The Act has broad reach. Title holders (defined in s 8) include companies and individuals over 18 (s 59) who hold any mineral title or MA. They bear the bulk of duties.

Landowners (s 14) are central: fee-simple owners, Crown lessees, Aboriginal Land Trusts, native title holders, park managers and the Conservation Land Corporation. They receive notice and consent rights before preliminary exploration (ss 19–21), fossicking (ss 138–141) or authorised activities (s 88), and are entitled to compensation for damage or loss (s 107).

Native title holders and Aboriginal land interests are protected through mandatory compliance with ALRA and NTA procedures before grant (ss 62–64, 74) and through the future act regime (s 74(2)–(3)).

The Minister (and delegated Agency officers) exercises wide discretions: grant/refusal (ss 78–79), imposition of conditions (s 85(3)), reduction of EL areas (s 29), acceptance of surrenders (s 103), cancellation (s 105), reservation of land (ss 112–115), and enforcement (ss 172–173).

Authorised officers (s 175) and environmental officers under the Environment Protection Act 2019 have entry, inspection, direction and seizure powers (ss 177–179).

The Northern Territory Civil and Administrative Tribunal hears objections, compensation claims, consent disputes and reviews (ss 21(5), 72, 78(2)(d), 110–111, 133, 161).

The public may object to grant applications after public notice (s 71–72) and may fossick in declared areas or vacant Crown land subject to rules (Part 8).

Former title holders remain liable for rehabilitation and equipment removal for three months after cessation (s 99) and may face forfeiture or additional orders on conviction (s 154).

Rights of title holders are title-specific but generally include:

• Occupation of the title area and entry with vehicles and equipment (s 80).
• Exclusive conduct of authorised activities (ss 26(1)(b), 40(1)(b), 46(1)(b), 54(1)(b)).
• Use of water in the title area (subject to the Water Act 1992) (ss 81–82).
• Construction of access roads by the shortest practicable route (s 83).
• Application for ancillary access authorities (s 84).
• Transfer of interests only by registered instrument (ss 97, 123).

Core duties (Part 5 Division 4) apply to all titles unless varied:

• Conduct authorised activities (s 86).
• Comply with all conditions, this Act and other laws (s 87).
• Obtain landowner or Ministerial consent before disturbing improvements or Territory/council roads (s 88).
• Allow authorised officer entry (s 89).
• Protect conserved water, timber, animals and geological samples (ss 90–93).
• Furnish reports, pay fees, rent and royalties (ss 94–96).
• Notify changes and remove equipment within three months of cessation (ss 98–99).

EL-specific duties include carrying out the technical work program, notifying discoveries, and progressive area reduction (ss 29, 32). ELR holders must apply for an ML once mining becomes viable or face cancellation (ss 38–39). ML holders must minimise interference with other occupiers (s 45(b)) and comply with contractual arrangements with the Territory (s 45(a)).

Landowners’ rights include reasonable conditions on preliminary exploration or fossicking (ss 21(3), 24(1)), compensation for damage exceeding that reasonably necessary for exploration (s 107(2)), and constructive consent if they fail to respond within two months (s 168).

The Minister may require security for compensation or rehabilitation (s 106) and may vary title conditions, subdivide or amalgamate title areas (ss 100–102).

Offences are primarily in Part 9. The most serious is conducting exploration or mining without a title (s 148): 5,000 penalty units or five years imprisonment (strictly indictable, though declared a summary offence).

Contravention of a title condition (s 147) carries 500 penalty units. Interference with authorised activities (s 149), unlawful compensation agreements (s 150), misleading information (s 151) and obstruction (s 152) each attract up to 400 penalty units or two years imprisonment. Continuing offences incur additional daily penalties of 10 penalty units (s 153).

Executive officer liability (s 160), representative liability (ss 156–159) and strict liability elements are expressly provided. The Criminal Code Part IIAA applies (s 7).

Enforcement tools include:

• Authorised officer powers of entry, direction, search and seizure without warrant where an offence is suspected (ss 178–179).
• Ministerial action to remedy breaches and recover costs (s 172).
• Forfeiture of equipment or seized things (ss 154, 183–184).
• Cancellation of titles after show-cause notice (s 105).
• Additional court orders for repair costs, value of unlawfully extracted minerals and forfeiture (s 154).

Prosecutions must commence within three years (s 145). Unlawfully extracted minerals remain Territory property (s 146).

Section 4 expressly subordinates the Act to other Territory and Commonwealth legislation affecting rights or obligations. Key interactions include:

• Environment Protection Act 2019: mining activities require an environmental (mining) licence; security must be paid before a notice of authority to commence or continue is issued (s 79A). Rehabilitation and closure obligations are cross-referenced (ss 103(3A), 94(2)(f)).
• ALRA and NTA: consent or agreement under ALRA is prerequisite for titles on Aboriginal land (ss 62–64, 74). Future act procedures must be followed for native title land (s 74(2)). Native title holders are landowners for compensation purposes (s 14(d)).
• Water Act 1992: rights to take water or construct bores are expressly subject to that Act (notes to ss 31, 81, 82).
• Control of Roads Act 1953 and Local Government Act 2019: consent required to disturb Territory or council roads (s 88).
• Atomic Energy Act 1953 (Cth) and Uranium Royalty (Northern Territory) Act 2009 (Cth): special royalty and Ministerial advice regimes apply to prescribed substances in the Ranger Project Area (ss 186–187).
• Legacy Mines Remediation Act 2023: prohibits titles over reserved legacy mine sites without consent (s 64A).
• Personal Property Securities Act 2009 (Cth): mineral titles and interests are declared not to be personal property (s 130).
• Law of Property Act 2000: applies to interests in land granted under the Act, but the Act prevails in inconsistency (s 129).

Transitional provisions (Part 12) convert pre-2011 interests into corresponding titles and continue registers and fossicking declarations.

Amendments up to 10 February 2026 (Statute Law Revision and Repeals Act 2026 and earlier Environment Protection Legislation Amendment Act 2023) have modernised the regime. Key changes:

• Insertion of s 70A “fit and proper person” test allowing refusal on environmental, heritage, safety or tax non-compliance grounds (2023).
• New Part 5 Division 2A requiring a notice of authority to commence or continue mining activity once rehabilitation security is paid under the Environment Protection Act 2019 (s 79A).
• Expansion of landowner notice and consent rules and integration of environmental (mining) licence consistency checks (s 79A(6)).
• Addition of s 64A barring titles over reserved legacy mine sites.
• Refinements to EL area reduction (s 29), technical work program content (s 13), and report requirements (s 94).
• Clarification of executive officer due-diligence defence (s 160) and alignment with contemporary penalty units.

These changes respond to community concern about legacy mine rehabilitation, the need for stronger environmental safeguards, and alignment with national standards on operator suitability. They also streamline interaction between titles and environmental approvals, reducing regulatory overlap while raising compliance standards.

Although the Act contains a privative clause (s 174) preventing challenge for mere irregularity, several provisions have generated litigation or controversy.

The interaction with native title has produced disputes over whether particular grants are “future acts” requiring NTA procedures (s 74). Compensation claims under ss 107–111 frequently reach the Tribunal, particularly the quantum of “loss suffered as a result of damage” and whether exploration damage exceeds “reasonably necessary” levels (s 107(2)).

The fit-and-proper-person test (s 70A) has been criticised for its breadth; administrative lawyers argue the Minister’s discretion, which may consider unproven allegations or “likely to behave” conduct, risks procedural fairness challenges. No reported superior court decisions exist yet, but Tribunal reviews are expected.

Cancellation powers (s 105) require a show-cause process; failure to afford sufficient time or to consider submissions has led to procedural challenges in analogous mining legislation. The progressive EL reduction regime (s 29) has caused controversy among junior explorers who argue the halving requirement every two years is too blunt for large, geologically complex tenements.

Fossicking on pastoral land and in declared fossicking areas (Part 8) has generated landowner complaints about cumulative impacts and rubbish, prompting calls for tighter regulation via the guidelines power (s 169).

The broad Ministerial power to reserve land (ss 112–115) and later release it (s 117) has been challenged on natural justice grounds where long-term explorers lose access without compensation.

Most practitioners miss that an EL does not automatically authorise extraction of ore for sale; s 32(3) prohibits sale without Ministerial approval, and larger samples require specific authorisation (s 31(2)). Many explorers have inadvertently committed the s 148 offence by treating an EL as a de-facto mining title.

The “non-compliant title” conversion process in Part 12 Subdivision 4 is a hidden trap for pre-2011 MLs that lack an identified ore body; the Minister may convert them to ELs with consequential loss of mining rights unless the holder successfully argues commercial viability.

Section 79A is often overlooked. Even after obtaining a mineral title and environmental approval, mining cannot lawfully commence until the Minister issues a notice of authority once the mining security is accepted. Operating without it risks the full suite of Part 9 offences.

The fit-and-proper-person test (s 70A) captures past contraventions of any environmental, heritage or work-health-and-safety law in any jurisdiction. A minor historical infringement in Queensland can ground refusal in the Territory.

Compensation agreements that purport to exclude common-law remedies or limit claims to below “just terms” are void to that extent (ss 109(2), 150, 189). Parties frequently draft overly broad releases that are later struck down.

Access authorities (s 84) require 14 days’ notice, newspaper publication and prescribed landowner consents before the application can be made. Failure at any step invalidates the authority and exposes the holder to trespass claims.

Finally, the three-month equipment removal obligation (s 99) survives surrender or cancellation and binds the former holder even if the land has been re-granted to another party. Storage costs can quickly exceed equipment value.

Compliance begins with thorough due diligence before any activity. For explorers:

1. Confirm the proposed blocks are not reserved land, excluded Aboriginal community land or a legacy mine site (ss 64A, 112, 185).
2. Lodge an approved-form application with a compliant technical work program, evidence of financial and technical capacity, and landowner list (ss 27, 58, 66).
3. Serve notices on all landowners within 14 days and file proof of service (s 66).
4. Monitor the public notice period, respond to objections within 21 days (s 72), and be prepared for Tribunal referral.
5. Once granted, give pre-commencement landowner notice in the prescribed form (s 32(1)), lodge the required security, obtain the s 79A notice of authority, and commence only after it issues.
6. Conduct activities strictly in accordance with the approved technical work program, report annually, reduce the EL area every two operational years (or obtain Ministerial exemption under s 29(4)), and notify discoveries within 28 days.
7. Before any transfer, obtain Ministerial approval and register the instrument (s 123); unregistered transfers have no effect.
8. For surrender or cancellation, ensure rehabilitation is complete, equipment removed, and environmental security released; obtain the Minister’s acceptance (s 103) after consultation with the Environment Protection Minister (s 103(3A)).

ML applicants must demonstrate an ore body of economic value (s 41(2)(b)) and be prepared to construct replacement roads if existing roads will be sterilised (s 42). All title holders should maintain a compliance calendar for rent, reports, operational-year technical work programs and condition reviews.

Maintain a register of all correspondence with landowners and the Minister; constructive consent (s 168) only arises after proper service. Engage early with Land Councils on ALRA land and factor NTA notification and objection periods into project timetables.

Keep the guidelines (s 169) and any site-specific conditions at hand; authorised officers will expect immediate production of title documents, notices and technical work programs (s 178). Finally, budget for progressive rehabilitation, security top-ups and potential compensation negotiations; a well-drafted compensation agreement (s 109) that complies with Division 6 can avoid years of Tribunal litigation.

Practitioners should treat the Act as a living document: amendments in 2023–2026 have increased environmental integration and operator suitability hurdles. Regular legal audit of title conditions against the current consolidated Act is essential.