},{"sectionNumber":"39","sectionType":"section","heading":"Erecting boundary markers","content":"39 Erecting boundary markers\n(1) The relevant person must erect a boundary marker at each corner\nof the survey area and in the angle of at least 2 trenches:\n(a) that clearly indicate the direction of the boundary of the survey\narea; and\n(b) each of which must be at least 1 m in length and 150 mm in\nwidth and depth.\n(2) However, if it is impracticable to cut trenches because of the nature\nof the ground, the relevant person must place a row of stones, at\nleast 1 m in length and 150 mm in width and height, to indicate the\nboundary.\n(3) In addition, if it is impracticable to erect a boundary marker at an\nactual corner of the survey area (for example, because of the\npresence of water), the relevant person must:\n(a) instead, erect the boundary marker on the boundary line as\nnear as possible to the corner; and\n(b) mark the boundary marker with:\n(i) the letters \"W.P.\" (denoting \"Witness Post\"); and\n(ii) the distance in metres to the corner; and\n(iii) the direction to the corner.\n(4) If the relevant person is surveying a survey area that has the same\nboundary corner as a related area of land, the relevant person may\nerect only one boundary marker at the corner.\n(5) For subregulation (4), a related area of land is land for which the\nrelevant person:\n(a) has made, or is making, an application for the grant of a\nmineral title; or\n(b) holds a mineral title; or\n\nMineral Titles Regulations 2011 22\n(c) holds an access authority.\n","sortOrder":42},{"sectionNumber":"40","sectionType":"section","heading":"Clearing boundary lines","content":"40 Clearing boundary lines\n(1) The relevant person must:\n(a) clear the boundary line between 2 corner boundary markers to\na width not exceeding 1 m; and\n(b) provide a clear line of sight between 2 corner boundary\nmarkers or mark the boundary line as specified in this\nregulation.\n(2) If the view between 2 corner boundary markers is obscured by a\ntree, the relevant person may:\n(a) in relation to an immature tree – cut it down and remove it; or\n(b) in relation to a mature tree – attach a flag to it.\n(3) If it is not possible to provide a clear line of sight between 2 corner\nboundary markers, the relevant person must erect additional\nboundary markers so there is a clear line of sight between:\n(a) 2 boundary markers; or\n(b) 2 flagged trees; or\n(c) a boundary marker and a flagged tree.\n(4) When clearing the boundary line, the relevant person:\n(a) must do as little damage to the environment as is practicable;\nand\n(b) may cut down and remove a tree only as provided by\nsubregulation (2)(a).\n","sortOrder":43},{"sectionNumber":"41","sectionType":"section","heading":"Meridian bearings of boundaries and datum post","content":"41 Meridian bearings of boundaries and datum post\n(1) The relevant person must:\n(a) survey the boundaries of the survey area as near as possible\nto the true meridian bearings of north-south and east-west;\nand\n\nMineral Titles Regulations 2011 23\n(b) when the survey is completed – fix to the datum post a metal\nplate on which is etched, stamped, or printed in durable\noil-based paint, so that it remains clearly legible:\n(i) if the survey is for an application for the grant of a\nmineral title – the type and number (when allocated) of\nthe title; and\n(ii) if the survey is for an access area – the number of the\naccess authority; and\n(iii) the size of the survey area; and\n(iv) the full name and address of the relevant person.\n(2) For subregulation (1)(b), the datum post is the boundary marker at\nthe north-eastern corner of the survey area.\n","sortOrder":44},{"sectionNumber":"42","sectionType":"section","heading":"Plan of survey and other information","content":"42 Plan of survey and other information\n(1) The plan of survey mentioned in section 76(2) of the Act or\nregulation 36(b) must clearly depict the survey area in a way that\nenables it to be accurately located (for example, by showing\nsignificant topographical features and boundaries of land held\nunder the Land Title Act 2000).\n(2) The plan of survey must include the latitude and longitude in\nGDA94 of each boundary marker and the dimensions of the\nboundary lines.\n(3) The coordinates of the corners of the survey area must be\ndetermined to an accuracy of less than 1 m.\n(4) The relevant person must give the Minister sufficient information to\nenable the accuracy of the survey to be validated.\n","sortOrder":45},{"sectionNumber":"43","sectionType":"section","heading":"Effect of surveying too much land","content":"43 Effect of surveying too much land\nIf the relevant person has surveyed an area of land that is larger\nthan the survey area, the Minister must require the person to make\na further survey, reducing the survey area as specified by the\n\nMineral Titles Regulations 2011 24\n","sortOrder":46},{"sectionNumber":"Part 4","sectionType":"part","heading":"Mineral title applications and other","content":"Part 4 Mineral title applications and other\napplications\n","sortOrder":47},{"sectionNumber":"44","sectionType":"section","heading":"Necessary criteria for mineral title application","content":"44 Necessary criteria for mineral title application\n(1) For section 58(2)(d) of the Act, the necessary criteria are as follows:\n(a) if the applicant was previously the title holder of a mineral title\nthat is no longer in force – the applicant must have:\n(i) paid all outstanding fees (including any late lodgment\nfees) and rent payable by the applicant in relation to the\ntitle; and\n(ii) complied with the rehabilitation requirements for the title\narea;\n(b) if the applicant currently holds one or more mineral titles – the\napplicant must have substantially complied with the\nrehabilitation requirements for each title area;\n(c) if the applicant is currently engaged in negotiations under\nALRA or NTA in relation to the grant of another mineral title –\nthe Minister must be satisfied the applicant is actively\nnegotiating in good faith.\n(2) In this regulation:\nrehabilitation requirements, for a title area, means the\nrequirements for rehabilitation of the area under the Environment\nProtection Act 2019.\n","sortOrder":48},{"sectionNumber":"44A","sectionType":"section","heading":"Fit and proper person","content":"44A Fit and proper person\n(1) For section 70A(1)(b) of the Act, the following matters are\n(a) whether, in the Minister's opinion, the person is of good\nrepute, having regard to character, honesty and integrity;\n(b) if the person is a body corporate – whether, in the Minister's\nopinion, each director of the body corporate is of good repute,\nhaving regard to character, honesty and integrity;\n(c) if the person is a member of a partnership – whether, in the\nMinister's opinion, each member of the partnership is of good\nrepute, having regard to character, honesty and integrity.\n\nMineral Titles Regulations 2011 25\n(2) If the Minister considers the matters in section 70A(1)(a) of the Act\nin relation to a person that is a body corporate, the following\nadditional matters are prescribed for section 70A(1)(b) of the Act:\n(a) whether the Minister believes on reasonable grounds that a\ndirector of the body corporate:\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;\n(b) whether the Minister believes on reasonable grounds that a\ndirector of the body corporate is or has been the director of\nanother body corporate that has engaged in conduct of a kind\nmentioned in paragraph (a);\n(c) if the body corporate is the subsidiary of another body or\ncompany (the parent company) – whether the Minister\nbelieves on reasonable grounds that:\n(i) the parent company or a director of the parent company\nhas engaged in conduct of a kind mentioned in\nparagraph (a); or\n(ii) a director of the parent company is or has been the\ndirector of another body corporate that has engaged in\nconduct of a kind mentioned in paragraph (a).\n\nMineral Titles Regulations 2011 26\n(3) Subregulation (2) does not apply in relation to conduct by a person\nto the extent that the Minister, having regard to the following\nmatters, considers that the conduct should not be taken into\naccount:\n(a) the seriousness of the conduct;\n(b) the length of time since the conduct occurred;\n(c) any other matters that appear relevant to the Minister.\n(4) For section 70A(1)(b) of the Act the following additional matters are\n(a) whether the person, during the previous 3 years:\n(i) was an undischarged bankrupt; or\n(ii) applied to take the benefit of any law for the relief of\n(iii) compounded with the person's creditors or made an\nassignment of the person's remuneration for their\nbenefit;\n(b) whether the person is or was a director of a body corporate:\n(i) that is the subject of a winding up order; or\n(ii) for which a controller or administrator has been\nappointed during the previous 3 years;\n(c) if the person is a body corporate – whether the body\ncorporate:\n(i) is the subject of a winding up order; or\n(ii) has had a controller or administrator appointed during\nthe previous 3 years;\n(d) whether, in the Minister's opinion, the person has the financial\ncapacity to comply with the person's obligations as a title\n(e) whether, in the Minister's opinion, actions or things authorised\nby the mineral title will be carried out by a technically\ncompetent person.\n\nMineral Titles Regulations 2011 27\n(5) If the Minister is considering, under section 70A of the Act, whether\na person is a fit and proper person to hold a mineral title, the person\nmust give the Minister any information required by the Minister for\nthat consideration.\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Shape of proposed title area","content":"45 Shape of proposed title area\n(1) This regulation applies to an application for the grant of a mineral\ntitle other than an EL or EMEL.\n(2) The proposed title area must be in the shape of a rectangle, the\nlength of which must not exceed twice the width, unless:\n(a) a topographic feature or cadastral boundary of the Territory\nmakes that shape impracticable; and\n(b) the Minister approves another shape.\nExamples of boundaries for subregulation (2)(a)\n1 A topographic feature such as a river or mountain ridge.\n2 A cadastral boundary of Aboriginal land or pastoral land.\n46 Application fees\n(1) The application fee payable for an application mentioned in\nSchedule 1, Part 1 is specified opposite the application.\n(2) A person who pays an application fee is not entitled to a refund of\nany of the amount paid, even if the application is refused.\n","sortOrder":50},{"sectionNumber":"47","sectionType":"section","heading":"Refund of amount paid for advertising costs","content":"47 Refund of amount paid for advertising costs\n(1) This regulation applies if the applicant for the grant of a mineral title\nhas paid the advertising costs of giving public notice of the\napplication as mentioned in section 71(1)(b) of the Act.\n(2) The Minister must refund the whole amount paid if, before the\nnotice is published, the Minister refuses under section 70 of the Act\nto grant the mineral title.\n","sortOrder":51},{"sectionNumber":"48","sectionType":"section","heading":"Deciding application for designation of ELR after EL ceases to","content":"48 Deciding application for designation of ELR after EL ceases to\nbe in force\nIf the holder of an EL has applied under section 33 of the Act for the\ndesignation of an ELR and the EL ceases to be in force for the\nproposed title area of the ELR, the Minister may continue to\nconsider the application and decide it as if the EL were still in force.\n\nDivision 2 Applications for grant of mineral title for Aboriginal land\nMineral Titles Regulations 2011 28\n","sortOrder":52},{"sectionNumber":"49","sectionType":"section","heading":"Notice of change","content":"49 Notice of change\n(1) A person who has made an application under the Act that has not\nbeen decided must give the Minister a notice of change relating to\nany of the following:\n(a) the person's name;\n(b) the person's address or other contact details;\n(c) if the person has nominated an agent – the name or contact\ndetails of the agent.\n(2) In addition, the person must give the Minister a notice of change of\ncircumstances, specifying the relevant details, if:\n(a) for a corporation – an administrator, liquidator or controller is\nappointed under the Corporations Act 2001 for the\ncorporation; or\n(b) for an individual – he or she:\n(i) becomes bankrupt; or\n(ii) has applied to take the benefit of any law for the relief of\n(iii) has compounded with his or her creditors or has\nassigned his or her remuneration for their benefit.\nDivision 2 Applications for grant of mineral title for Aboriginal\nland\n","sortOrder":53},{"sectionNumber":"50","sectionType":"section","heading":"Geographical coordinates","content":"50 Geographical coordinates\nThe geographical coordinates mentioned in this Division are based\non the national Australian Geodetic Datum 1966, known as AGD66,\nused for surveying, mapping and spatial referencing of\ngeographical data.\n","sortOrder":54},{"sectionNumber":"51","sectionType":"section","heading":"Noranda Project Area","content":"51 Noranda Project Area\nFor section 63(2)(d) of the Act, the Noranda Project Area (also\nknown as the Koongarra Project Area) is the area of about 1 197 ha\nbounded by a line starting at the point of 12° 52' 20\"\nsouth, 132° 49' 41\" east, then running progressively as follows:\n(a) to the point of 12° 51' 27\" south, 132° 51' 44\" east;\n(b) to the point of 12° 52' 54\" south, 132° 52' 17\" east;\n\n","sortOrder":55},{"sectionNumber":"Div 3","sectionType":"division","heading":"Applications for grant of mineral title for existing title area or existing proposed","content":"Division 3 Applications for grant of mineral title for existing title area or existing proposed\ntitle area\nMineral Titles Regulations 2011 29\n(c) to the point of 12° 53' 58\" south, 132° 50' 37\" east;\n(d) to the starting point.\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Pancontinental Project Area","content":"52 Pancontinental Project Area\nFor section 63(2)(e) of the Act, the Pancontinental Project Area\n(also known as the Jabiluka Project Area) is the area of about\n7 282 ha bounded by a line starting at the point of 12° 36' south,\n132° 55' east, then running progressively as follows:\n(a) to the point of 12° 30' 10\" south, 132° 51' 40\" east;\n(b) to the point of 12° 29' south, 132° 52' 22\" east;\n(c) to the point of 12° 29' south, 132° 55' east;\n(d) to the point of 12° 29' 45\" south, 132° 55' east;\n(e) to the intersection of 12° 29' 45\" south with the western\nboundary of Kakadu National Park as defined in\nCommonwealth Gazette No. S61 dated 5 April 1979;\n(f) south along that boundary to the point where it intersects a\nline joining:\n(i) the point of 12° 36' south, 132° 55' east; and\n(ii) the point of 12° 33' 20\" south, 133° east;\n(g) to the starting point.\nDivision 3 Applications for grant of mineral title for existing\ntitle area or existing proposed title area\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Application of Division","content":"53 Application of Division\nFor section 65(3) of the Act, this Division prescribes a person's\nentitlement to make an application for:\n(a) the grant of a mineral title for an area of land in or comprising\nan existing title area or existing proposed title area; or\n\nDivision 3 Applications for grant of mineral title for existing title area or existing proposed\ntitle area\nMineral Titles Regulations 2011 30\n(b) the designation of an ELR for an area of land in or comprising\nan existing title area or existing proposed title area.\nNotes for regulation 53\n1 Section 78(5) of the Act deals with the Minister's discretion to refuse to grant\na mineral title to a person who applies for the grant as prescribed by this\nDivision.\n2 Regulations 74 and 75 deal with the occupation right under a mineral title\ngranted on application as prescribed by this Division.\n3 This Division does not affect a person's right to conduct preliminary\nexploration in an existing title area or existing proposed title area in\naccordance with Part 2 of the Act and Part 2 of these Regulations.\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Application for grant of EL","content":"54 Application for grant of EL\nA person is entitled to apply for the grant of an EL for any of the\nexisting title area or existing proposed title area of an ELR, ML,\nEMEL, EMP or EML.\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Application for designation of ELR","content":"55 Application for designation of ELR\n(1) The holder of an EL with a title area in or comprising the existing\ntitle area or existing proposed title area of an EMEL (the EMEL\narea) is entitled to apply for the designation of an ELR for any of the\nEMEL area that does not also comprise the title area or proposed\ntitle area of a development title (the development area).\n(2) Subregulation (1) does not prevent the holder of the EL from\napplying for the designation of an ELR for any of the EMEL area\nsurrounding the development area.\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Application for grant of ML","content":"56 Application for grant of ML\n(1) A person is entitled to apply for the grant of an ML for any of the\nexisting title area or existing proposed title area of an EMEL.\n(2) A person is entitled to apply for the grant of an ML for any of the\nexisting title area or existing proposed title area of an EL or ELR\nonly with the written consent of the title holder or earlier applicant.\n(3) For subregulation (2), the holder of an EL or an earlier applicant for\nthe grant of an EL must not unreasonably withhold consent if the\nML is required to enable the person requesting consent to conduct\nactivities ancillary to mining conducted under another ML held by\nthe person.\n\nMineral Titles Regulations 2011 31\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Application for grant of EMEL","content":"57 Application for grant of EMEL\nA person is entitled to apply for the grant of an EMEL for any of the\nexisting title area or existing proposed title area of an EL, ELR or\ndevelopment title.\n","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Application for grant of EMP","content":"58 Application for grant of EMP\n(1) A person is entitled to apply for the grant of an EMP for any of the\nexisting title area or existing proposed title area of an EL.\n(2) A person is entitled to apply for the grant of an EMP for any of the\nexisting title area or existing proposed title area of an EMEL only\nwith the written consent of the title holder or earlier applicant.\n","sortOrder":63},{"sectionNumber":"59","sectionType":"section","heading":"Application for grant of EML","content":"59 Application for grant of EML\n(1) A person is entitled to apply for the grant of an EML for any of the\nexisting title area or existing proposed title area of an EL.\n(2) A person is entitled to apply for the grant of an EML for any of the\nexisting title area or existing proposed title area of an EMEL only\nwith the written consent of the title holder or earlier applicant.\n","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"Procedures relating to payment of rent and giving security","content":"60 Procedures relating to payment of rent and giving security\n(1) The Minister may grant a person a mineral title only if the person\nhas paid the required rent, and given the required security, for the\n(2) If the person has paid the required rent and given the required\nsecurity when the Minister decides to grant the mineral title, the\ngrant takes effect on the day the Minister makes the decision.\n(3) If the person has not paid the required rent or given the required\nsecurity and the Minister considers it will be appropriate to grant the\nmineral title if the person does so, the Minister must give the person\na notice specifying:\n(a) the Minister will grant the mineral title for the title area\nspecified in the notice if the person pays the required rent and\ngives the required security before the date specified in the\nnotice; and\n(b) the matters mentioned in subregulations (5) and (6).\n(4) The date specified under subregulation (3)(a) must be at least\n30 days after the date of the notice.\n\nMineral Titles Regulations 2011 32\n(5) If the person pays the required rent and gives the required security\nbefore the specified date, the grant of the mineral title takes effect\non the date the Agency receives the rent and security.\n(6) If the person does not pay the required rent and give the required\nsecurity before the specified date:\n(a) the person's application for the grant of the mineral title is\nrefused; and\n(b) the application is prescribed for section 166(3) of the Act.\nNote for subregulation (6)(b)\nThe Minister is not required to give any further notice relating to the refusal to\ngrant the mineral title that would otherwise be required under section 166(2) of\n(7) In this regulation:\nrequired rent means:\n(a) for an EMEL – the rent payable for the term of the EMEL; or\n(b) for any other mineral title – the rent payable for the first\noperational year of the title.\nrequired security, for a mineral title, means the security (if any) for\ncompensation required under section 106 of the Act before or\nduring the consideration of an application for the grant of the title.\n","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Granting ML to holder of EL or ELR","content":"61 Granting ML to holder of EL or ELR\n(1) If the Minister grants an ML to the holder of an EL for part of the title\narea of the EL:\n(a) the EL remains in force for the title area of the ML; but\n(b) the title holder may exercise the rights given by the ML only in\nthe title area of the ML.\n(2) If the Minister grants an ML to the holder of an ELR for part of the\ntitle area of the ELR:\n(a) the title area of the ML is removed from the title area of\nthe ELR; and\n(b) the Minister may cancel the ELR if it no longer complies with\nthe Act or these Regulations after the grant of the ML.\nExample for subregulation (2)(b)\nThe remaining title area of an ELR may no longer contain an ore body.\n\nMineral Titles Regulations 2011 33\n(3) If the Minister grants an ML to the holder of an EL or ELR for all of\nits title area, the ML replaces the EL or ELR.\n(4) The term and title area of the EL or ELR are not affected by:\n(a) the making of the application for the grant of the ML; or\n(b) a refusal of the application by the Minister.\n","sortOrder":66},{"sectionNumber":"62","sectionType":"section","heading":"Granting EMP or EML to holder of EMEL","content":"62 Granting EMP or EML to holder of EMEL\n(1) If the Minister grants an EMP or EML to the holder of an EMEL for\npart of the title area of the EMEL:\n(a) the EMEL remains in force for the title area of the EMP or\nEML; but\n(b) the title holder may exercise the rights given by the EMP or\nEML only in the title area of the EMP or EML.\n(2) If the Minister grants an EMP or EML to the holder of an EMEL for\nall of the title area of the EMEL, the EMP or EML replaces the\nEMEL.\n(3) The term and title area of the EMEL are not affected by:\n(a) the making of the application for the grant of the EMP or EML;\nor\n(b) a refusal of the application by the Minister.\n","sortOrder":67},{"sectionNumber":"63","sectionType":"section","heading":"Amalgamation of title areas","content":"63 Amalgamation of title areas\n(1) For section 102(1) of the Act, the Minister may amalgamate the\noriginal title areas of any original titles except EMELs.\n(2) An application under section 102(2)(b) of the Act must:\n(a) be in the approved form; and\n(b) identify the original titles to be amalgamated; and\n(c) relate only to original titles that are in force; and\n(d) if the application relates to a replacement title that is an EL:\n(i) identify the blocks to be amalgamated, which must not\nexceed 250; and\n\nMineral Titles Regulations 2011 34\n(ii) include a technical work program for the first operational\nyear of the EL; and\n(e) if the application relates to another replacement title:\n(i) identify the proposed title area, which must not exceed\nthe maximum size specified for that type of mineral title\nunder Part 3 or 4 of the Act; and\n(ii) include a summary of the work to be carried out for\nconducting the authorised activities in the proposed title\n(3) The term of a replacement title must not exceed the maximum term\nfor that type of title specified under Part 3 or 4 of the Act.\n(4) Before issuing a replacement title, the Minister may require the title\nholder to have the proposed title area surveyed:\n(a) by a licensed surveyor; or\n(b) in accordance with Part 3, Division 2.\n(5) The method of survey required by the Minister does not need to\ncorrespond to the method of survey otherwise prescribed by these\nRegulations for the grant of the same type of title as the\nreplacement title.\n(6) The holder of the replacement title:\n(a) is not entitled to a refund of rent paid for any of the land that\nwas in the original title areas but is not included in the title\narea of the replacement title; and\n(b) if any land in the original title areas of an EL, ELR or ML is not\nincluded in the title area of the replacement title – must give\nthe Minister a final report for that land within 60 days after the\ndate on which the Minister cancels the original titles and\nissues the replacement title.\nNotes for subregulation (6)(b)\n1 See regulation 86(3) to (5) for provisions about the content of the final report.\n2 See regulation 131 for provisions about the fee payable if the report is not\n(7) Rent is payable for a replacement title as follows:\n(a) for an EL – as if it had been in force for the period calculated\nby averaging of the number of operational years of the original\ntitles and adding 1 operational year;\n\nMineral Titles Regulations 2011 35\n(b) for any other title – as if it had been granted under Part 3 or 4\n(8) In this regulation:\nreplacement title means the mineral title issued to replace the\noriginal titles.\n","sortOrder":68},{"sectionNumber":"64","sectionType":"section","heading":"Application for acceptance of surrender","content":"64 Application for acceptance of surrender\n(1) This regulation applies in relation to an application under\nsection 103(1) of the Act for the acceptance of the surrender of all\nor part of a title area.\n(2) The Minister need not accept the surrender if any rent or fees are\nowed in relation to the mineral title.\n(3) If the Minister accepts the surrender of all or part of the title area of\nan EL, ELR or ML, the applicant must give the Minister a final report\nrelating to the surrendered land within 60 days after the surrender\ntakes effect.\nNotes for subregulation (3)\n1 See regulation 86(3) to (5) for provisions about the content of the final report.\n2 See regulation 131 for provisions about the fee payable if the report is not\n65 Survey for surrender application\n(1) This regulation applies in relation to a survey mentioned in\nsection 103(3)(a) of the Act.\n(2) The remaining title area of an ML must be surveyed:\n(a) by a licensed surveyor if it exceeds 40 ha; or\n(b) in accordance with Part 3, Division 2 if it does not exceed\n40 ha.\n(3) The remaining title area of an EML must be surveyed:\n(a) by a licensed surveyor if:\n(i) it exceeds 2 ha and is within a town boundary; or\n(ii) it exceeds 20 ha and is not within a town boundary; or\n(b) in accordance with Part 3, Division 2 if paragraph (a) does not\napply.\n\nMineral Titles Regulations 2011 36\n(4) The remaining title area of an ELR or EMP must be surveyed in\naccordance with Part 3, Division 2.\n","sortOrder":69},{"sectionNumber":"66","sectionType":"section","heading":"Request for surrender","content":"66 Request for surrender\n(1) For section 104(1) of the Act, each of the following is a purpose\nbeneficial to the Territory:\n(a) public recreation or amusement;\n(b) the protection of a scenic area;\n(c) the preservation and protection of a place of cultural or historic\ninterest;\n(d) a national park, public park or public garden;\n(e) the protection of flora and fauna;\n(f) the protection of coastal foreshores;\n(g) water conservation;\n(h) the construction or maintenance of public infrastructure;\n(i) forestry or reafforestation.\n(2) The notice given under section 104(1) of the Act must specify:\n(a) the purpose for which the land to which the request relates is\nto be used if it is surrendered; and\n(b) the holder of the EL has 2 months in which to respond in\nwriting to the Minister's request; and\n(c) the title holder will be taken to have agreed to the surrender if\nthe title holder does not respond within that period.\n(3) After the surrender of all or part of the title area of the EL, the\nMinister must refund to the title holder or former title holder, with\neffect from the date of surrender, any rent paid for the surrendered\ntitle area for the remaining period of the current operational year.\n(4) For subregulation (3), the date of surrender is the date on which the\ntitle holder:\n(a) gives the Minister a written notice agreeing to the surrender;\nor\n(b) is taken to have agreed to the surrender as mentioned in\nsection 104(2) of the Act.\n\nMineral Titles Regulations 2011 37\n","sortOrder":70},{"sectionNumber":"67","sectionType":"section","heading":"Notice and submission relating to intention to cancel","content":"67 Notice and submission relating to intention to cancel\n(1) For section 105(3) of the Act, the notice of intention to cancel a\nmineral title must specify:\n(a) the reason for the intended cancellation; and\n(b) the period within which the title holder may:\n(i) take action, as specified by the Minister, to avoid\ncancellation; or\n(ii) make a submission to the Minister in relation to the\nproposed cancellation.\n(2) The period specified under subregulation (1)(b) must be at least\n30 days after the date on which the title holder is given the notice.\n(3) The notice must be given:\n(a) by registered post; or\n(b) if the contact details of the title holder include an email\naddress – by email.\n(4) A submission by the title holder must include all the information\nnecessary to enable the Minister to make a proper decision about\nwhether or not to cancel the mineral title.\n","sortOrder":71},{"sectionNumber":"68","sectionType":"section","heading":"Notice following submission about intention to cancel","content":"68 Notice following submission about intention to cancel\n(1) If the Minister receives a submission within the period specified in\nthe notice of intention to cancel a mineral title given under\nregulation 67, or the longer period as extended under section 167\nof the Act, the Minister must consider the submission and may:\n(a) give the title holder a notice requiring the title holder to take an\naction specified, within the period specified, to avoid\ncancellation; or\n(b) cancel the mineral title.\n(2) The period specified under subregulation (1)(a) must be at least\n30 days after the notice is given.\n(3) If the title holder is given a notice under subregulation (1)(a) and\ndoes not take the specified action within the specified period, or a\nlonger period if extended under section 167 of the Act, the Minister\nmay cancel the mineral title.\n\nMineral Titles Regulations 2011 38\n(4) The Minister must give the former title holder a notice confirming\ncancellation under this regulation.\n","sortOrder":72},{"sectionNumber":"69","sectionType":"section","heading":"Cancellation of EL for part of title area","content":"69 Cancellation of EL for part of title area\nThe cancellation of an EL for part of the title area during the term\nfor which the EL is first granted does not affect the requirement to\nreduce the remaining title area under section 29 of the Act.\n","sortOrder":73},{"sectionNumber":"70","sectionType":"section","heading":"Notice of land ceasing to be title area","content":"70 Notice of land ceasing to be title area\n(a) under section 29 of the Act, the title area of an EL is reduced;\nor\n(b) under section 103 or 104 of the Act, all or part of a title area is\nsurrendered; or\n(c) under section 105 of the Act, the Minister cancels an EL, ELR,\nML, EMP or EML for all or part of its title area; or\n(d) land ceases for another reason to be all or part of the title area\nof an EL, ELR, ML, EMP or EML.\n(2) As soon as practicable after the reduction, surrender, cancellation\nor cessation (the relevant occurrence), the Minister must publish a\nnotice on the Agency's website that includes the following\ninformation:\n(a) the number of the mineral title affected by the relevant\noccurrence;\n(b) a map, clearly indicating the location and boundaries, of:\n(i) the land that has ceased to be all or part of the title area\nof the mineral title or former mineral title; and\n(ii) if applicable – the land that remains in the title area of\nthe mineral title;\n(c) the date on which the relevant occurrence took effect.\n\nMineral Titles Regulations 2011 39\n","sortOrder":74},{"sectionNumber":"71","sectionType":"section","heading":"Notice before starting authorised activities for exploration","content":"71 Notice before starting authorised activities for exploration\n(1) This regulation prescribes the procedures for section 32(1) or 49 of\nthe Act to be followed by the title holder of an EL or EMEL in\nrelation to conducting authorised activities on the land in the title\narea of the EL or EMEL.\n(2) At least 14 days before the title holder intends to start conducting\nauthorised activities on the land, the title holder must give written\nnotice of the intention to the landowners or occupiers of the land.\n(3) The notice must include the following information:\n(a) the name and contact details of the title holder;\n(b) the name and contact details of the person who will be in\ncharge of conducting the authorised activities;\n(c) the nature of the exploration to be conducted on the land;\n(d) the intended start date, and an estimate of the duration, of the\nexploration;\n(e) a map of the land on which the exploration is to be conducted,\nclearly indicating its location and boundaries;\n(f) details of the proposed place of entry onto the land.\n(4) As soon as practicable after entering the land, the title holder must\ntake all reasonable steps to advise the occupiers of the land of the\nentry before starting to conduct the authorised activities.\n(5) However, subregulation (4) does not prevent the title holder from\nstarting to conduct the authorised activities if, after taking all\nreasonable steps to find an occupier, the occupier cannot be found.\n","sortOrder":75},{"sectionNumber":"72","sectionType":"section","heading":"Exploration under EMEL","content":"72 Exploration under EMEL\nIn conducting exploration under an EMEL, the title holder may\nremove, only from the natural surface of the land in the title area,\nsmall amounts of extractive minerals for evaluation.\n\nMineral Titles Regulations 2011 40\n","sortOrder":76},{"sectionNumber":"73","sectionType":"section","heading":"Conducting authorised activities on pastoral land","content":"73 Conducting authorised activities on pastoral land\n(1) The holder of a mineral title must not conduct authorised activities\non pastoral land:\n(a) within 200 m of a building that is not enclosed by a fence; or\n(b) within 50 m of a fence that encloses a building.\n(2) For subregulation (1), a fence is taken to enclose a building only if it\nis within 150 m of the building.\n","sortOrder":77},{"sectionNumber":"74","sectionType":"section","heading":"Right to exercise occupation right on overlapping land","content":"74 Right to exercise occupation right on overlapping land\n(1) The holder of a development title may exercise the occupation right\nunder the title on overlapping land to the exclusion of the holder of\nan ELR or exploration title.\n(2) The holder of an ELR may exercise the occupation right under the\nELR on overlapping land to the exclusion of the holder of an\nexploration title.\n(3) The holder of an exploration title may exercise the occupation right\nunder the exploration title on overlapping land concurrently with the\nholder of another exploration title.\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Conditions of exercising occupation right on overlapping land","content":"75 Conditions of exercising occupation right on overlapping land\n(1) The holder of an ELR must not exercise the occupation right under\nthe ELR on overlapping land for which another person holds a\ndevelopment title.\n(2) The holder of an exploration title must not exercise the occupation\nright on overlapping land for which another person:\n(a) holds an ELR or development title; or\n(b) has made an application for the designation of an ELR, or the\ngrant of a development title, that has not been decided by the\n(3) The holder of an exploration title must not exercise the occupation\nright under the title on overlapping land that also comprises all or\npart of:\n(a) the title area of an ELR or development title; or\n(b) the proposed title area of an ELR or development title.\n\nMineral Titles Regulations 2011 41\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Access authority – consent of landowner","content":"76 Access authority – consent of landowner\n(1) This regulation applies to the holder of a mineral title who has the\nright mentioned in section 84(1) of the Act to enter land outside the\ntitle area to construct, maintain and use infrastructure associated\nwith conducting authorised activities under the mineral title.\n(2) For section 84(3)(c) of the Act, the title holder is required to obtain\nconsent to the entry from the owners of the following classes of\nland:\n(a) private land;\n(b) Aboriginal land;\n(c) an Aboriginal community living area.\n(3) The landowner of land prescribed under subregulation (2) must not\nunreasonably refuse to consent to the title holder's entry onto the\n(4) A dispute about a refusal may be decided by the Tribunal on\napplication by the title holder.\n(5) The title holder must give the Minister a copy of a landowner's\nconsent to the title holder's entry to prescribed land with the\napplication under section 84(2) of the Act.\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Rent and administration fee","content":"77 Rent and administration fee\n(1) The annual rent payable for the title area of a mineral title is the\namount specified for the title in Schedule 1, Part 2.\n(2) No GST is payable in relation to the rent.\n(3) If rent is payable for each hectare of a title area, and the title area\ndoes not divide equally into hectares, rent is payable for the\nremaining area as if it were a whole hectare.\n(4) The annual administration fee payable for a mineral title (except an\nEMEL) is the amount specified for the title in Schedule 1, Part 3.\n(5) Before the start of the second and each subsequent operational\nyear, the holder of a mineral title (except an EMEL) must pay the\nrent and administration fee for the title.\nNotes for subregulation (5)\n1 See regulation 60 for payment of rent before the grant of a mineral title.\n\nMineral Titles Regulations 2011 42\n2 See section 67 of the Act for payment of rent before the renewal of a mineral\n(6) If a title holder does not pay the rent or administration fee as\nrequired by subregulation (5), the Minister must give the title holder\na notice requiring payment within 30 days from the date of the\nnotice.\n(7) If the title holder does not pay the rent or administration fee as\nrequired under subregulation (5), the Minister may take action\nunder section 105(3) of the Act for a contravention of section 95(1)\nNote for subregulation (7)\nRegulations 67 and 68 set out the procedures for the cancellation mentioned in\nsection 105(3) of the Act.\n(8) Despite subregulation (5), the Minister may waive all or part of the\namount payable by the title holder, but only if satisfied there are\ncircumstances that justify the waiver.\n(9) To avoid doubt, a person who is required to pay annual rent or an\nannual administrative fee must pay the rent or fee for the full\noperational year of the mineral title even if the title ceases to be in\nforce, or is renewed, before the end of the year.\nNote for regulation 77\nSee section 16(4) of the Act for the application of Schedule 1 to part of a block.\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Annual report for EL, ELR or ML","content":"78 Annual report for EL, ELR or ML\n(1) The holder of an EL, ELR or ML must give the Minister an annual\nreport within 60 days after the end of each operational year of the\nmineral title.\n(2) The annual report must contain the details and history of the\nmineral title and information about the following activities conducted\nunder the title during the operational year:\n(a) programs involving geological sciences (such as geological,\ngeophysical and geochemical surveys), which may include\ndesktop reviews, data assessment and interpretation and\ntarget generation;\n(b) the collection and analysis of rock, soil, sediment, mineral,\ngroundwater or vegetation samples;\n\nMineral Titles Regulations 2011 43\n(c) drilling programs;\n(d) technical investigations related to exploration (such as\npre-feasibility studies, feasibility studies, metallurgical or\nmineral processing studies, groundwater and geotechnical\nstudies).\n(3) The annual report must also contain information about all\nexploration conducted in the operational year in sufficient detail to\nsubstantiate the expenditure specified in the expenditure report for\nthe exploration.\n(4) The information about exploration must include the following:\n(a) a summary of exploration rationale and activities;\n(b) maps showing the location, in relation to the boundaries of the\ntitle area, of the exploration, survey boundaries, drilling and\nrecovery of geological samples;\n(c) details of each geological sample recovered from the title area\nduring the operational year;\n(d) survey and analytical results, raw and processed data and\nimagery and other spatial data, as appropriate;\n(e) descriptions of survey, drilling and sampling methodology,\nlogistics, data processing and modelling;\n(f) any consultant or laboratory reports;\n(g) interpretation of all exploration results, including maps,\nsections, logs and models;\n(h) details of office studies and data reviews.\n(5) If a person owns the copyright in all or any part of the annual report,\nthe title holder giving the report must comply with regulation 126.\n","sortOrder":82},{"sectionNumber":"80","sectionType":"section","heading":"Expenditure project area for ELs","content":"80 Expenditure project area for ELs\n(1) The holder of multiple ELs may apply to the Minister for approval of\nan expenditure project area for the title areas of 2 or more of\nthe ELs (the project area) if the title holder intends to expend a\nsubstantial amount on carrying out technical work in the project\n\nMineral Titles Regulations 2011 44\n(2) The title holder must nominate in the application a reporting day for\ngiving the Minister a notice (a project expenditure notice) of:\n(a) the amount the title holder proposes to expend on carrying out\ntechnical work in the project area during the next 12 months;\nand\n(b) the amount actually expended for that purpose during the\nprevious 12 months.\n(3) The Minister may:\n(a) if satisfied it is appropriate:\n(i) approve the application for all or some of the ELs\nspecified in the application; and\n(ii) approve a reporting day for giving the project\nexpenditure notice; or\n(b) otherwise – refuse the application.\n(4) If the Minister approves the application:\n(a) it is a condition of each EL in the project area that the title\nholder must give a project expenditure notice on or before the\nreporting day specified in the notice of approval; and\n(b) the project expenditure notice and expenditure condition for\nthe project area apply in relation to all of the ELs specified in\nthe notice of approval; and\n(c) the amounts for proposed and actual expenditure, as specified\nin the project expenditure notice, apply to all of those ELs but\nmay be expended in any part of the project area.\n(5) Despite subregulation (4)(a), the title holder must also comply with\nrequirements in this Division to give an expenditure report, and any\nother report, for each EL in the project area (including an\namalgamated report for any of those ELs if approved under\nregulation 87).\n","sortOrder":83},{"sectionNumber":"81","sectionType":"section","heading":"Expenditure report for EL, ELR or ML","content":"81 Expenditure report for EL, ELR or ML\n(1) The holder of an EL, ELR or ML must give the Minister an\nexpenditure report, in the approved form, for an operational year:\n(a) for an EL or ELR – within 30 days after the end of the year; or\n\nMineral Titles Regulations 2011 45\n(b) for an ML – within 60 days after the end of the year.\n(2) The expenditure report for an EL, ELR or ML must include the\nfollowing information:\n(a) the amount the title holder proposes to expend on carrying out\ntechnical work for the next operational year;\n(b) the amount expended on technical work carried out during the\noperational year for which the report is given.\n(3) For the first operational year of an EL, the title holder may also\ninclude in the expenditure report details of any amount, as specified\nin an airborne survey report, expended by the title holder on an\napproved airborne survey of land now in the title area of the EL.\n","sortOrder":84},{"sectionNumber":"82","sectionType":"section","heading":"Compliance with expenditure condition","content":"82 Compliance with expenditure condition\n(1) In considering an expenditure report for an EL or ELR, the Minister\nmust be satisfied the title holder has complied with the expenditure\nThe Minister may exercise the discretion under section 105 of the Act to cancel\nthe EL or ELR, or cancel the title for part of the title area, for a contravention of a\n(2) If the title holder of an EL has contravened the expenditure\ncondition during an operational year when the title area of the EL\nmust be reduced under section 29 of the Act, the Minister need not\nconsider any application made by the title holder under\nsection 29(4) of the Act.\n(3) Subregulation (2) does not prevent the Minister from also taking\naction under section 105 of the Act to cancel the EL for all or part of\nthe title area.\n(4) If the title holder of the ELs in a project area contravenes the\nexpenditure condition for the project area:\n(a) this regulation applies in relation to all of the ELs for the area;\nand\n\nMineral Titles Regulations 2011 46\n(b) the Minister may take the action the Minister considers\nappropriate in relation to all or any of the ELs.\nExamples for subregulation (4)(b)\n1 The Minister need not consider an application under section 29(4) of the Act\nrelating to any one or more of the ELs.\n2 The Minister may cancel some of the ELs and take no action in relation to the\nothers.\n3 The Minister may cancel all of the ELs in relation to some of the blocks in\neach title area of the ELs.\n4 The Minister may cancel all of the ELs.\n83 Reserves report for ELR\nThe holder of an ELR must give the Minister a reserves report, in\nthe approved form, within 14 days after the end of each financial\nyear.\n","sortOrder":85},{"sectionNumber":"84","sectionType":"section","heading":"Production report and reserves report for ML","content":"84 Production report and reserves report for ML\n(1) The holder of an ML must give the Minister a production report and\nreserves report, each in the approved form, within 14 days after the\nend of each financial year.\n(2) The reports may be combined or in one document.\n(3) Subregulation (1) does not apply in relation to an ML that gives the\ntitle holder the right to conduct activities in the title area that are\nancillary to mining conducted under another ML granted to the title\nholder.\n","sortOrder":86},{"sectionNumber":"85","sectionType":"section","heading":"Production report for EML or EMP","content":"85 Production report for EML or EMP\nThe holder of an EML or EMP must give the Minister a production\nreport, in the approved form, within 14 days after the end of each\nfinancial year.\n","sortOrder":87},{"sectionNumber":"86","sectionType":"section","heading":"Final report for EL, ELR or ML","content":"86 Final report for EL, ELR or ML\n(1) For section 94(2)(e)(i) of the Act, the holder of an EL, ELR or ML\nmust give the Minister the final report within 60 days after the\nmineral title has ceased to be in force for all or part of the title area.\n(2) For section 94(2)(e)(ii) of the Act, the holder of an EL, ELR or ML\nmust give the Minister the final report as specified under Part 5 in\nrelation to the particular application.\n\nMineral Titles Regulations 2011 47\n(3) A final report relating to all of the title area of the EL, ELR or ML\nmust include:\n(a) a summary of all of the information given in all of the annual\nreports for the mineral title; and\n(b) information about the authorised activities conducted in the\ntitle area since the end of the operational year for which the\nlatest annual report was given; and\n(c) the amount expended on authorised activities conducted in\nthe title area since the last expenditure report for the title was\ngiven.\n(4) A final report relating to part of the title area of the EL, ELR or ML\nmust include information about all of the authorised activities\nconducted in that part since the title was granted.\n(5) For subregulation (3)(b) and (4), the information about the\nauthorised activities must include the information that would\notherwise be required to be included in an annual report for the EL,\nELR or ML under regulation 78.\n(6) If a person owns the copyright in all or any part of a final report, the\ntitle holder giving the report must comply with regulation 126.\n","sortOrder":88},{"sectionNumber":"87","sectionType":"section","heading":"Amalgamated report for ELs, ELRs or MLs","content":"87 Amalgamated report for ELs, ELRs or MLs\n(1) This regulation applies in relation to ELs, ELRs and MLs.\n(2) A person may apply to the Minister for approval to give an\namalgamated report for the annual reports or expenditure reports\nfor 2 or more of the mineral titles if all of the following\ncircumstances apply:\n(a) the reports relate to titles held by the person or, if the person\nis a body corporate, a related body corporate;\n(b) the titles are of the same type and same geological province;\n(c) the title areas are adjoining or substantially contiguous.\n(3) For subregulation (2)(c), title areas are substantially contiguous if\nthey:\n(a) are not separated by more than 5 blocks; or\n(b) are separated only by a proposed title area in an application\nmade by the person or, if the person is a body corporate, a\nrelated body corporate.\n\nMineral Titles Regulations 2011 48\n(4) The person must nominate in the application a preferred reporting\nday for giving the amalgamated report.\n(5) The Minister may:\n(a) if satisfied it is appropriate:\n(i) approve the application for all or some of the mineral\ntitles specified in the application; and\n(ii) approve a reporting day for giving the amalgamated\nreport; or\n(b) otherwise – refuse the application.\n(6) If the Minister approves the application, the person must give the\nMinister the amalgamated report on or before the reporting day.\nNote for subregulation (6)\n(7) In this regulation:\nrelated body corporate, see section 9 of the Corporations\nAct 2001.\n","sortOrder":89},{"sectionNumber":"88","sectionType":"section","heading":"Information contained in report","content":"88 Information contained in report\n(1) It is a condition of a mineral title that the title holder must, in giving a\nreport under this Division, include in the report all of the information\nto be given under the Act.\n(2) It is also a condition that the title holder must:\n(a) if there is an approved form for a document that is part of the\nreport – give the information as required by the form; and\n(b) otherwise – format particular information (for example,\ngeophysical data) in a way that is acceptable to the Minister.\n(3) The Minister may refuse to consider the report if the title holder has\ncontravened a condition mentioned in this regulation.\n(4) However, before taking any other action in relation to a\ncontravention, the Minister must require the title holder under\nsection 165(2) of the Act to:\n(a) give the Minister particular information; or\n\nMineral Titles Regulations 2011 49\n(b) take any other action in relation to the report, as specified in\nthe requirement.\n","sortOrder":90},{"sectionNumber":"89","sectionType":"section","heading":"Geological samples","content":"89 Geological samples\n(1) For section 93 of the Act, the holder of an EL, ELR or EMEL must\nstore geological samples in a way that protects them from damage\nor deterioration until the title holder:\n(a) disposes of the samples with the Minister's consent; or\n(b) gives the samples to the Minister.\n(2) After considering a notice of the recovery of a geological sample\ngiven under section 93(1) of the Act, the Minister may consent to\nthe disposal of the sample.\n(3) For section 93(3) of the Act, a title holder must give the Minister a\nremaining sample as soon as practicable after:\n(a) if the title is surrendered or ceases to be in force for all of the\ntitle area – the date on which the surrender or cessation takes\neffect; or\n(b) if the title area is surrendered or ceases to be in force for a\npart of the area that includes the place where the remaining\nsample was recovered – the date on which the surrender or\ncessation takes effect; or\n(c) for an EL or ELR under which work described in an annual\nreport ceases to be carried out – the date on which the work\nceases.\n(4) The remaining sample must be given with the approved form.\n(5) In this regulation:\nremaining sample means a sample that has not been disposed of\nwith the Minister's consent.\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Notice of change","content":"90 Notice of change\n(1) For section 98(1)(c) of the Act, the holder of a mineral title who is\nan individual must give the Minister a notice of change if the title\nholder:\n(a) becomes bankrupt; or\n\nMineral Titles Regulations 2011 50\n(b) has applied to take the benefit of any law for the relief of\n(c) has compounded with the title holder's creditors or has\nassigned the title holder's remuneration for their benefit.\nSection 98(3) of the Act applies to a corporation.\n(2) Also, if the holder of a mineral title has nominated an agent whose\nname or contact details have changed, the title holder must give the\nMinister a notice of change under section 98 of the Act.\n(3) A notice of change must specify the new details or circumstances\nrelevant to the title holder.\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Variation or revocation if notice of intention to be given","content":"91 Variation or revocation if notice of intention to be given\n(a) the Minister intends to vary or revoke the reservation of\ngeneral reserved land under section 113(4) of the Act; and\n(b) the notice of reservation of the land includes a statement\nmentioned in section 113(3)(g) of the Act.\n(2) For section 113(4)(c) of the Act, the Minister must give notice in a\nnewspaper circulating in the locality of the general reserved land of\nthe Minister's intention to vary or revoke the reservation under\nsection 113(4) of the Act.\n(3) The notice must include the following:\n(a) a description of the land to which the intended variation or\nrevocation relates;\n(b) the reason for the intended variation or revocation;\n(c) the period (which must be at least 30 days after publication of\nthe notice) within which persons may make written\nsubmissions to the Minister about the intended variation or\nrevocation;\n(d) the address where submissions may be given to the Minister.\n\nMineral Titles Regulations 2011 51\n(4) If the Minister made the decision to reserve the general reserved\nland after considering a written request for the reservation, the\nMinister must give the person who made the request a copy of the\nnotice.\n(5) Before deciding whether or not to vary or revoke the reservation,\nthe Minister must take into account each submission received\nwithin the period mentioned in subregulation (3)(c).\n(6) If the Minister decides to vary or revoke the reservation, the\nMinister must do so by Gazette notice that includes the following:\n(a) a description of the land to which the variation or revocation\nrelates;\n(b) if the reservation is varied – details of the variation;\n(c) the date on which the variation or revocation will take effect;\n(d) the reason for the variation or revocation.\n(7) If the Minister decides not to revoke or vary the reservation, the\nMinister must, by Gazette notice, give the following information:\n(a) brief details of the intention as notified under\nsubregulations (2) and (3);\n(b) the Minister's decision and the reason for the decision.\n(8) The Minister must give a copy of the notice under subregulation (6)\nor (7) to each person who made a submission within the period\nmentioned in subregulation (3)(c).\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Variation or revocation if no notice of intention to be given","content":"92 Variation or revocation if no notice of intention to be given\n(a) the Minister varies or revokes the reservation of general\nreserved land under section 113(4) of the Act; and\n(b) the notice of reservation of the land does not include a\nstatement mentioned in section 113(3)(g) of the Act.\n(2) The variation or revocation must be by Gazette notice that includes\nthe following information:\n(a) a description of the land to which the variation or revocation\nrelates;\n(b) if the reservation is varied – details of the variation;\n\nMineral Titles Regulations 2011 52\n(c) the date on which the variation or revocation will take effect;\n(d) the reason for the variation or revocation.\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Applications for grant of title – entry of information","content":"93 Applications for grant of title – entry of information\nThe Minister must enter the following information in the register in\nrelation to an application for the grant of a mineral title:\n(a) the type of mineral title the subject of the application;\n(b) the name and contact details of the applicant;\n(c) the date and time of lodgment with the Agency;\n(d) the number allocated to the mineral title the subject of the\napplication;\n(e) a description of the proposed title area;\n(f) if the application is made by more than one person – the\ninterest in the mineral title proposed to be held by each\napplicant;\n(g) details (including the date and time of lodgment with the\nAgency) of any of the following:\n(i) an application for approval and registration of the\ntransfer of a mineral rights interest in the application;\n(ii) an application for registration of the devolution of a\nmineral rights interest in the application;\n(iii) an application for registration of a general dealing\nrelating to a mineral rights interest in the application;\n(iv) the lodgment of a caveat claiming a legal or equitable\ninterest in the application;\n(h) a decision or subsequent action relating to:\n(i) the application; or\n(ii) an application or lodgment mentioned in paragraph (g).\n\nMineral Titles Regulations 2011 53\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Mineral titles – entry of information","content":"94 Mineral titles – entry of information\nThe Minister must enter in the register the following information in\nrelation to a mineral title:\n(a) the type of mineral title granted;\n(b) the date on which the title was granted;\n(c) the number allocated to the title;\n(d) the name and contact details of the title holder;\n(e) the term of the title;\n(f) a description of the title area;\n(g) details of any application made under Part 5, Division 5 of the\nAct;\n(h) details (including the date and time of lodgment with the\nAgency) of any of the following:\n(i) an application for approval and registration of the\ntransfer of a mineral rights interest in the title;\n(ii) an application for registration of the devolution of a\nmineral rights interest in the title;\n(iii) an application for registration of a general dealing\nrelating to a mineral rights interest in the title;\n(iv) the lodgment of a caveat claiming a legal or equitable\ninterest in the title;\n(i) a decision or subsequent action relating to an application or\nlodgment mentioned in paragraph (g) or (h).\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Transfer of mineral rights interest – entry of details","content":"95 Transfer of mineral rights interest – entry of details\n(1) For regulation 93(g)(i) or 94(h)(i), the following details must be\nincluded in the register:\n(a) the names and contact details of each person transferring a\nmineral rights interest and each person to whom a mineral\nrights interest is to be transferred;\n(b) the mineral rights interest being transferred.\n(2) The Minister need not enter in the register the details of an\nagreement relating to the transfer of a mineral rights interest.\n\nMineral Titles Regulations 2011 54\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Entry of additional information","content":"96 Entry of additional information\nThe Minister may enter in the register any information not\nmentioned in this Part that the Minister considers should be\nentered.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Fees payable in relation to register","content":"97 Fees payable in relation to register\nThe fee payable for a matter mentioned in section 121(6)(b) of the\nAct is specified in Schedule 1, Part 4.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Meaning of relevant land","content":"98 Meaning of relevant land\n(1) Relevant land, for a fossicking notice, is:\n(a) pastoral land, unless consent to fossick is required by\nregulation 101; or\n(b) the title area of an EL, unless consent to fossick for gold is\nrequired by regulation 102.\n(2) Relevant land, for a fossicking request, is:\n(a) relevant land mentioned in section 138(1) of the Act; or\n(b) private land mentioned in section 139(1) of the Act; or\n(c) pastoral land for which consent to fossick is required by\nregulation 101; or\n(d) the title area of an EL for which consent to fossick for gold is\nrequired by regulation 102; or\n(e) the title area or proposed title area of an ML, EMP or EML, as\nmentioned in section 141 of the Act.\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Meaning of specified person","content":"99 Meaning of specified person\n(1) The specified person, for a fossicking notice for relevant land, is:\n(a) for pastoral land:\n\nMineral Titles Regulations 2011 55\n(b) for the title area of an EL – the title holder.\n(2) The specified person, for a fossicking request for relevant land, is:\n(a) for land mentioned in section 138(1) of the Act:\n(i) for reserved land not in a fossicking area – the Minister;\nor\n(ii) otherwise – the landowner; or\n(b) for private land mentioned in section 139(1) of the Act or\npastoral land for which consent to fossick is required under\nregulation 101:\n(c) for land in the title area of an EL for which consent to fossick is\nrequired under regulation 102 or in the title area of an ML,\nEMP or EML, as mentioned in section 141 of the Act – the title\nholder; or\n(d) for land in the proposed title area of an ML, EMP or EML – the\napplicant for the grant of the mineral title.\nDivision 2 Requirements for notices, consent and entry onto\nrelevant land\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Requirement to give notice of intention to fossick","content":"100 Requirement to give notice of intention to fossick\n(1) This regulation applies to a person who intends to fossick on\nrelevant land and is required by the Act or these Regulations to give\nnotice of the intention to the specified person for the land.\nRegulation 103 applies if consent to the fossicking is required.\n(2) The person must give the specified person a notice (a fossicking\nnotice) at least 7 days before entering the land to start fossicking.\n(3) The fossicking notice must include the following:\n(a) a statement that the fossicker intends to fossick on the\nrelevant land;\n(b) the name and full contact details of the fossicker;\n\nMineral Titles Regulations 2011 56\n(c) a description or map of the area where the fossicker intends to\nfossick on the relevant land, clearly indicating the location;\n(d) details of any proposed camping site on the relevant land;\n(e) a brief description of the nature of the fossicking;\n(f) the equipment to be used for the fossicking;\n(g) the date of intended entry onto the relevant land to start\nfossicking (which must be at least 7 days after the date on\nwhich the notice is given);\n(h) an estimate of the duration of the fossicking.\n(4) Regardless of the date of entry specified in the fossicking notice,\nthe specified person may agree to an earlier entry date.\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"When consent required to fossick on pastoral land","content":"101 When consent required to fossick on pastoral land\nFor section 139(3) of the Act, a person who intends to fossick on\npastoral land requires the written consent of the occupier of the\nland if the area on which the fossicking is to be conducted:\n(a) is, at that time, clearly and actively being used for a particular\npastoral activity; or\n(b) is within 2 km of a homestead; or\n(c) is within 1 km of a stockyard or an artificial watering point.\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"When consent required to fossick for gold in title area of EL","content":"102 When consent required to fossick for gold in title area of EL\nFor section 140(3) of the Act, a person who intends to fossick for\ngold on land in the title area of an EL requires the written consent of\nthe title holder if the title holder is actively conducting authorised\nactivities on that land.\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Requirement to obtain consent to fossick","content":"103 Requirement to obtain consent to fossick\n(1) This regulation applies to a person who intends to fossick on\nrelevant land and is required by the Act or these Regulations to\nobtain the written consent of the specified person for the land.\n(2) The person must give the specified person a notice (a fossicking\nrequest) at least 14 days before the date of intended entry onto the\n\nMineral Titles Regulations 2011 57\n(3) The fossicking request must include the following:\n(a) a request that the specified person give written consent to the\nentry onto the relevant land to fossick;\n(b) the information mentioned in regulation 100(3)(b) to (h);\n(c) if the specified person is the landowner of relevant land that is\na park or reserve – a statement about the effect of section 168\nof the Act if the landowner does not respond to the request.\nNote for subregulation (3)(c)\nBecause of section 4(1) of the Act, the right under section 168 of the Act in\nrelation to Aboriginal land or an Aboriginal Community living area is restricted\nunder other Acts in force in the Territory.\n(4) Regardless of the date of intended entry onto the land specified in\nthe fossicking request, the specified person may consent to an\nearlier or later entry date.\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Refusal of consent","content":"104 Refusal of consent\n(1) The specified person for relevant land may refuse a person's\nfossicking request by written notice to the person, giving reasons\nfor the refusal.\n(2) However:\n(a) the specified person must not unreasonably refuse the\nfossicking request; and\n(b) a dispute about a refusal may be decided by the Tribunal on\napplication by the person who made the request.\n(3) The specified person may be taken to have unreasonably refused\nthe fossicking request if the fossicking described in the request\nwould not interfere substantially with the specified person's use of\nthe relevant land.\n(4) Subregulations (2) and (3) do not apply if the Minister is the\nspecified person.\n(5) If a person has entered relevant land to fossick as authorised by\nsection 168 of the Act, and the landowner subsequently gives the\nfossicker a notice refusing the person's fossicking request, the\nperson must leave the land without delay.\n\nMineral Titles Regulations 2011 58\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Withdrawal of consent","content":"105 Withdrawal of consent\n(1) The specified person for relevant land who has consented to a\nperson's fossicking request may, by written notice to the person,\nwithdraw the consent if the specified person reasonably believes:\n(a) the person has contravened requirements or conditions under\nthe Act relating to fossicking; or\n(b) the person's fossicking is interfering substantially with the\nspecified person's use of the land.\n(2) The specified person must give reasons for the refusal in the notice.\n(3) On receipt of the notice, the person must leave the relevant land\nwithout delay.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Offences relating to entry onto relevant land requiring notice","content":"106 Offences relating to entry onto relevant land requiring notice\n(1) A person commits an offence if the person:\n(a) has entered relevant land mentioned in regulation 98(1) to\nfossick on the land; and\n(b) has not given a fossicking notice to the specified person for\nthe land.\n(2) A person commits an offence if the person:\n(a) has given a fossicking notice to the specified person for\nrelevant land; and\nfossicking notice or as agreed with the specified person.\n(3) Strict liability applies to subregulation (2)(a).\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Offences relating to entry onto or remaining on relevant land","content":"107 Offences relating to entry onto or remaining on relevant land\nrequiring consent\n(1) A person commits an offence if:\nregulation 98(2) to fossick on the land; and\n\nMineral Titles Regulations 2011 59\n(b) the specified person for the land:\n(i) has given the person a notice of refusal under\nregulation 104(1); or\n(ii) has not responded to the person's fossicking request.\n(2) However, a person does not commit an offence against\nsubregulation (1) if:\n(a) the relevant land is:\n(i) a park or reserve; or\n(ii) private land or pastoral land and the fossicking request\nwas given to the landowner as mentioned in\nregulation 99(2)(b)(ii); and\n(b) the landowner has not responded to the request; and\n(c) the person has entered the land as authorised by section 168\n(3) A person commits an offence if:\nregulation 98(2) to fossick on the land; and\n(b) the specified person for the land has given the person:\n(i) a notice of refusal under regulation 104(1) after the\nperson's entry is authorised by section 168 of the Act; or\n(ii) a notice under regulation 105(1) withdrawing consent to\nthe person's fossicking request; and\n(c) the person does not leave the relevant land without delay.\n(4) A person commits an offence if the person:\n(a) has been given a notice by the specified person for relevant\nland consenting to the person's fossicking request; and\nrequest or as agreed with the specified person.\n\nMineral Titles Regulations 2011 60\n(5) Strict liability applies to subregulations (1)(b)(i) and (4)(a).\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Documents required to be in person's possession","content":"108 Documents required to be in person's possession\n(1) At all times when a person is on relevant land to fossick, the person\nmust have in his or her possession the following documents:\n(a) photographic identification of the person;\n(b) in relation to relevant land mentioned in regulation 98(1) –\nproof that the person gave a fossicking notice to the specified\nperson for the land;\n(c) in relation to relevant land mentioned in regulation 98(2):\n(i) if the specified person for the land consented to the\nfossicking request – the document giving consent; or\n(ii) if the fossicker has entered the land as authorised by\nsection 168 of the Act – proof that the person gave a\nfossicking request to the landowner.\n(2) The person must show the documents to any of the following\npersons who ask to see them:\n(a) the occupier or landowner of the relevant land;\n(b) if the relevant land is in the title area of a mineral title – the title\n(c) an authorised officer or police officer.\nMaximum penalty: 20 penalty units.\n(3) An offence against subregulation (2) is an offence of strict liability.\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"No extraction of more than prescribed amount","content":"109 No extraction of more than prescribed amount\n(1) For the definition fossick in section 135(2)(b) of the Act, the\nprescribed amount of a mineral is:\n(a) 100 gm of gold, including nuggets; or\n(b) 1 kg of gemstones; or\n(c) 20 kg of a mineral other than gold or gemstones; or\n(d) 100 kg of mineral bearing material; or\n\nMineral Titles Regulations 2011 61\n(e) 100 kg of ornamental stones.\n(2) A fossicker commits an offence if the fossicker extracts more than\nthe prescribed amount of a mineral from relevant land.\nMaximum penalty: 200 penalty units.\n(3) A fossicker who discovers more than the prescribed amount of gold\nmust, within 28 days after the discovery, give the Minister a notice\nabout the discovery that describes the location of the gold.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Obligations to occupier or landowner","content":"110 Obligations to occupier or landowner\n(1) A fossicker must comply with the reasonable conditions or requests\nof the occupier or landowner of the land on which he or she is\nfossicking.\n(2) The fossicker may use water conserved artificially by or for the\noccupier or landowner only with that person's consent.\n(3) A fossicker commits an offence if:\n(a) the fossicker engages in conduct; and\n(b) the conduct results in a contravention of subregulation (1)\nor (2).\n(4) This regulation does not affect the fossicker's obligation to comply\nwith other laws in force in relation to the land on which the fossicker\nis fossicking.\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Activities must relate to fossicking","content":"111 Activities must relate to fossicking\nA fossicker must not engage in any activity on relevant land that is\nunrelated to fossicking.\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"No interference with infrastructure","content":"112 No interference with infrastructure\nA fossicker must not interfere with:\n(a) infrastructure on relevant land; or\n(b) animals owned or under the control of the relevant landowner\nor occupier of the land or adjoining land.\n\nMineral Titles Regulations 2011 62\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"No interference with lawful fossicking","content":"113 No interference with lawful fossicking\nA person commits an offence if:\n(a) another person is authorised by or under the Act to enter land\nand fossick on the land (the authorised fossicker); and\n(b) the person engages in conduct to prevent the authorised\nfossicker from:\n(i) entering relevant land to fossick; or\n(ii) fossicking on relevant land.\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"Application for review of reviewable decision","content":"114 Application for review of reviewable decision\n(1) A person may apply to the Tribunal for a review of a reviewable\ndecision.\n(2) A reviewable decision is a decision made by the Minister\nmentioned in Schedule 2.\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Recommendation of Tribunal and subsequent decision","content":"115 Recommendation of Tribunal and subsequent decision\n(1) Within 2 months after conducting a proceeding relating to a review\nof a reviewable decision, the Tribunal must:\n(a) make a recommendation about the decision; and\n(b) give the parties to the proceeding a written notice of the\nTribunal's recommendation and the reasons for making it.\n(2) After considering the recommendation and reasons for making it,\nthe Minister must decide to:\n(a) reverse or vary the reviewable decision; or\n(b) confirm the reviewable decision.\n(3) In making the decision under subregulation (2), the Minister is not\nrequired to follow the recommendation.\n(4) Within 28 days after receiving the recommendation, the Minister\nmust give the applicant for the review a notice of the decision under\nsubregulation (2) and the reasons for the decision.\n\nMineral Titles Regulations 2011 63\n","sortOrder":117},{"sectionNumber":"116","sectionType":"section","heading":"General applications","content":"116 General applications\n(1) A person may apply to the Tribunal for a decision about a dispute\nrelating to preliminary exploration, a mineral title, a title area, a\nproposed title area or fossicking.\n(2) Without limiting subregulation (1), the dispute may relate to any of\nthe following:\n(a) the area, dimensions and boundaries of land being surveyed\nfor a proposed title area or title area;\n(b) the entry onto land to conduct preliminary exploration or\nfossicking, to conduct authorised activities under a mineral title\nor to construct, maintain and use infrastructure under an\naccess authority;\n(c) the use of a landowner's water by a person who is conducting\npreliminary exploration or fossicking or by the holder of a\nmineral title;\n(d) the entry onto a title area by a person other than the holder of\nthe title;\n(e) contractual obligations relating to mineral titles;\n(f) mineral rights interests.\n(3) This regulation does not apply in relation to an application\nmentioned in section 161(1) or (2) of the Act.\n","sortOrder":118},{"sectionNumber":"125","sectionType":"section","heading":"Release or publication of information","content":"125 Release or publication of information\n(1) For section 171 of the Act, this regulation provides for matters\nrelevant to the release or publication of information contained in a\nreport given under section 94 of the Act.\n(2) The Minister must not release or publish any information contained\nin an expenditure report, production report or reserves report unless\nthe information is:\n(a) a general summary of information contained in the report for a\nparticular period; or\n(b) statistics in relation to the report for a particular period.\n\nMineral Titles Regulations 2011 64\n(3) The Minister may release or publish information contained in an\nannual report or final report in a way the Minister considers\nappropriate, as follows:\n(a) for an annual report:\n(i) if the mineral title to which the report relates ceases to\nbe in force – at any time after the cessation; or\n(ii) otherwise – at any time after the end of 5 years following\nthe date on which the report was given;\n(b) for a final report – at any time after the report is given.\n(4) However, the Minister may release or publish information contained\nin an annual report earlier than is specified in subregulation (3)(a) if\nthe holder of the mineral title gives written consent to the earlier\nrelease or publication.\n(5) Also, the Minister may release or publish information contained in\nan annual report earlier than is specified in subregulation (3)(a)(ii) if:\n(a) the information is included in an amalgamated report for\nannual reports; and\n(b) one of the mineral titles to which the amalgamated report\nrelates has ceased to be in force for all or part of the title area\nof that title; and\n(c) the title holder has not given a final report relating to the title\narea on or before the reporting day for the title.\n","sortOrder":119},{"sectionNumber":"126","sectionType":"section","heading":"Copyright – authorisation of publication","content":"126 Copyright – authorisation of publication\n(1) This regulation applies to a person (the relevant person) who is\nrequired to give the Minister an airborne survey report, an annual\nreport or a final report.\n(2) If the copyright in part of the report is owned by another person, the\nrelevant person must take all reasonable steps to obtain the other\nperson's written authority for the publication of the information\ncontained in that part.\n(3) In the report, the relevant person must:\n(a) if the relevant person owns the copyright in all or part of the\nreport:\n(i) include a statement about that person's ownership of\ncopyright; and\n\nMineral Titles Regulations 2011 65\n(ii) if the statement relates to part of the report – clearly\nidentify that part; and\n(iii) authorise the Minister to publish information in which the\ncopyright subsists; and\n(b) if another person owns the copyright in part of the report:\n(i) include in the report a statement about the other\nperson's ownership of copyright; and\n(ii) clearly identify the part of the report in which the\ncopyright subsists; and\n(iii) state whether or not the other person has authorised the\npublication of the information contained in that part; and\n(iv) if the other person has not authorised the publication –\nbriefly describe the steps taken to obtain the\nauthorisation.\n(4) In this regulation:\npublication means publication, within the meaning of the Copyright\nAct 1968 (Cth), under regulation 10 or 125.\n","sortOrder":120},{"sectionNumber":"127","sectionType":"section","heading":"Requirement for geological samples","content":"127 Requirement for geological samples\n(1) The Minister may require the holder of a mineral title to give the\nMinister a geological sample at any time during the term of the title.\n(2) Subregulation (1) applies in relation to the holder of an EL, ELR or\nEMEL in addition to the condition under section 93(3) of the Act, as\nmentioned in regulation 89(3).\nExample for subregulation (2)\nThe Minister may require the holder of an EL to give the Minister a drill core\nrecovered from the title area before the work mentioned in regulation 89(3)(c) has\nceased, but the title holder must give all other geological samples in compliance\nwith the condition under section 93(3) of the Act.\n","sortOrder":121},{"sectionNumber":"128","sectionType":"section","heading":"Examination and analysis of geological samples","content":"128 Examination and analysis of geological samples\n(1) Subject to subregulation (3), a geological sample given to the\nMinister under section 93(3) of the Act or regulation 127 is available\nfor examination by any person.\n\nMineral Titles Regulations 2011 66\n(2) The Minister may release a geological sample for examination as\nfollows:\n(a) for a geological sample recovered from the title area of an EL\nor ELR – only if regulation 125 authorises the Minister to\nrelease or publish information contained in the relevant annual\nreport;\n(b) for any other geological sample – at any time.\n(3) For subregulation (2)(a), the relevant annual report is the annual\nreport for the operational year in which the holder of the EL or ELR:\n(a) recovered the geological sample; and\n(b) was required to notify the recovery under section 93(1) of\n(4) Despite subregulation (2)(a), the Minister may release a geological\nsample for examination earlier than specified if the holder of the EL\nor ELR gives written consent to the earlier release.\n(5) A person may apply, in the approved form, to the Minister for\nconsent to remove part of a geological sample for analysis.\n(6) The Minister must not refuse the application unless there are\ncircumstances to justify the refusal.\n","sortOrder":122},{"sectionNumber":"129","sectionType":"section","heading":"No refund of fees on cancellation","content":"129 No refund of fees on cancellation\nA title holder is not entitled to a refund of any part of a fee paid for a\nmineral title during an operational year if the mineral title is\ncancelled for all or part of the mineral title.\n","sortOrder":123},{"sectionNumber":"130","sectionType":"section","heading":"Circumstances when rent to be refunded","content":"130 Circumstances when rent to be refunded\nUnless a regulation states otherwise, the Minister must refund to a\ntitle holder any excess rent paid for a mineral title if:\n(a) before a reduction or decision under section 29 of the Act took\neffect – the title holder had paid rent for a larger title area than\nexists after the reduction or decision; or\n(b) for another reason, including an error in calculation – the title\nholder has paid more than the amount required.\n\nMineral Titles Regulations 2011 67\n","sortOrder":124},{"sectionNumber":"131","sectionType":"section","heading":"Fee payable if report not given on or before reporting day","content":"131 Fee payable if report not given on or before reporting day\n(1) This regulation applies if a person is required by a regulation to give\nthe Minister one of the following reports:\n(a) an airborne survey report;\n(b) an annual report, expenditure report or final report;\n(c) an amalgamated report.\n(2) If the person does not give the report on or before the reporting day\nfor the report, the person must pay a late lodgment fee for each\nweek or part of a week of the late lodgment period, as specified in\nSchedule 1, Part 5.\n(3) The Minister must give the person a late lodgment notice stating:\n(a) the requirement mentioned in subregulation (2); and\n(b) if the title holder does not pay the late lodgment fee, the\nunpaid amount is a debt owing to the Territory.\n(4) The late lodgment notice must:\n(a) include details of the late lodgment period for the report; and\n(b) specify the amount of the late lodgment fee payable by the\nperson for each week or part of a week of the late lodgment\nperiod; and\n(c) be given:\n(i) by registered post; or\n(ii) if the contact details of the person given the notice\ninclude an email address – by email.\n(5) Despite subregulations (2) and (3), the Minister may waive the late\nlodgment fee, but only if satisfied the person has a reasonable\nexcuse for not giving the report on or before the reporting day.\n\nMineral Titles Regulations 2011 68\n","sortOrder":125},{"sectionNumber":"132","sectionType":"section","heading":"Refusal to accept existing application","content":"132 Refusal to accept existing application\n(1) The Minister may refuse to accept an existing application for the\ngrant of an existing interest made before the commencement day if\nthe Minister:\n(a) had not started to consider the details or merits of the\napplication before the commencement day; or\n(b) reasonably considers the application to contain insufficient or\nincorrect information.\n(2) The Minister need not refund to the applicant the fee paid with the\n(3) However, the Minister must refund to the applicant:\n(a) rent that accompanied the application; and\n(b) a payment made for advertising costs if those costs have not\nbeen incurred.\n","sortOrder":126},{"sectionNumber":"133","sectionType":"section","heading":"Corresponding application – grant of ML","content":"133 Corresponding application – grant of ML\n(1) If, immediately before the commencement day, there was in force a\nnotice mentioned in section 61(2) of the repealed Act in relation to\nan existing application for the grant of a mineral lease:\n(a) the notice continues in force only to the extent that it\nauthorises the applicant to occupy and use the land to which\nthe application relates; and\n(b) the applicant is not required to survey the land.\n(2) As soon as practicable after the commencement day, the Minister\nmust grant an ML to the applicant.\n","sortOrder":127},{"sectionNumber":"134","sectionType":"section","heading":"Grant of existing interest – no corresponding application","content":"134 Grant of existing interest – no corresponding application\n(1) This regulation applies in relation to an existing application for the\ngrant of an existing interest mentioned in section 200(1)(a) of the\nAct.\n\nMineral Titles Regulations 2011 69\n(2) The Minister may:\n(a) after consulting with the applicant:\n(i) accept withdrawal of the application and refund to the\napplicant the fee and rent paid for the application; or\n(ii) accept withdrawal and also accept for consideration an\napplication under Part 3 or 4 of the Act or section 118 of\nthe Act (a new application), as relevant, for a mineral\ntitle appropriate for the activities the applicant intends to\nconduct; or\n(b) refuse to consider the application and refund to the applicant\nthe fee and rent paid for the application.\n(3) Subregulation (2)(a)(ii) applies to the acceptance of a new\napplication even if Part 4, Division 3 would otherwise prevent the\nacceptance.\n(4) For subregulation (2)(a)(ii):\n(a) the new application is taken to have been made on the same\nday and at the same time as the withdrawn existing\napplication; but\n(b) the fee payable for the new application is as specified in\nSchedule 1, Part 1 and rent payable for the title area specified\nin the new application is as specified in Schedule 1, Part 2.\n(5) However, the fee and rent payable by the applicant in connection\nwith the new application must be adjusted to take into account the\nfee and rent paid by the applicant in connection with the existing\n","sortOrder":128},{"sectionNumber":"135","sectionType":"section","heading":"Renewal of existing interest – no corresponding application","content":"135 Renewal of existing interest – no corresponding application\n(1) This regulation applies in relation to an existing application for the\nrenewal of a non-compliant existing interest mentioned in\nsection 200(1)(b) of the Act.\n(2) The non-compliant existing interest continues in force until the\nMinister takes an action mentioned in section 204(3) of the Act,\neven if the term for which the interest was granted expires before\nthe action is taken.\n(3) During the period the non-compliant existing interest is in force\nunder subregulation (2), it has effect as if the repealed Act were still\nin force.\n\nMineral Titles Regulations 2011 70\n","sortOrder":129},{"sectionNumber":"136","sectionType":"section","heading":"Refunds if existing application for grant of existing interest","content":"136 Refunds if existing application for grant of existing interest\nrefused\n(1) This regulation applies if the Minister refuses to grant a mineral title\nto a person who made an existing application for the grant of an\nexisting interest mentioned in section 199 or 200 of the Act.\n(2) The Minister need not refund to the applicant the fee paid with the\n(3) However, the Minister must refund to the applicant:\n(a) rent that accompanied the application; and\n(b) a payment made for advertising costs if those costs have not\nbeen incurred.\n","sortOrder":130},{"sectionNumber":"137","sectionType":"section","heading":"Conversion of non-compliant title to another mineral title","content":"137 Conversion of non-compliant title to another mineral title\n(1) This regulation applies if the Minister converts a non-compliant title\nto another mineral title after making a decision under\nsection 203(3)(c) of the Act.\n(2) The Minister must issue the holder of the non-compliant title with a\nmineral title to replace that title.\n(3) The Minister may:\n(a) include in the replacement title the conditions the Minister\nconsiders appropriate; and\n(b) specify in the replacement title that particular provisions of the\nAct or these Regulations do not apply in relation to the title.\n","sortOrder":131},{"sectionNumber":"138","sectionType":"section","heading":"Conversion of non-compliant existing interest to appropriate","content":"138 Conversion of non-compliant existing interest to appropriate\nmineral title\n(1) If the Minister converts a non-compliant existing interest to a\nmineral title after making a decision under section 204(3)(a) of the\nAct, the Minister must issue the holder of the existing interest with a\nmineral title to replace the interest.\n(2) The Minister may:\n(a) include in the mineral title the conditions the Minister\nconsiders appropriate; and\n\nMineral Titles Regulations 2011 71\n(b) specify in the title that particular provisions of the Act or these\nRegulations do not apply in relation to the title.\n","sortOrder":132},{"sectionNumber":"139","sectionType":"section","heading":"Conversion of mineral claim to EL","content":"139 Conversion of mineral claim to EL\n(1) This regulation applies if the Minister converts a mineral claim or\nmineral lease to an EL (the converted EL) after making a decision\nunder section 204(3)(a) of the Act.\n(2) The converted EL is taken to have been in force for 6 years on the\nday the Minister issues the EL under regulation 138(1) and, subject\nto this Part, the Act and these Regulations apply accordingly.\n(3) If the title area of the converted EL is within the title area of an EL\nheld by another person (the original EL):\n(a) the title area of the converted EL is removed from the title area\nof the original EL; and\n(b) the Minister must vary the original EL accordingly and give the\ntitle holder a notice of the variation.\n(4) If a person holds 2 or more mineral claims or mineral leases with\nadjoining boundaries, the Minister may issue one EL for the entire\narea of land to which the mineral claims or mineral leases relate.\n","sortOrder":133},{"sectionNumber":"140","sectionType":"section","heading":"Renewal of non-compliant existing interest continued in force","content":"140 Renewal of non-compliant existing interest continued in force\n(1) This regulation applies if the holder of a non-compliant existing\ninterest continued in force under section 204(2) of the Act intends to\nrenew the interest before the Minister has taken an action\nmentioned in section 204(3) of the Act in relation to the interest.\n(2) The holder may apply to the Minister for renewal of the interest, and\nthe Minister may renew the interest, as if the repealed Act were still\nin force.\n(3) Section 204(2) to (5) of the Act apply in relation to the renewed\ninterest.\n","sortOrder":134},{"sectionNumber":"141","sectionType":"section","heading":"Payment of rent for converted mineral title","content":"141 Payment of rent for converted mineral title\n(1) Rent is payable for a converted EL as follows:\n(a) until the day on which the EL is renewed or ceases to be in\nforce – as if the repealed Act were still in force;\n(b) if the EL is renewed – in accordance with regulation 77.\n\nMineral Titles Regulations 2011 72\n(2) Rent is payable for any other converted mineral title in accordance\nwith regulation 77 for an operational year that starts on or after the\ncommencement day.\n","sortOrder":135},{"sectionNumber":"142","sectionType":"section","heading":"Payment of rent for non-compliant existing interest","content":"142 Payment of rent for non-compliant existing interest\n(1) Rent is payable for a non-compliant existing interest in accordance\nwith the repealed Act for the period the existing interest continues in\nforce, as mentioned in section 204(2) of the Act, until the Minister\ntakes action under section 204(3) of the Act.\n(2) If the Minister converts the non-compliant existing interest to a\nmineral title:\n(a) rent is payable for the mineral title under regulation 77 from\nthe day the title is issued; and\n(b) the holder of the non-compliant existing interest must pay the\nrent and any other fee in connection with the mineral title\nbefore the Minister may issue the title; and\n(c) the Minister must take into account rent already paid for the\nnon-compliant existing interest and adjust the rent payable\nunder regulation 77 accordingly.\n(3) If the Minister does not convert the non-compliant existing interest\nto a mineral title, but takes an action mentioned in section 204(3)(b)\nto (d) of the Act, the Minister may refund to the former holder of the\nexisting interest the amount of rent paid for the remaining period of\nthe current rental period for the interest.\nDivision 2 Northern Territory Civil and Administrative\nTribunal (Conferral of Jurisdiction Amendments)\n(No. 2) Act 2014\n","sortOrder":136},{"sectionNumber":"143","sectionType":"section","heading":"Definitions","content":"143 Definitions\nIn this Division:\ncommencement means the commencement of Part 14 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) these Regulations;\n(b) the Lands, Planning and Mining Tribunal Act 1998.\n\nMineral Titles Regulations 2011 73\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.\nnew legislation means the following as in force after the\ncommencement:\n(a) these Regulations;\n(b) the Northern Territory Civil and Administrative Tribunal\nAct 2014.\n","sortOrder":137},{"sectionNumber":"144","sectionType":"section","heading":"Review of Minister's decision notified before commencement","content":"144 Review of Minister's decision notified before commencement\n(a) before the commencement, the Minister had given a person a\nreview notice for a reviewable decision; and\n(b) one of the following circumstances applies:\n(i) immediately before the commencement, the review\nperiod for the decision had not expired and the person\nhad not applied for a review of the decision;\n(ii) before the commencement, the person had applied for a\nreview of the decision and the proceeding for the review\nhad not been decided.\n(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the\nformer legislation continues to apply in relation to the entitlement of\nthe person to apply for a review of the decision within the review\nperiod.\n(3) The former legislation continues to apply in relation to the functions\nand powers of the former Tribunal in conducting and deciding a\nproceeding for the review regardless of whether the proceeding:\n(a) was being conducted before the commencement; or\n(b) is started after the commencement within the review period.\n(4) In this regulation:\nreview period means the period within which a person given a\nreview notice is entitled to apply for a review of, or to appeal\nagainst, the reviewable decision mentioned in the notice.\n\nMineral Titles Regulations 2011 74\n","sortOrder":138},{"sectionNumber":"145","sectionType":"section","heading":"Minister's decision made after commencement","content":"145 Minister's decision made after commencement\n(a) a person had made an application to the Minister for a\nreviewable decision before the commencement; and\n(b) the Minister decides the application after the commencement.\n(2) The new legislation applies in relation to:\n(a) giving notice of the reviewable decision; and\n(b) a person's entitlement to apply for a review of the decision.\n","sortOrder":139},{"sectionNumber":"146","sectionType":"section","heading":"Application made to former Tribunal","content":"146 Application made to former Tribunal\n(1) This regulation applies if, before the commencement:\n(a) a person had made an application to the former Tribunal\nunder the former legislation; and\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.\n(3) The person may appeal to the Supreme Court against the decision\nof the Tribunal only on a question of law.\n\nMineral Titles Regulations 2011 75\n","sortOrder":140},{"sectionNumber":"Part 1","sectionType":"part","heading":"Fees payable for applications","content":"Part 1 Fees payable for applications\nregulation 46(1)\nSection of Act Application Fee (revenue units)\n27(1) grant of EL 350\n29(4) no reduction, lesser reduction or\ndeferral of reduction of title area\nof EL\n33(1) designation of ELR 200\n41(1) grant of ML 750\n47(1) grant of EMEL 200\n51(1) grant of EMP 200\n55(1) grant of EML 500\n62(1) a second or subsequent\napplication for consent to enter into\nnegotiations under Part IV of the\nALRA with a Land Council, made\nbecause of the withdrawal or lapse\nof the previous consent\n84(2) grant of an access authority 200\n100(3)(b) variation of expenditure condition\nfor project area\nany other variation of condition 100\n118(1) or 119 an application relating to an MA the same fee as is\npayable for the\nsame type of\napplication for the\ncorresponding title\n\nMineral Titles Regulations 2011 76\n","sortOrder":141},{"sectionNumber":"Part 2","sectionType":"part","heading":"Rent payable for title areas","content":"Part 2 Rent payable for title areas\nregulation 77(1)\nMineral title Annual rent payable for title area\nEL 1st operational year – 31 revenue units per block\n2nd operational year – 31 revenue units per block\n3rd operational year – 62 revenue units per block\n4th operational year – 62 revenue units per block\n5th operational year – 125 revenue units per block\n6th operational year – 125 revenue units per block\nEach subsequent operational year – 175 revenue units\nper block\nELR 18 revenue units per hectare\nML 18 revenue units per hectare\nEMEL 31 revenue units per block\nEMP 54 revenue units per hectare on which authorised\nactivities (excluding activities for rehabilitation of the land)\nare being conducted\n10 revenue units per hectare on which rehabilitation is\nbeing carried out under the Environment Protection\nAct 2019 and on which all other authorised activities have\nceased\nEML 225 revenue units per hectare\n\nMineral Titles Regulations 2011 77\n","sortOrder":142},{"sectionNumber":"Part 3","sectionType":"part","heading":"Administration fee for mineral titles","content":"Part 3 Administration fee for mineral titles\nregulation 77(3)\nMineral title Annual administration fee (revenue units)\npayable for each operational year\nEL 250\nELR 200\nML 200\nEMP 100\nEML 200\nPart 4 Fees payable in relation to register\nregulation 97\nMatter Fee (revenue units)\nInspecting register under section 121(5) of Act 7 for each full or\npart period of\n15 minutes\nCopy of information in register under section 121(5)\nof Act\n.20 for each page\nApplication under section 123(1) of Act for approval\nand registration of transfer of mineral rights interest\nApplication under section 124(1) of Act for\nregistration of devolution of mineral rights interest\nApplication under section 125(1) of Act for\nregistration of general dealing\nApplication under section 128(1) of Act for Minister's\ncertificate\nLodgment of caveat under section 131(1) of Act 20\nLodgment of notice of continuation of caveat under\nsection 134(3)(a) of Act\n\nMineral Titles Regulations 2011 78\n","sortOrder":143},{"sectionNumber":"Part 5","sectionType":"part","heading":"Late lodgment fee and late lodgment period","content":"Part 5 Late lodgment fee and late lodgment period\nregulation 131\nAirborne survey report\nThe late lodgment period for an airborne survey report is the period that starts\non the day after the reporting day and ends on the earliest of the following:\n(b) the day after the expiry of 60 days.\nThe late lodgment fee is 50 revenue units for each week or part of a week of\nthe late lodgment period.\nAnnual report, expenditure report or final report\nThe late lodgment period for an annual report, expenditure report or final\nreport is the period that starts on the day on the day after the reporting day\nand ends on the earliest of the following:\n(b) the day on which the Minister cancels the mineral title to which the\nreport relates for a contravention of section 95(1) of the Act;\n(c) the day after the expiry of 60 days.\nThe late lodgment fee is 100 revenue units for each week or part of a week of\nthe late lodgment period.\nAmalgamated report\nThe late lodgment period for an amalgamated report is the period that starts\non the day on the day after the reporting day and ends on the earliest of the\nfollowing:\n(b) the day on which the Minister cancels one or all of the mineral titles to\nwhich the report relates for a contravention of section 95(1) of the Act;\n(c) the day after the expiry of 60 days.\nThe late lodgment fee is:\n(a) if the amalgamated report is for 2 to 4 mineral titles – 150 revenue units\nfor each week or part of a week of the late lodgment period; or\n(b) if the amalgamated report is for 5 to 9 mineral titles – 200 revenue units\nfor each week or part of a week of the late lodgment period; or\n(c) if the amalgamated report is for 10 or more mineral titles – 250 revenue\nunits for each week or part of a week of the late lodgment period.\n\nMineral Titles Regulations 2011 79\nregulation 117\nSection 70(1) or (2) of the Act – a refusal of a mineral title application\nSection 126(4) of the Act – a refusal of an application under Part 7, Division 1\nof the Act\nSection 203(3)(c)(v) of the Act – a decision to convert a corresponding mineral\ntitle to another type of title, but only in relation to the part of the decision about\nthe type of title to which it is to be converted\nSection 204(4)(d) of the Act – a decision under section 204(3)(a) of the Act to\nconvert a non-compliant existing interest to a mineral title, but only in relation\nto the part of the decision about the type of title to which the existing interest is\nto be converted\n\nMineral Titles Regulations 2011 80\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 Regulations (SL No. 39, 2011)\nNotified 31 August 2011\nCommenced 7 November 2011 (r 2, s 2 Mineral Titles Act 2010 (Act\nNo. 27, 2010) and Gaz G41, 12 October 2011, p 5)\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)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\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)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n\nMineral Titles Regulations 2011 81\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 of 2018) to: rr 1, 2, 3, 5, 11, 42, 44, 79 and\n143 and sch 1.\n4 LIST OF AMENDMENTS\npt 1 hgd ins Act No. 10, 2018, s 6\nr 3 amd Act No. 35, 2014, s 87\nrr 4A – 4B ins Act No. 34, 2023, s 237\nr 42 amd Act No. 3, 2026, s 64\nr 44 amd Act No. 34, 2023, s 238\nr 44A ins Act No. 34, 2023, s 239\nr 79 rep Act No. 34, 2023, s 240\nr 110 amd Act No. 3, 2026, s 64\npt 10 hdg sub Act No. 35, 2014, s 88\ndiv 1 hdg rep Act No. 35, 2014, s 88\nrr 114 – 116 rep Act No. 35, 2014, s 88\ndiv 2 hdg rep Act No. 35, 2014, s 88\nrr 117 – 122 rep Act No. 35, 2014, s 88\ndiv 3 hdg rep Act No. 35, 2014, s 88\nrr 123 – 124 rep Act No. 35, 2014, s 88\ndiv 1 hdg sub Act No. 35, 2014, s 89\ndiv 1\nsdiv 1 hdg ins Act No. 35, 2014, s 89\ndiv 2 hdg amd Act No. 35, 2014, s 90\ndiv 3 hdg amd Act No. 35, 2014, s 91\ndiv 2 hdg ins Act No. 35, 2014, s 92\nrr 143 – 146 ins Act No. 35, 2014, s 92\nsch amd Act No. 34, 2023, s 241","sortOrder":144}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no clear indication that the scope of these regulations has shifted from their original intent of providing administrative and procedural rules for mineral title applications and management in the Northern Territory. The 2011 origin date and the 2026 reprint likely reflect incremental updates rather than a fundamental change in purpose."},"complexity_factors":["Regulations are subordinate legislation that must be read alongside the parent Mineral Titles Act, requiring cross-referencing between two instruments","Mining law involves specialist technical concepts (e.g. work program expenditure commitments, relinquishment requirements, title hierarchies) that are difficult for laypeople","Multiple title types (exploration licences, mineral leases, retention licences, etc.) each carry different rules and obligations","Interaction with other legal regimes including Aboriginal land rights legislation, environmental approvals, and native title — adding layers of complexity","Fee structures and prescribed forms can change across reprints, requiring careful attention to the current version","The metadata provided is incomplete (e.g. no Gazette details, no maker listed), making it difficult to pinpoint the precise operative provisions without the full text","The 2026 commencement date for this reprint suggests recent amendments whose specific changes are not apparent from the metadata alone"],"plain_english_summary":"## Mineral Titles Regulations 2011 (NT)\n\nThese are the detailed rules that sit beneath the Mineral Titles Act and govern how people apply for, manage, and deal with **mining titles** in the Northern Territory — that is, the legal permissions that allow someone to explore for or mine minerals on a piece of land.\n\n**Who does this affect?**\n- Mining companies and individual prospectors seeking licences to explore or extract minerals\n- Landowners (including Aboriginal land owners) whose land may be subject to a mining title\n- The NT Department of Mining and Energy, which administers the system\n- Anyone who wants to object to, transfer, or renew a mining title\n\n**What do these regulations cover?**\nTypically, regulations like these set out the practical nuts and bolts, including:\n- How to fill in and lodge applications for different types of mineral titles (e.g. exploration licences, mining licences)\n- What fees must be paid and when\n- What work or expenditure is required to keep a title active\n- How titles can be transferred, renewed, surrendered, or cancelled\n- Reporting obligations for titleholders\n- How objections and disputes are handled\n\n**Why does it matter?**\nWithout complying with these regulations, a company or individual could lose their mining rights — even if they hold a valid title in principle. The rules also protect landholders and the environment by ensuring titleholders meet ongoing obligations.\n\n**Note:** The commencement date shown is **10 February 2026**, suggesting this reprint or a significant amendment comes into force on that date. Anyone currently operating under a mineral title in the NT should check whether their obligations have changed."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"These Regulations implement and specify procedures, standards, fees and penalties authorised by the Mineral Titles Act 2010. They prescribe operational detail (application forms, notice periods, technical survey standards, reporting requirements, fees and late‑lodgement penalties) but do not, on their face, expand the substantive scope of rights or obligations beyond those the Act empowers the Minister to regulate (see reg 4 and the provisions throughout Parts 2–11 and Part 12 transitional measures)."},"complexity_factors":["Extensive cross-references to the Mineral Titles Act 2010 and other statutes, requiring readers to consult multiple instruments (see reg 3 definitions and Part 12 transitional provisions).","Many procedural permutations by title type (EL, ELR, ML, EMEL, EMP, EML, MA) with different technical and fee rules (throughout Parts 3–6 and Schedule 1).","Multiple notice, consent and timing rules that vary by land classification (pastoral, private, Aboriginal, reserved) and activity (exploration, fossicking) (regs 11–19, 98–107).","Numerous technical surveying and reporting specifications (boundary markers, datum posts, GDA94 coordinates to <1 m, multiple report types and formats) (regs 38–43, 78–88).","Significant Ministerial discretion across approvals, waivers, alternative methods and conversion or cancellation of interests (regs 6(3), 37, 60(3)–(6), 77(8), 137–139).","Multiple offence provisions with differing penalties and some strict liability offences (regs 7–8, 21–28, 106–113), raising compliance risk and enforcement complexity.","Detailed fee and rent schedules with conditional variations and late-lodgement fee structures (reg 77, reg 131, Schedule 1 Parts 2 and 5).","Transitional rules that preserve or convert legacy interests and interact with the Tribunal regime, adding temporal complexity (Part 12, regs 132–146)."],"plain_english_summary":"# What these Regulations do (mechanical effects)\n\n- These Regulations set out the detailed procedures, standards, fees and offences that apply to mineral titles under the Mineral Titles Act 2010. They do not replace the Act; they fill in how the Act operates in practice (see reg 3 definitions and reg 4 application to MAs).\n\n- They regulate preliminary exploration (including approved airborne geoscientific surveys), entry onto land, notices and consent procedures, surveying standards, applications for and grants of different types of mineral titles, amalgamations, surrenders and cancellations, rights and conditions attached to titles, rent and administrative fees, reporting and record-keeping, fossicking, review and dispute procedures, and transitional arrangements (see Parts 2–12 and Schedule 1).\n\n# Who it affects\n\n- Applicants for mineral titles and existing title holders, who must meet application criteria, pay fees and rent, give reports and comply with conditions (regs 44–46, 60–62, 77–88, Schedule 1).\n- Landowners and occupiers (including pastoral, private and Aboriginal land interests) who must be given notices or asked for consent before exploration or fossicking on their land (regs 11–19, 71, 100–105).\n- Persons conducting surveys, airborne surveys or preliminary exploration, who must follow application, survey and reporting rules and carry required documentation (regs 6–10, 36–43, 16–23).\n- The Minister, who makes approvals, sets conditions, may waive fees, authorises publication of data, and exercises cancellation and conversion powers (examples: regs 6(3), 37, 60(3)–(6), 77(8), 10, 125–131, 137–139).\n- The Tribunal, which reviews specified Ministerial decisions and decides certain disputes (regs 114–116, Schedule 2; transitional regs 144–146).\n\n# How it works (key mechanics and obligations)\n\n- Airborne surveys: must be approved in advance (apply in approved form, allow >30 days; approval valid up to 6 months), run to conditions, and the operator must give an airborne survey report within 12 months (regs 6–9). The Minister may publish survey information after stated time periods unless the operator consents to earlier release (reg 10).\n\n- Notices and consent for preliminary exploration and fossicking: the Regulations prescribe who is the \"specified person\" and what information notices/requests must contain (regs 11–19, 98–103). Minimum notice periods are set (e.g. 14 days for many exploration requests, 7 days for fossicking notices) and failure to comply carries prescribed penalties (regs 16(2)–(3), 100(2)–(3), 21, 106–107).\n\n- Surveys and boundary work: the Regulations set technical specifications for surveys, boundary markers, datum posts, clearing, accuracy (latitude/longitude in GDA94 to <1 m), and when licensed surveyors must be used (regs 30–43).\n\n- Applications and grant process: the Regulations prescribe necessary criteria for applicants (including rehabilitation, fees and fit-and-proper-person matters — regs 44, 44A), required application content (regs 4A), fees and non-refund rules (regs 46–47, Schedule 1), payment timelines for rent and security before grant (reg 60), and how grants interact with existing titles (regs 61–62).\n\n- Rights under granted titles: entry/occupation rights, limits on activities near buildings or infrastructure on pastoral land, priority rules for overlapping titles (who may exclude whom), and requirements to obtain landowner consent for access authorities to private/Aboriginal land (regs 71–76, 76(2)–(4)).\n\n- Reporting, samples and records: title holders must give annual, expenditure, production, reserves and final reports on specified timeframes and in specified form (regs 78–86, 87–88). Geological samples must be stored and, in some cases, supplied to the Minister; copyright and publication authorisations are addressed (regs 89, 125–126, 127–128).\n\n- Fees, rent and late lodgement penalties: annual rents and administration fees are set in Schedule 1 (reg 77 and Schedule 1 Parts 2–3). Late lodgement fees apply for late reports and are specified by type and period in Schedule 1 (reg 131 and Schedule 1 Part 5).\n\n- Enforcement and offences: the Regulations list numerous offences and maximum penalties (e.g. conducting unapproved airborne surveys, failing notice/consent rules, interfering with infrastructure, extracting more than prescribed fossicking amounts) and specify strict liability for some contraventions (see regs 7–8, 21–28, 109 and others).\n\n- Ministerial discretion and administrative steps: the Minister has multiple discretions (approve or refuse proposals, set conditions, waive fees, require security or surveys, convert non-compliant interests, publish information after time limits). The Tribunal can review specified decisions and make recommendations (regs 6(3), 37, 60(3)–(6), 77(8), 137–139, 114–116, Schedule 2).\n\n# Who pays, who decides, and behaviour changes (incentives and costs)\n\n- Who pays: applicants and title holders pay application fees, advertising costs, rent and administration fees (regs 46–47, 77; Schedule 1). Operators pay for surveys, reports, boundary marking and compliance activities (regs 36–43, 78–88). Late lodgement fees and penalties are charged to the non‑complying party (reg 131, Schedule 1 Part 5). Title holders bear costs associated with rehabilitation required under environmental law (reg 44(1)(a)(ii)).\n\n- Who decides: the Minister is the central decision-maker for approvals, conditions, waivers and cancellations (multiple provisions). The Tribunal reviews specified Ministerial decisions and resolves certain disputes (regs 114–116, Schedule 2).\n\n- Incentives and compliance costs: the Regulations create incentives to lodge complete, timely reports and to maintain survey and boundary standards (reporting deadlines, late lodgement fees, accuracy and boundary maintenance obligations — regs 42, 43, 86, 131). They also impose transaction costs on exploration activity through notice/consent requirements (regs 16–19, 100–105), surveying obligations (regs 30–43) and potential security or rent payments before title grants (reg 60). Title-holders gain exclusive rights (subject to overlapping rules in regs 74–75), but must comply with environmental rehabilitation obligations and reporting.\n\n# Trade-offs, discretion and implementation risks (source‑grounded)\n\n- Discretion concentration: several important outcomes (approval/refusal, waivers, alternative survey methods, conversion of non-compliant interests) rest with the Minister (e.g. regs 6(3), 37, 60(3)–(6), 137–139, 77(8)). The Tribunal performs judicial review for a limited set of decisions (regs 114–116, Schedule 2).\n\n- Compliance burden: obligations are detailed and technical — survey accuracy (<1 m), boundary marker standards, multiple report types and deadlines, storage and surrender of geological samples, and specified notice/consent forms (regs 38–43, 78–88, 89, 125–131, regs 16–19, 100–103). These create measurable administrative costs and require technical capability.\n\n- Opportunity costs: time and resources devoted to meeting notice, survey and reporting requirements (including potential need for licensed surveyors in some cases — regs 30–33, 35, 65) reduce time available for exploration or production.\n\n- Concentrated benefits vs diffuse costs: holders of granted titles obtain exclusive rights and potential economic upside; administrative fee and rent collections are routine public revenues (reg 77 and Schedule 1). The Regulations specify refund rules in particular circumstances (regs 47, 64(3), 130, Part 12 transitional provisions).\n\n# Source references (selected)\n\n- Airborne surveys and reports: regs 6–10.  \n- Notices and consent for preliminary exploration: regs 11–23 (esp. 16–19).  \n- Survey standards and boundary marking: regs 30–43.  \n- Application criteria and fit-and-proper person: regs 44–45 and 44A.  \n- Grant and payment procedures: regs 60–62.  \n- Amalgamation, surrender and cancellation: regs 63–70.  \n- Entry/occupation rights and overlapping titles: regs 71–76.  \n- Rent, fees, reports and late lodgement penalties: reg 77; regs 78–88; reg 131; Schedule 1.  \n- Publication and copyright of reports; geological samples: regs 125–128.  \n- Fossicking rules: Part 9 (regs 98–113).  \n- Reviewable decisions and Tribunal process: regs 114–116 and Schedule 2.  \n- Transitional arrangements and conversion of existing interests: Part 12 (regs 132–146)."},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3483},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulations have expanded significantly beyond their original 2011 administrative framework. Amendments in 2023 introduced 'fit and proper person' tests (regulation 44A) assessing directors' environmental and criminal histories, plus detailed technical work program requirements (regulations 4A–4B). The 2014 amendments restructured tribunal review processes. These changes reflect a shift from simple procedural rules to a comprehensive governance regime incorporating character integrity testing, enhanced environmental compliance, and modernised dispute resolution."},"complexity_factors":["Approximately 35 defined terms in the interpretation section (regulation 3), with additional specialist terms (e.g., 'relevant land', 'specified person') redefined contextually in different Parts","Extensive cross-referencing to primary legislation (Mineral Titles Act 2010) and external statutes (Aboriginal Land Rights Act, Native Title Act, Crown Lands Act, Corporations Act)","Nested conditional logic for land access: different notice/consent requirements apply depending on whether land is pastoral, Aboriginal, Native Title, private, reserved, or already under a mineral title","Prescriptive technical surveying specifications (regulations 38–42) including exact measurements for boundary markers (1m height, 100mm diameter), trench dimensions, and coordinate systems (GDA94)","Six distinct mineral title types (EL, ELR, ML, EMEL, EMP, EML) each with unique rent structures, reporting timelines, and survey thresholds","Strict liability offence provisions (e.g., regulations 7, 8, 21) mixed with fault-based offences, carrying penalty units up to 200","Layered transitional provisions (Part 12) governing conversion of pre-2010 mining titles, including complex rent apportionment and reporting rules for amalgamated or surrendered titles","Conditional expenditure requirements and project area amalgamations (regulations 80–82) allowing pooled spending across multiple titles subject to Ministerial approval"],"plain_english_summary":"# Mineral Titles Regulations 2011 (NT) – What You Need to Know\n\nThese regulations are the **rulebook for mining and mineral exploration in the Northern Territory**. They work alongside the Mineral Titles Act 2010 to set out who can dig or prospect for minerals, where they can do it, and what they must do to keep their rights.\n\n## Who It Affects\n- **Mining companies** wanting to explore or extract minerals (gold, copper, gravel, etc.)\n- **Landowners and occupiers** (pastoralists, Aboriginal landholders, private owners)\n- **Recreational fossickers** (people panning for gold or collecting gemstones as a hobby)\n- **The NT Government** (which administers the system)\n\n## Key Things the Rules Cover\n\n### 1. Types of Mineral \"Titles\" (Permissions)\nThe regulations create a hierarchy of permits:\n- **Exploration Licences (ELs)** – For looking for minerals. You must spend money on technical work each year and reduce your land area over time.\n- **Exploration Retention Licences (ELRs)** – For when you find something worth mining but can’t mine it yet (e.g., waiting for market prices to improve).\n- **Mineral Leases (MLs)** – For actual mining operations.\n- **Extractive Mineral titles (EMEL, EMP, EML)** – Specifically for quarries, sand, gravel, and other construction materials.\n\nEach type has different **application fees, rent, survey requirements, and reporting obligations**.\n\n### 2. Accessing Land\nYou can’t just walk onto someone’s property and start drilling. The rules set out **notice periods and consent requirements**:\n- For **pastoral land** (cattle stations), you must give 14 days’ notice and stay specific distances from homesteads (200m) and fences (50m).\n- For **Aboriginal land** and **Native Title land**, specific consent procedures apply under separate laws (the *Aboriginal Land Rights Act* and *Native Title Act*).\n- For **preliminary exploration** (basic surveys), you need approval for airborne surveys and must notify or get consent from landholders before entering, depending on the land type.\n\n### 3. Technical Requirements\n- **Surveys**: If you want a mining lease, you must survey the boundaries. The regulations specify exact details—boundary posts must be at least 1m high, 100mm thick, and include a metal component. You must clear boundary lines to 1m width.\n- **Reports**: Title holders must submit annual reports, expenditure reports (proving they spent money on exploration), and final reports when they finish. Late reports attract penalty fees.\n- **Geological Samples**: Companies must store drill cores and samples safely and hand them over to the government when required.\n\n### 4. Recreational Fossicking\nThe rules distinguish between commercial mining and hobby fossicking:\n- **Fossicking** (searching for gold/gems using hand tools) requires only 7 days’ notice on some lands, but consent on others (e.g., near pastoral homesteads or active exploration areas).\n- **Limits**: You can only take small amounts—e.g., 100 grams of gold or 1kg of gemstones.\n\n### 5. Administration and Disputes\n- **Register**: All titles and transfers are recorded in a public register.\n- **Tribunal**: Disputes about boundaries, access, or refusals can be reviewed by the Northern Territory Civil and Administrative Tribunal.\n- **Rent and Fees**: Annual rent is calculated per hectare or per \"block\" (a unit of land), with higher rates for mining leases than exploration licences.\n\n## Why It Matters\nThese regulations balance **resource development** with **landowner rights** and **environmental protection**. They ensure that:\n- Landholders know who is on their land and why.\n- Exploration data is recorded and eventually made public (after a confidentiality period).\n- Companies meet \"fit and proper person\" tests (checking their history of environmental compliance and financial integrity).\n- Old mining titles from previous laws are properly transitioned to the current system.\n\nIn short, they govern the \"paperwork and physical work\" of digging up the Northern Territory."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/mineral-titles-regulations-2011","history":"/api/acts/mineral-titles-regulations-2011/history","analysis":"/api/acts/mineral-titles-regulations-2011/analysis","conflicts":"/api/acts/mineral-titles-regulations-2011/conflicts","importantCases":"/api/acts/mineral-titles-regulations-2011/important-cases","documents":"/api/acts/mineral-titles-regulations-2011/documents"}}