The Regulations employ a set of carefully defined terms that are essential to understanding how the regime operates. ‘Mineral title’ is defined by the Act, but the Regulations introduce sub‑categories such as ‘exploration title’ (an EL or EMEL, see regulation 3 definitions and Part 6 Division 1) and ‘development title’ (an ML, EMP or EML). The concept of ‘preliminary exploration’ is not an activity under a mineral title; it is an entry right that arises under sections 17‑22 of the Act and is heavily regulated in Part 2 of the Regulations. A person conducting preliminary exploration must do so in accordance with either a notice‑only regime or a consent‑required regime, depending on the type of land and the mineral being sought. ‘Relevant land’ for these purposes is defined separately for notices (regulation 11(1)) and for requests for consent (regulation 11(2)), and a ‘specified person’ is the landowner, occupier, or title holder who must receive the notice or give consent (regulation 12). Similarly, Part 9 creates parallel definitions for fossicking: ‘relevant land’ for a fossicking notice (regulation 98(1)) and for a fossicking request (regulation 98(2)), with corresponding ‘specified person’ (regulation 99).

A key concept for exploration titles is the ‘expenditure condition’ - the condition in section 32(2)(a)(ii) of the Act that the title holder must carry out technical work in accordance with the expenditure requirements specified in the title. The holder must report expenditure each year (regulation 81) and the Minister must be satisfied that the condition has been complied with (regulation 82). For multiple ELs held by the same person, the Regulations allow an ‘expenditure project area’ (regulation 80) so that expenditure can be aggregated across those tenements. Another innovation is the ‘amalgamated report’ (regulation 87), which allows the holder of two or more mineral titles of the same type in the same geological province to give a single annual report or expenditure report, provided the Minister approves.

The ‘fit and proper person’ test is expanded in regulation 44A. It prescribes matters the Minister must consider in addition to the statutory list in section 70A(1)(a) of the Act, such as whether the person (or a director of a body corporate) has contravened environmental, heritage, health and safety or tax laws, or has committed an offence involving fraud or dishonesty. It also looks at bankruptcy history and the appointment of administrators or liquidators. The ‘technical work program’ is another defined concept: for an EL, ELR or ML, the Regulations specify the additional information that may be included in such a program (regulation 4A). The ‘necessary criteria’ in regulation 44 require the applicant to have paid all outstanding fees and rent and to have complied with rehabilitation requirements under the Environment Protection Act 2019 before a new application can proceed.

‘Overlapping land’ is defined in regulation 3 to cover situations where the title areas of two or more mineral titles coincide, or where an exploration title area overlaps with a proposed title area in an un‑decided application. The Regulations then set out which holder’s occupation right takes priority (regulations 74 and 75). ‘Boundary marker’ is defined in regulation 38(1) as a post or cairn of stones at least 1 metre high, with specific requirements for metal content and diameter if a post is used. The ‘survey area’ concept appears in Part 3 Division 2 for surveys that need not be carried out by a licensed surveyor. ‘Geological sample’ is defined broadly to include drill core and cuttings (regulation 3), and the Regulations impose storage and disposal obligations and eventual handover to the Minister (regulations 89 and 127‑128).

The Regulations affect a broad range of persons involved in mineral exploration, extraction and land management in the Northern Territory. Primary duty‑holders are holders of mineral titles (EL, ELR, ML, EMEL, EMP, EML, MA) and applicants for those titles. They must comply with extensive reporting, payment and conduct obligations. For example, the holder of an EL must give an annual report within 60 days after the end of each operational year (regulation 78(1)), an expenditure report within 30 days (regulation 81(1)(a)), and if the title is surrendered or cancelled, a final report within 60 days (regulation 86(1)). The holder must also pay annual rent and administration fees (regulation 77) and may be subject to cancellation proceedings if those obligations are not met.

Persons conducting preliminary exploration - whether or not they hold a mineral title - are directly affected. They must obtain approvals for airborne geoscientific surveys (regulations 6‑9) and, for on‑land preliminary exploration, must give notice or obtain consent from the specified person. Failure to do so is an offence carrying penalties of up to 40 or 80 penalty units (regulations 21‑22). They must carry identification and documentary proof of compliance while on the land (regulation 23). Fossickers are a distinct class of persons who are not title holders but may enter certain land to collect minerals by hand. They are subject to similar notice and consent requirements (Part 9), must not extract more than the prescribed amount of a mineral (regulation 109), and must leave the land without delay if consent is withdrawn or refused (regulation 105(3)).

Landowners, occupiers and title holders whose land is entered by others are affected because they have the right to receive notices, to grant or refuse consent (subject to limitations), and to seek remedies through the Tribunal if consent is unreasonably withheld. For example, a landowner of private land may refuse a preliminary exploration request, but the person may be able to enter under section 168 of the Act if the request has not been responded to (regulation 22(2)). Pastoral lessees, occupiers of native title land and holders of licences under the Crown Lands Act 1992 are all specified persons for various purposes. The Minister is a central actor: the Minister receives applications, decides whether to grant titles, approves surveys, registers dealings, cancels titles, publishes notices on the Agency’s website, and may be the specified person for reserved land. The Northern Territory Civil and Administrative Tribunal (NTCAT) is affected because it hears reviews of reviewable decisions listed in Schedule 2 and general disputes about preliminary exploration, mineral titles and fossicking (regulations 114‑116 and Part 10). Licensed surveyors are affected only where the Regulations require a survey by a licensed surveyor (e.g., for certain remaining title areas after partial surrender - regulation 65). For most smaller title areas the self‑help survey method in Division 2 of Part 3 suffices, so persons who are not surveyors may carry out the survey, provided they follow the prescribed method.

The Regulations impose a detailed set of duties on title holders and persons exercising statutory entry rights, and they also confer corresponding rights.

Duties of title holders. The holder of any mineral title must pay annual rent and an administration fee before the start of the second and each subsequent operational year (regulation 77(5)). If the holder does not pay, the Minister must give a notice requiring payment within 30 days, and may then take action under section 105(3) of the Act for contravention of section 95(1) (regulation 77(6)‑(7)). For EL, ELR and ML holders, annual reports must be given within 60 days after the end of each operational year (regulation 78(1)). Those reports must contain details of exploration activities, geological sampling, drilling, technical investigations and sufficient detail to substantiate the expenditure claimed (regulation 78(2)‑(4)). Expenditure reports for ELs and ELRs must be given within 30 days, and for MLs within 60 days (regulation 81(1)). A final report must be given within 60 days after the title ceases to be in force for all or part of the title area (regulation 86(1)). Holders of EMEL, EMP and EML must give production reports within 14 days after the end of each financial year (regulation 85). Holders of ELR must give a reserves report within 14 days after the end of each financial year (regulation 83). ML holders must give both a production report and a reserves report within the same timeframe, except for MLs that are ancillary only (regulation 84).

The holder must maintain boundary markers and cleared boundary lines while the title is in force (regulation 35). For EL, ELR and EMEL holders, geological samples must be stored safely and, when the title ceases, the remaining samples must be given to the Minister (regulation 89). The holder must also notify the Minister of changes to the holder’s name, address or agent (regulation 90) and, for corporations, of the appointment of an administrator, liquidator or controller (regulation 49(2) read with section 98 of the Act). The holder is also subject to a general duty not to interfere with infrastructure or animals on the land when conducting authorised activities (regulation 27, although that provision is in Part 2 and applies to preliminary exploration, but similar duties exist for title holders under the Act).

Duties of persons conducting preliminary exploration. Before entering land for preliminary exploration, a person must give a preliminary exploration notice at least 14 days in advance if the land is vacant Crown land, pastoral land, native title land, or the title area of an EL (for extractive minerals) or EMEL (for minerals) - see regulation 14(2) and regulation 16. If the land is reserved land, private land, Aboriginal land, an Aboriginal community living area, a park or reserve, or the title area of an EL (for minerals) or EMEL (for extractive minerals), the person must first obtain written consent by giving a preliminary exploration request at least 14 days before entry (regulation 18). The person must carry photographic identification and proof of notice or consent while on the land, and must show those documents to the occupier, landowner, title holder, authorised officer or police officer upon request (regulation 23). The person must not conduct preliminary exploration within 200 metres of a building not enclosed by a fence, or within 50 metres of a fence enclosing a building (regulation 24). Further offences relate to contravening obligations under section 24(1)‑(3) of the Act (regulation 25), engaging in unrelated activities (regulation 26), interfering with infrastructure or animals (regulation 27), and preventing another authorised person from conducting preliminary exploration (regulation 28).

Duties of fossickers. Similar notice and consent regimes apply to fossicking, with shorter notice periods: a fossicking notice must be given at least 7 days before entry (regulation 100), and a fossicking request at least 14 days before (regulation 103). The fossicker must not extract more than the prescribed amount of gold (100 gm), gemstones (1 kg), other minerals (20 kg), mineral bearing material (100 kg) or ornamental stones (100 kg) - regulation 109(1). If more than that amount of gold is found, a notice must be given to the Minister within 28 days (regulation 109(3)). The fossicker must comply with reasonable conditions or requests of the occupier or landowner (regulation 110).

Rights of title holders. The holder of a development title (ML, EMP or EML) may exercise the occupation right under the title on overlapping land to the exclusion of the holder of an ELR or exploration title (regulation 74(1)). The holder of an ELR may exercise the occupation right on overlapping land to the exclusion of the holder of an exploration title (regulation 74(2)). Holders of exploration titles may exercise rights concurrently on overlapping land with other exploration title holders (regulation 74(3)). The holder of an EL or ELR may apply for the grant of an ML for the same area (regulation 61) without the need for a new application from scratch, though the grant may modify or replace the existing title. The holder of an EMEL may apply for an EMP or EML for part or all of the EMEL area (regulation 62). Title holders also have the right to seek approval for an expenditure project area to aggregate expenditure across multiple ELs (regulation 80) and to apply for approval to give amalgamated reports (regulation 87). They may also apply to the Tribunal for a review of a reviewable decision (regulation 114, Schedule 2) or for a decision on a dispute (regulation 116).

Rights of applicants. A person who has made an application for a mineral title that has not been decided may continue to have certain rights over the land - for example, another person may conduct preliminary exploration in that proposed title area without notice or consent (regulation 15). The earlier applicant for an EL or EMEL may be entitled to grant of a development title within the existing title area or existing proposed title area under Part 4 Division 3, subject to conditions.

The Regulations create a range of criminal offences, each carrying a maximum penalty expressed in penalty units (as defined in the Interpretation Act 1978). The most significant are:

• Conducting an airborne geoscientific survey without approval - 100 penalty units, strict liability (regulation 7).
• Failing to comply with the notice of approval for an approved airborne survey - 100 penalty units, strict liability, with a defence of reasonable excuse (regulation 8).
• Entering land for preliminary exploration without giving a required preliminary exploration notice or failing to comply with the notice and entry date - 40 penalty units (regulation 21).
• Entering land for preliminary exploration where consent is required, either after the specified person has refused or after the request has not been responded to - 80 penalty units, with an exception if section 168 of the Act applies (regulation 22(1)‑(2)).
• Failing to leave land without delay after consent is withdrawn or after a subsequent refusal under section 168 - 80 penalty units (regulation 22(3)).
• Entering land for preliminary exploration earlier than the date specified in the request or as agreed - 40 penalty units (regulation 22(4)).
• Contravening obligations under section 24(1)‑(3) of the Act (which relate to the conduct of preliminary exploration) - 80 penalty units (regulation 25).
• Conducting activities on land unrelated to preliminary exploration - 40 penalty units (regulation 26).
• Interfering with infrastructure or animals while conducting preliminary exploration - 80 penalty units (regulation 27).
• Preventing another authorised person from conducting preliminary exploration - 40 penalty units (regulation 28).
• Fossicking without giving the required notice - 40 penalty units (regulation 106).
• Entering land for fossicking after refusal or without response to a consent request - 80 penalty units (regulation 107).
• Failing to leave land when consent is withdrawn - 80 penalty units (regulation 107(3)).
• Extracting more than the prescribed amount of a mineral when fossicking - 200 penalty units (regulation 109(2)).
• Contravening obligations to the occupier or landowner - 80 penalty units (regulation 110(3)).
• Engaging in unrelated activities while fossicking - 40 penalty units (regulation 111).
• Interfering with infrastructure or animals while fossicking - 80 penalty units (regulation 112).
• Preventing an authorised fossicker from entering or fossicking - 40 penalty units (regulation 113).

Many of these offences are strict liability, meaning that the prosecution does not need to prove fault, but the defendant may have a defence of reasonable excuse in some cases (e.g., regulation 8(3)). The maximum penalties are set out in each regulation.

Beyond criminal penalties, the Regulations provide for enforcement through administrative action. The Minister may cancel a mineral title for contravention of a condition (such as the expenditure condition) - see regulations 67, 68 and 82. The process requires a notice of intention to cancel, giving the title holder at least 30 days to respond or take corrective action, with submissions considered before a final decision (regulation 67‑68). If rent or fees remain unpaid, the Minister may give a 30‑day notice, and if still unpaid, may take cancellation action under section 105(3) of the Act (regulation 77(6)‑(7)). The Minister may also refuse to accept a surrender if any rent or fees are outstanding (regulation 64(2)). Once cancelled, no refund of fees is available (regulation 129), although excess rent may be refunded in limited circumstances (regulation 130). Late lodgment fees for reports are prescribed in Schedule 1 Part 5, ranging from 50 revenue units per week for airborne survey reports up to 250 revenue units per week for amalgamated reports covering 10 or more titles. The Minister may waive the late lodgment fee if satisfied there is a reasonable excuse (regulation 131(5)).

The Regulations do not operate in a vacuum; they cross‑reference and depend on a number of other Northern Territory and Commonwealth laws. Most significantly, the Regulations are made under the Mineral Titles Act 2010, and every regulation ties back to a specific section of that Act. Where the Regulations mention a provision of the Act (such as section 13, 17, 22, 70A, 94, 105), they implement the detail that the Act leaves to regulations.

The Environment Protection Act 2019 (as amended by the Environment Protection Legislation Amendment Act 2023) is integrated through the definition of ‘rehabilitation requirements’ in regulation 44(2). The necessary criteria for a mineral title applicant include having paid all outstanding fees and rent and having complied with the rehabilitation requirements for any previous title area (regulation 44(1)(a)(ii)). The holder of an EL, ELR or ML must give final reports that include information about rehabilitation. For EMPs, the rent payable per hectare differs depending on whether rehabilitation activities under the Environment Protection Act 2019 are being carried out (Schedule 1 Part 2). The Regulations also reference the Environment Protection Act 2019 expressly in regulation 36 (survey methods) and in Schedule 1 Part 2.

The Crown Lands Act 1992 is relevant for definitions of ‘town boundary’ (regulation 3) and for the land categories to which preliminary exploration notices apply, such as vacant Crown land held under a licence granted under Part 7 of that Act (regulation 11(1)(a)(i)). The Land Title Act 2000 is mentioned in relation to plans of survey that should show significant topographical features and boundaries of land held under that Act (regulation 42(1)).

Aboriginal land rights are addressed through multiple cross‑references. The Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) (ALRA) is referred to in regulation 44(1)(c) - the Minister must be satisfied that an applicant who is engaged in negotiations under ALRA or the Native Title Act 1993 (Cth) is actively negotiating in good faith before a title can be granted. Part 4 Division 2 contains specific provisions for the Noranda Project Area (Koongarra) and the Pancontinental Project Area (Jabiluka), using AGD66 coordinates, and these areas are subject to the Act’s application for mineral titles on Aboriginal land. Section 4(1) of the Act restricts the operation of section 168 (the default entry right) in relation to Aboriginal land or an Aboriginal community living area, as noted in regulations 18 and 103.

The Licensed Surveyors Act 1983 is referenced in the definition of ‘licensed surveyor’ (regulation 3). The Regulations also interact with the Electronic Transactions (Northern Territory) Act 2000, which allows documents to be given by electronic communication (regulation 5(1)(b)). The Corporations Act 2001 (Cth) is mentioned in regulation 44A(2) (for a subsidiary) and regulation 87(7) (definition of related body corporate). The Copyright Act 1968 (Cth) is relevant to the publication of reports: a person giving an airborne survey report, annual report or final report must obtain authorisations for publication of copyright‑owned material (regulation 126). The Acts Interpretation Act 1978 is referred to for modes of giving documents (regulation 5(1)(a)).

The Northern Territory Civil and Administrative Tribunal Act 2014 replaced the former Lands, Planning and Mining Tribunal, and Part 12 Division 2 of the Regulations contains transitional provisions ensuring that proceedings commenced before the changeover are dealt with under the former legislation (regulations 143‑146). The Regulations also prescribe which decisions are reviewable by the Tribunal (Schedule 2) and the process for review (regulations 114‑115). For disputes that are not reviewable as such, general applications to the Tribunal may be made (regulation 116), which may cover areas, boundaries, entry, use of water, contractual obligations, and mineral rights interests.

Finally, the Regulations interact with the Mining (Gove Peninsula Nabalco Agreement) Act 1968 and the McArthur River Project Agreement Ratification Act 1992, because the interests granted under those Acts are prescribed interests for the purposes of section 79A of the Act (regulation 4B(2)(b)‑(c)). Those special mining leases continue to be recognised within the mineral title regime.

The Mineral Titles Regulations 2011 were originally made as SL No. 39 of 2011, notified on 31 August 2011 and commenced on 7 November 2011, simultaneously with the commencement of the Mineral Titles Act 2010. Since then, four amending Acts have modified the Regulations.

The Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014 (Act No. 35 of 2014) restructured Part 10 (Applications to Tribunal) and Part 12 (Transitional matters). It repealed the previous Part 10 divisions (including regulations 114‑124) and inserted new Part 10 and Part 12 Division 2 to replace references to the former Lands, Planning and Mining Tribunal with the new Northern Territory Civil and Administrative Tribunal. It also inserted transitional provisions (regulations 143‑146) to manage the changeover of jurisdiction. The relevant parts commenced on 1 January 2015 and 1 June 2015.

The Statute Law Revision Act 2018 (Act No. 10 of 2018) made general formal amendments to the Regulations, including updating the heading of Part 1 and making minor textual changes to regulations 1, 2, 3, 5, 11, 42, 44, 79 and 143 and Schedule 1.

The Environment Protection Legislation Amendment Act 2023 (Act No. 34 of 2023) was a significant amending Act for the Regulations. It inserted new regulations 4A and 4B to allow additional information to be included in technical work programs (regulation 4A) and to prescribe mineral titles and interests for the purposes of section 79A of the Act (regulation 4B). It also inserted a new regulation 44A, which sets out extensive matters for determining whether a person is fit and proper to hold a mineral title, including consideration of directors’ conduct and financial capacity. It amended regulation 44 to update the necessary criteria, replacing the previous reference to ‘rehabilitation requirements’ with a reference to the Environment Protection Act 2019. It also repealed the former regulation 79 (which had dealt with expenditure reports) - the cross‑reference in regulation 79 is now removed, though the substantive expenditure reporting provisions remain in other regulations. Finally, it amended Schedule 1 to adjust fees and rent amounts.

The Statute Law Revision and Repeals Act 2026 (Act No. 3 of 2026) commenced on 10 February 2026 and made minor amendments to regulations 42 and 110 (removing the word ‘the’ where duplicated and correcting formatting). The current version of the Regulations as in force at 10 February 2026 reflects these amendments.

The Regulations themselves do not contain case law, but they establish the framework for litigation through the Northern Territory Civil and Administrative Tribunal. Schedule 2 lists the decisions that are reviewable by the Tribunal: a refusal of a mineral title application under section 70(1) or (2) of the Act; a refusal of an application under Part 7 Division 1 of the Act (dealing with mineral rights interests, such as transfer or caveat refusals); a decision under section 203(3)(c)(v) of the Act to convert a corresponding mineral title to another type of title (but only the part about the type of title); and a decision under section 204(4)(d) of the Act to convert a non‑compliant existing interest to a mineral title (again only the part about the type of title). Any person aggrieved by one of those decisions may apply to the Tribunal for a review (regulation 114). The Tribunal must make a recommendation within two months, and the Minister must then decide whether to reverse, vary or confirm the original decision (regulation 115). The Minister is not bound to follow the Tribunal’s recommendation, but must give reasons for the final decision within 28 days of receiving the recommendation.

In addition to reviewable decisions, a person may apply to the Tribunal for a decision about a dispute relating to preliminary exploration, a mineral title, a title area, a proposed title area or fossicking (regulation 116). This is a broad jurisdiction that covers disputes about survey boundaries, entry onto land, the use of water, contractual obligations relating to mineral titles, and mineral rights interests. The Tribunal’s role here is to decide the dispute, not merely to recommend. Proceedings before the Tribunal are subject to the Northern Territory Civil and Administrative Tribunal Act 2014, and the transitional provisions in Part 12 Division 2 ensure that applications made to the former Lands, Planning and Mining Tribunal before 1 January 2015 continue to be dealt with under the former legislation. Appeals from the Tribunal lie to the Supreme Court only on a question of law (regulation 146(3)). Although no specific cases are named in the source text, the existence of this review and dispute regime means that litigation history under the Regulations would be found in decisions of the NTCAT and subsequent appeals to the Supreme Court of the Northern Territory.

Practitioners and title holders should watch for several traps in the Regulations that can easily lead to non‑compliance, even through inadvertence.

Strict liability offences. Many key offences are strict liability, meaning that the prosecution does not need to prove any intent or negligence. For example, conducting an airborne survey without approval (regulation 7), entering land for preliminary exploration earlier than the date specified in the notice (regulation 21(2)), or failing to carry required documents and show them on request (regulation 23(2)) are all strict liability. A person is guilty simply by doing the act, even if they believed they had complied. The only available defence is a reasonable excuse, but only where expressly provided (e.g., regulation 8(3) for airborne survey compliance). The burden of establishing the defence rests on the defendant.

No refund of application fees even if refused. Regulation 46(2) states bluntly: ‘A person who pays an application fee is not entitled to a refund of any of the amount paid, even if the application is refused.’ This applies to all applications listed in Schedule 1 Part 1. The only exception is for advertising costs that have not yet been incurred, which may be refunded (regulation 47). If an applicant pays the fee and the Minister refuses the application, the fee is lost.

Late lodgment fees escalate quickly for multiple titles. Schedule 1 Part 5 sets late lodgment fees for reports on a per‑week basis. For an annual report, expenditure report or final report, the fee is 100 revenue units per week or part of a week. For an amalgamated report covering 10 or more titles, the fee is 250 revenue units per week. If a report is overdue by even a day, that counts as ‘part of a week’ and the full weekly fee applies. Over 60 days this can accumulate to thousands of dollars. The Minister may waive the fee only if satisfied there is a reasonable excuse (regulation 131(5)), but that is a discretionary power.

Obligation to pay full year’s rent even if title ceases before year end. Regulation 77(9) explicitly provides that a person required to pay annual rent or administration fee must pay for the full operational year even if the title ceases to be in force, or is renewed, before the end of the year. This means that if a title is surrendered part way through the year, the holder is not entitled to a pro‑rata refund unless the surrender is under section 104 of the Act (for a purpose beneficial to the Territory), in which case a refund may be given (regulation 66(3)). For voluntary surrenders under section 103, no refund is provided.

Consent required for preliminary exploration on EL/EMEL title areas depending on mineral type. A person wanting to conduct preliminary exploration in the title area of an existing EL or EMEL must carefully distinguish between minerals and extractive minerals. Under regulation 14(2), if the exploration is for extractive minerals in an EL area, or for minerals in an EMEL area, only notice is required. But if the exploration is for minerals in an EL area, or extractive minerals in an EMEL area, written consent of the title holder is required (regulation 14(3)). Getting this wrong leads to an offence.

Requirement to carry documents at all times while on land for preliminary exploration or fossicking. Regulation 23 for preliminary exploration and regulation 108 for fossicking require the person to have photographic identification and proof of notice or consent in their possession while on the land. Failure to show these documents to an occupier, landowner, title holder, authorised officer or police officer upon request is an offence of strict liability with a maximum penalty of 20 penalty units. A person who leaves the documents in a vehicle or camp is not compliant.

Boundary markers and survey obligations. A title area that is not surveyed in accordance with the prescribed self‑help method in Division 2 of Part 3 may be rejected by the Minister. Regulation 43 says that if the relevant person surveys an area larger than the survey area, the Minister must require a further survey reducing the area. The survey must be accurate to less than 1 metre (regulation 42(3)). The holder must maintain boundary markers and cleared lines while the title is in force (regulation 35). If a title area is partially surrendered, the remaining area may need to be re‑surveyed by a licensed surveyor if it exceeds certain size thresholds (regulation 65).

No refund of fees on cancellation. Regulation 129 provides that a title holder is not entitled to any refund of a fee paid for a mineral title during an operational year if the title is cancelled for all or part of the title area. Rent, however, may be refunded in limited circumstances under regulation 130 (e.g., overpayment due to reduction or calculation error), but that is the exception.

Compliance with the Regulations requires a systematic approach from the initial application stage through to the eventual surrender or renewal of a mineral title.

Before applying for a mineral title. Ensure that all outstanding fees, rent and rehabilitation requirements from any previous or current titles are paid and met (regulation 44). If engaging in negotiations under ALRA or NTA, be able to demonstrate active good‑faith negotiation (regulation 44(1)(c)). Prepare a thorough technical work program that includes the additional information permitted by regulation 4A. For ELs, include geological basis, maps, exploration methods, previous exploration results, timing, and data collection details. For ELRs, include details of the ore body or anomalous zone and a rationale about commercial viability. For MLs, include resource models, feasibility studies, mining methods, and infrastructure requirements. Conduct the fit and proper person assessment: the Minister will consider whether the applicant or its directors are of good repute, have been bankrupt, have contravened environmental, heritage, health and safety or tax laws, have committed fraud, and have the financial capacity and technical competence to hold the title (regulation 44A). If the applicant is a body corporate, information about each director must be provided.

When entering land for preliminary exploration. Determine whether the land is relevant land for a notice or for a consent request (regulations 11 and 12). For land requiring only notice, prepare and serve a preliminary exploration notice at least 14 days before entry, including a description or map of the land, contact details of all persons entering, the nature of the exploration, equipment, intended start date and estimated duration (regulation 16). For land requiring consent, serve a preliminary exploration request at least 14 days before entry, including the same information plus a request for written consent (regulation 18). If the land is private land or a park or reserve, include a statement about the effect of section 168 of the Act. Obtain the consent in writing. If the specified person does not respond, section 168 may allow entry after the request has been made, but note that this right is restricted for Aboriginal land and Aboriginal community living areas (regulation 18(3) note). When on the land, carry photographic identification and proof of the notice or consent, and show them on request (regulation 23). Do not enter within 200 metres of an unfenced building or 50 metres of a fence enclosing a building on pastoral land (regulation 24). Only conduct activities that relate to preliminary exploration (regulation 26). Do not interfere with infrastructure or animals (regulation 27).

When conducting fossicking. Follow the same distinction between notice‑only and consent‑required land, but with shorter notice periods: 7 days for a fossicking notice (regulation 100), 14 days for a fossicking request (regulation 103). Check the prescribed amounts in regulation 109: no more than 100 grams of gold, 1 kilogram of gemstones, 20 kilograms of other minerals, 100 kilograms of mineral bearing material, or 100 kilograms of ornamental stones. If you discover more than the prescribed amount of gold, notify the Minister within 28 days, describing the location of the gold (regulation 109(3)). Comply with reasonable conditions of the occupier or landowner (regulation 110). Carry identification and proof of notice or consent at all times (regulation 108).

When holding a mineral title. Pay annual rent and administration fees before the start of the second and each subsequent operational year (regulation 77(5)). If you receive a notice requiring payment within 30 days, pay immediately to avoid cancellation proceedings. Submit all reports by the required dates: annual report within 60 days after the end of each operational year for EL, ELR or ML (regulation 78); expenditure report within 30 days for EL/ELR, 60 days for ML (regulation 81); production and reserves reports within 14 days after the end of each financial year for ML, EML, EMP and ELR (regulations 83‑85). If you hold multiple tenements, consider applying for an expenditure project area (regulation 80) or approval to give amalgamated reports (regulation 87) to reduce administrative burden. Ensure that expenditure meets or exceeds the amount specified in the title to avoid cancellation for breach of the expenditure condition (regulation 82). Maintain boundary markers and cleared lines (regulation 35). Store geological samples safely, and when the title ceases either dispose of them with the Minister’s consent or hand them over to the Minister (regulation 89). If the title is to be surrendered voluntarily, ensure all fees and rent are paid first, and give a final report within 60 days (regulation 64). If the Minister requests a surrender for a purpose beneficial to the Territory (regulation 66), respond within two months or be taken to have agreed.

When dealing with the Minister or the Tribunal. If you receive a notice of intention to cancel, act within the period specified (at least 30 days) to make a submission or take corrective action (regulation 67). If the Minister makes a reviewable decision (Schedule 2), apply to the Tribunal for review within the relevant time. For other disputes, such as boundary disagreements or entry rights, apply to the Tribunal for a decision (regulation 116). Keep the Minister informed of any change of name, address, agent, or the appointment of an administrator, liquidator or controller (regulations 49 and 90).