Mining Act 1992

An assessment lease may be granted over land of any title or tenure.

An assessment lease may be granted in respect of any mineral or minerals, regardless of whether the mineral or minerals are publicly owned, privately owned or partly publicly and partly privately owned.

An assessment lease may be granted over the surface of land, over the surface of land and the subsoil below the surface, over the surface of land and the subsoil down to a specified depth below the surface or over the subsoil below or between any specified depth or depths below the surface of land.

However, an assessment (mineral owner) lease may be granted—

only in respect of privately owned minerals, and

only to the owner of those minerals.