Mineral Titles Regulations 2011

(1) A person is entitled to apply for the grant of an EML for any of the existing title area or existing proposed title area of an EL.

(2) A person is entitled to apply for the grant of an EML for any of the existing title area or existing proposed title area of an EMEL only with the written consent of the title holder or earlier applicant.

Division 4 Grant of mineral title

60 Procedures relating to payment of rent and giving security

(1) The Minister may grant a person a mineral title only if the person has paid the required rent, and given the required security, for the title.

(2) If the person has paid the required rent and given the required security when the Minister decides to grant the mineral title, the grant takes effect on the day the Minister makes the decision.

(3) If the person has not paid the required rent or given the required security and the Minister considers it will be appropriate to grant the mineral title if the person does so, the Minister must give the person a notice specifying:

(a) the Minister will grant the mineral title for the title area specified in the notice if the person pays the required rent and gives the required security before the date specified in the notice; and

(4) The date specified under subregulation (3)(a) must be at least 30 days after the date of the notice.

(5) If the person pays the required rent and gives the required security before the specified date, the grant of the mineral title takes effect on the date the Agency receives the rent and security.

(6) If the person does not pay the required rent and give the required security before the specified date:

(a) the person's application for the grant of the mineral title is refused; and

Note for subregulation (6)(b)

The Minister is not required to give any further notice relating to the refusal to grant the mineral title that would otherwise be required under section 166(2) of the Act.

required rent means:

(a) for an EMEL – the rent payable for the term of the EMEL; or

(b) for any other mineral title – the rent payable for the first operational year of the title.

required security, for a mineral title, means the security (if any) for compensation required under section 106 of the Act before or during the consideration of an application for the grant of the title.

61 Granting ML to holder of EL or ELR

(1) If the Minister grants an ML to the holder of an EL for part of the title area of the EL:

(b) the title holder may exercise the rights given by the ML only in the title area of the ML.

(2) If the Minister grants an ML to the holder of an ELR for part of the title area of the ELR:

(a) the title area of the ML is removed from the title area of the ELR; and

(b) the Minister may cancel the ELR if it no longer complies with the Act or these Regulations after the grant of the ML.

Example for subregulation (2)(b)

The remaining title area of an ELR may no longer contain an ore body.

(3) If the Minister grants an ML to the holder of an EL or ELR for all of its title area, the ML replaces the EL or ELR.

62 Granting EMP or EML to holder of EMEL

(1) If the Minister grants an EMP or EML to the holder of an EMEL for part of the title area of the EMEL:

(a) the EMEL remains in force for the title area of the EMP or EML; but

(b) the title holder may exercise the rights given by the EMP or EML only in the title area of the EMP or EML.

(2) If the Minister grants an EMP or EML to the holder of an EMEL for all of the title area of the EMEL, the EMP or EML replaces the EMEL.

Part 5 Amalgamations, surrenders and cancellations

63 Amalgamation of title areas

(1) For section 102(1) of the Act, the Minister may amalgamate the original title areas of any original titles except EMELs.

(i) identify the blocks to be amalgamated, which must not exceed 250; and

(ii) include a technical work program for the first operational year of the EL; and

(i) identify the proposed title area, which must not exceed the maximum size specified for that type of mineral title under Part 3 or 4 of the Act; and

(ii) include a summary of the work to be carried out for conducting the authorised activities in the proposed title area.

(3) The term of a replacement title must not exceed the maximum term for that type of title specified under Part 3 or 4 of the Act.

(4) Before issuing a replacement title, the Minister may require the title holder to have the proposed title area surveyed:

(5) The method of survey required by the Minister does not need to correspond to the method of survey otherwise prescribed by these Regulations for the grant of the same type of title as the replacement title.

(a) is not entitled to a refund of rent paid for any of the land that was in the original title areas but is not included in the title area of the replacement title; and

(b) if any land in the original title areas of an EL, ELR or ML is not included in the title area of the replacement title – must give the Minister a final report for that land within 60 days after the date on which the Minister amalgamates the titles.

Notes for subregulation (6)(b)

1 See regulation 86(3) to (5) for provisions about the content of the final report.

2 See regulation 131 for provisions about the fee payable if the report is not given on or before the reporting day.

(a) for an EL – as if it had been in force for the period calculated by averaging of the number of operational years of the original titles and adding 1 operational year;

(b) for any other title – as if it had been granted under Part 3 or 4 of the Act.

replacement title means the mineral title issued to replace the original titles.

64 Application for acceptance of surrender

(1) This regulation applies in relation to an application under section 103(1) of the Act for the acceptance of the surrender of all or part of a title area.

(2) The Minister need not accept the surrender if any rent or fees are owed in relation to the mineral title.

(3) If the Minister accepts the surrender of all or part of the title area of an EL, ELR or ML, the applicant must give the Minister a final report relating to the surrendered land within 60 days after the surrender takes effect.

Notes for subregulation (3)

1 See regulation 86(3) to (5) for provisions about the content of the final report.

2 See regulation 131 for provisions about the fee payable if the report is not given on or before the reporting day.

65 Survey for surrender application

(1) This regulation applies in relation to a survey mentioned in section 103(3)(a) of the Act.

(b) in accordance with Part 3, Division 2 if it does not exceed 40 ha.

(b) in accordance with Part 3, Division 2 if paragraph (a) does not apply.

(4) The remaining title area of an ELR or EMP must be surveyed in accordance with Part 3, Division 2.

66 Request for surrender

(1) For section 104(1) of the Act, each of the following is a purpose beneficial to the Territory:

(c) the preservation and protection of a place of cultural or historic interest;

(2) The notice given under section 104(1) of the Act must specify:

(a) the purpose for which the land to which the request relates is to be used if it is surrendered; and

(b) the holder of the EL has 2 months in which to respond in writing to the Minister's request; and

(c) the title holder will be taken to have agreed to the surrender if the title holder does not respond within that period.

(3) After the surrender of all or part of the title area of the EL, the Minister must refund to the title holder or former title holder, with effect from the date of surrender, any rent paid for the surrendered title area for the remaining period of the current operational year.

(4) For subregulation (3), the date of surrender is the date on which the title holder:

(b) is taken to have agreed to the surrender as mentioned in section 104(2) of the Act.

67 Notice and submission relating to intention to cancel

(1) For section 105(3) of the Act, the notice of intention to cancel a mineral title must specify:

(i) take action, as specified by the Minister, to avoid cancellation; or

(ii) make a submission to the Minister in relation to the proposed cancellation.

(2) The period specified under subregulation (1)(b) must be at least 30 days after the date on which the title holder is given the notice.

(b) if the contact details of the title holder include an email address – by email.

(4) A submission by the title holder must include all the information necessary to enable the Minister to make a proper decision about whether or not to cancel the mineral title.

68 Notice following submission about intention to cancel

(1) If the Minister receives a submission within the period specified in the notice of intention to cancel a mineral title given under regulation 67, or the longer period as extended under section 167 of the Act, the Minister must consider the submission and may:

(a) give the title holder a notice requiring the title holder to take an action specified, within the period specified, to avoid cancellation; or

(2) The period specified under subregulation (1)(a) must be at least 30 days after the notice is given.

(3) If the title holder is given a notice under subregulation (1)(a) and does not take the specified action within the specified period, or a longer period if extended under section 167 of the Act, the Minister may cancel the mineral title.

(4) The Minister must give the former title holder a notice confirming cancellation under this regulation.

69 Loss of block penalty

(1) For section 105(5) of the Act, the number of blocks for which the mineral title may be cancelled under section 105(1)(b) of the Act because of a contravention of an expenditure condition of the mineral title is calculated on the basis of the following formula:

N is [TPE – AE] x 0.5 ÷ [TPE ÷ B]

where:

AE is the actual expenditure for the title area for an operational year.

B is the number of blocks in the title area.

N is the number of blocks for which the mineral title may be cancelled, rounded to the nearest whole number.

TPE is the total proposed expenditure for the title area for an operation year.

(2) The formula in subregulation (1) must be calculated for every operational year for which the contravention occurred.

(3) The cancellation of an EL for part of the title area during the term for which the EL is first granted does not affect the requirement to reduce the remaining title area under section 30 of the Act.

70 Notice of land ceasing to be title area

(a) under section 29 of the Act, the title area of an EL is reduced; or

(b) under section 103 or 104 of the Act, all or part of a title area is surrendered; or

(c) under section 105 of the Act, the Minister cancels an EL, ELR, ML, EMP or EML for all or part of its title area; or

(d) land ceases for another reason to be all or part of the title area of an EL, ELR, ML, EMP or EML.

(2) As soon as practicable after the reduction, surrender, cancellation or cessation (the relevant occurrence), the Minister must publish a notice on the Agency's website that includes the following information:

(a) the number of the mineral title affected by the relevant occurrence;

(i) the land that has ceased to be all or part of the title area of the mineral title or former mineral title; and

(ii) if applicable – the land that remains in the title area of the mineral title;

Part 6 Rights and conditions under mineral titles

Division 1 Entry onto and use of land

71 Notice before starting authorised activities for exploration

(1) This regulation prescribes the procedures for section 32(1) or 49 of the Act to be followed by the title holder of an EL or EMEL in relation to conducting authorised activities on the land in the title area of the EL or EMEL.

(2) The title holder must give written notice of the intention to conduct the authorised activities to the landowners or occupiers of the land:

(a) at least 14 days before the beginning of each field season when the activities are to be conducted; or

(b) at the times and frequency agreed to by the landowners or occupiers of the land.

(b) the name and contact details of the person who will be in charge of conducting the authorised activities;

(d) the intended start date, and an estimate of the duration, of the exploration;

(e) a map of the land on which the exploration is to be conducted, clearly indicating its location and boundaries;

(4) As soon as practicable after entering the land, the title holder must take all reasonable steps to advise the occupiers of the land of the entry before starting to conduct the authorised activities.

(5) However, subregulation (4) does not prevent the title holder from starting to conduct the authorised activities if, after taking all reasonable steps to find an occupier, the occupier cannot be found.

72 Exploration under EMEL

In conducting exploration under an EMEL, the title holder may remove, only from the natural surface of the land in the title area, small amounts of extractive minerals for evaluation.

73 Conducting authorised activities on pastoral land

(1) The holder of a mineral title must not conduct authorised activities on pastoral land:

(a) within 200 m of a building that is not enclosed by a fence; or

(2) For subregulation (1), a fence is taken to enclose a building only if it is within 150 m of the building.

74 Right to exercise occupation right on overlapping land

(1) The holder of a development title may exercise the occupation right under the title on overlapping land to the exclusion of the holder of an ELR or exploration title.

(2) The holder of an ELR may exercise the occupation right under the ELR on overlapping land to the exclusion of the holder of an exploration title.

(3) The holder of an exploration title may exercise the occupation right under the exploration title on overlapping land concurrently with the holder of another exploration title.

75 Conditions of exercising occupation right on overlapping land

(1) The holder of an ELR must not exercise the occupation right under the ELR on overlapping land for which another person holds a development title.

(2) The holder of an exploration title must not exercise the occupation right on overlapping land for which another person:

(b) has made an application for the designation of an ELR, or the grant of a development title, that has not been decided by the Minister.

(3) The holder of an exploration title must not exercise the occupation right under the title on overlapping land that also comprises all or part of:

76 Access authority – consent of landowner

(1) This regulation applies to the holder of a mineral title who has the right mentioned in section 84(1) of the Act to enter land outside the title area to construct, maintain and use infrastructure associated with conducting authorised activities under the mineral title.

(2) For section 84(3)(c) of the Act, the title holder is required to obtain consent to the entry from the owners of the following classes of land:

(3) The landowner of land prescribed under subregulation (2) must not unreasonably refuse to consent to the title holder's entry onto the land.

(4) A dispute about a refusal may be decided by the Tribunal on application by the title holder.

(5) The title holder must give the Minister a copy of a landowner's consent to the title holder's entry to prescribed land with the application under section 84(2) of the Act.

Division 2 Rent, fees, expenditure and reports

77 Rent and administration fee

(1) The annual rent payable for the title area of a mineral title is the amount specified for the title in Schedule 1, Part 2.

(3) If rent is payable for each hectare of a title area, and the title area does not divide equally into hectares, rent is payable for the remaining area as if it were a whole hectare.

(4) The annual administration fee payable for a mineral title (except an EMEL) is the amount specified for the title in Schedule 1, Part 3.

(5) Before the start of the second and each subsequent operational year, the holder of a mineral title (except an EMEL) must pay the rent and administration fee for the title.

Notes for subregulation (5)

1 See regulation 60 for payment of rent before the grant of a mineral title.

2 See section 67 of the Act for payment of rent before the renewal of a mineral title.

(6) If a title holder does not pay the rent or administration fee as required by subregulation (5), the Minister must give the title holder a notice requiring payment within 30 days from the date of the notice.

(7) If the title holder does not pay the rent or administration fee as required under subregulation (5), the Minister may take action under section 105(3) of the Act for a contravention of section 95(1) of the Act.

Note for subregulation (7)

Regulations 67 and 68 set out the procedures for the cancellation mentioned in section 105(3) of the Act.

(8) Despite subregulation (5), the Minister may waive all or part of the amount payable by the title holder, but only if satisfied there are circumstances that justify the waiver.

(9) To avoid doubt, a person who is required to pay annual rent or an annual administrative fee must pay the rent or fee for the full operational year of the mineral title even if the title ceases to be in force, or is renewed, before the end of the year.

Note for regulation 77

See section 16(4) of the Act for the application of Schedule 1 to part of a block.

77A Rehabilitation rent

(1) Before ceasing extraction activities on the title area and beginning rehabilitation of the title area, the holder of an EMP must apply to the Minister for approval to pay the rehabilitation rent applicable to the title area.

(b) made at least 30 days before the end of the last operational year.

(a) initially give an approval with respect to a period not exceeding 2 years; and

(b) on application under this subregulation, extend an approval for a further period or periods, but not so as to result in a total period exceeding 4 years.

78 Annual report for EL, ELR, ML or MLSSM

(1) The holder of an EL, ELR, ML or MLSSM must give the Minister an annual report, in the approved form, within 60 days after the end of each operational year of the mineral title.

Note for subregulation (1)

See regulation 131 for provisions about the late fee payable if the report is not given on or before the reporting day.

(2) The annual report must contain the details and history of the mineral title and information about the following activities conducted under the title during the operational year:

(a) programs involving geological sciences (such as geological, geophysical and geochemical surveys), which may include desktop reviews, data assessment and interpretation and target generation;

(b) the collection and analysis of rock, soil, sediment, mineral, groundwater or vegetation samples;

(d) technical investigations related to exploration (such as pre‑feasibility studies, feasibility studies, metallurgical or mineral processing studies, groundwater and geotechnical studies).

(2A) The annual report must include the number of any environmental (mining) licences issued in relation to the mineral title under the Environment Protection Act 2019.

(3) The annual report must also contain information about all exploration conducted in the operational year in sufficient detail to substantiate the expenditure specified in the expenditure report for the exploration.

(b) maps showing the location, in relation to the boundaries of the title area, of the exploration, survey boundaries, drilling and recovery of geological samples;

(c) details of each geological sample recovered from the title area during the operational year;

(d) survey and analytical results, raw and processed data and imagery and other spatial data, as appropriate;

(e) descriptions of survey, drilling and sampling methodology, logistics, data processing and modelling;

(g) interpretation of all exploration results, including maps, sections, logs and models;

(5) If a person owns the copyright in all or any part of the annual report, the title holder giving the report must comply with regulation 126.

80 Exploration project area for ELs

(1) The holder of multiple ELs may apply to the Minister for approval of an exploration project area for the title areas of 2 or more of the ELs (the project area) if:

(b) the title holder is approved to give a group report under regulation 87 for the project area; and

(c) the title holder has already conducted a substantial amount of technical work in the project area; and

(d) the title holder intends to conduct a substantial amount of further technical work in the project area.

(2) If the holder is a body corporate, the application may be made jointly with a related body corporate.

(3) The application must be made, in the approved form, and include the following information:

(a) details of the technical work conducted in the project area during the previous 2 years;

(b) details of the proposed technical work to be conducted in the project area during the next 12 months.

(4) The application must be made within 60 days after the end of an operational year of the mineral titles for the project area.

(5) The Minister may approve an exploration project area if satisfied that:

(b) the applicant has met the expenditure conditions for the ELs for the reporting year prior to the date of the application.

(6) The Minister may revoke the approval of an exploration project area if the holder of an EL in the exploration project area declares bankruptcy or is placed into administration, liquidation or control under the Corporations Act 2001 (Cth).

(7) On application by the holder of an EL in an approved exploration project area, the Minister may add or remove one or more ELs from the project area if at least 2 ELs remain in the project area.

81 Expenditure report for EL, ELR, ML or MLSSM

(1) The holder of an EL, ELR, ML or MLSSM must give the Minister an expenditure report, in the approved form, within 60 days after the end of an operational year.

(2) The expenditure report for an EL, ELR or ML must include the following information:

(a) the amount the title holder proposes to expend on carrying out technical work for the next operational year;

(b) the amount expended on technical work carried out during the operational year for which the report is given.

(a) for the first operational year of an EL – details of any amount specified in an airborne survey report of land, now in the title area, and expended by the title holder; and

(b) any other expenditure on the title area otherwise required to be included in the report.

(a) require the title holder to provide further or better information relating to expenditures or proposed expenditures included in the expenditure report; and

(b) audit, or require the title holder to have a third party audit, any expenditures.

82 Compliance with expenditure condition

(1) In considering an expenditure report for an EL or ELR, the Minister must be satisfied the title holder has complied with the expenditure condition.

Note for subregulation (1)

The Minister may exercise the discretion under section 105 of the Act to cancel the EL or ELR, or cancel the title for part of the title area, for a contravention of a condition.

(2) If the title holder of an EL has contravened the expenditure condition during an operational year when the title area of the EL must be reduced under section 29 of the Act, the Minister need not consider any application made by the title holder under section 29(4) of the Act.

(3) Subregulation (2) does not prevent the Minister from also taking action under section 105 of the Act to cancel the EL for all or part of the title area.

(4) If the title holder of the ELs in a project area contravenes the expenditure condition for the project area:

(a) this regulation applies in relation to all of the ELs for the area; and

(b) the Minister may take the action the Minister considers appropriate in relation to all or any of the ELs.

Examples for subregulation (4)(b)

1 The Minister need not consider an application under section 29(4) of the Act relating to any one or more of the ELs.

2 The Minister may cancel some of the ELs and take no action in relation to the others.

3 The Minister may cancel all of the ELs in relation to some of the blocks in each title area of the ELs.

4 The Minister may cancel all of the ELs.

83 Production report for ML, MLSSM, MLTF, EML or EMP

(1) Subject to subregulation (2), the holder of an ML, MLSSM, MLTF, EML or EMP must give the Minister a production report, in the approved form, within 14 days after the end of each financial year.

(a) an ML or EML that gives the title holder the right to conduct activities in the title area that are ancillary to mining conducted under another ML or EML granted to the title holder; or

(c) an MLF, MLSSM or MLTF that was converted from a non‑compliant existing interest; or

(d) an ML, EML or EMP that does not have an environmental (mining) licence issued under the Environment Protection Act 2019.

84 Resource report for EL, ELR or ML

(1) The holder of an EL, ELR or ML must give the Minister a resource report, in the approved form, within 60 days after the end of each operational year.

(2) A resource report may be combined with an annual report for the same mineral title.

85 Final report for EL, ELR, ML or MLSSM

(1) For section 94(2)(e) of the Act, the holder of an EL, ELR, ML or MLSSM must give the Minister the final report, in the approved form, within 60 days after the mineral title ceases to be in force for all of the title area.

Note for subregulation (1)

See regulation 131 for provisions about the late lodgement fee payable if the report is not given when required.

(a) a summary of all of the information given in all of the annual reports for the mineral title;

(b) information about the authorised activities conducted in the title area since the end of the operational year for which the latest annual report was given, including information that would otherwise be required to be included in an annual report for the mineral title under regulation 78;

(c) the amount expended on authorised activities conducted in the title area since the last expenditure report for the title was given.

Note for subregulation (2)

See regulation 126 for provisions about copyright authorisation for the report.

(3) A final report may be lodged as a group report if the title holder is approved to give a group report under regulation 87 for the title area.

86 Partial relinquishment report for EL, ELR or ML

(1) The holder of an EL, ELR or ML must give the Minister a partial relinquishment report, in the approved form, within 60 days after the mineral title ceases to be in force for part of the title area.

Note for subregulation (1)

See regulation 131 for provisions about the late lodgement fee payable if the report is not given when required.

(2) A partial relinquishment report must include the following in relation to the part of the title area for which the mineral title ceased to be in force:

(a) a summary of all of the information given in all of the annual reports for that part;

(b) information about the authorised activities conducted in that part since the title was granted, including information that would otherwise be required to be included in an annual report for the part under regulation 78;

(c) the amount expended on authorised activities conducted in that part since the last expenditure report for the title was given.

Note for subregulation (2)

See regulation 126 for provisions about copyright authorisation for the report.

(3) A partial relinquishment report may be lodged as a group report if the title holder is approved to give a group report under regulation 87 for the title area.

87 Group report for ELs, ELRs or MLs

(2) The holder of multiple mineral titles may apply to the Minister for approval to give a group report that combines the annual reports and expenditure reports for 2 or more mineral titles if the titles are of the same type and same geological province.

(3) If the holder is a body corporate, the application may be made jointly with a related body corporate.

(4) The Minister may approve the giving of a group report for all or some of the mineral titles in an application if satisfied that it is appropriate.

(5) The Minister may, at the Minister's discretion or on application by the title holder, add or remove mineral titles from an approval to give a group report.

(a) provided for the reporting period determined by the Minister, or agreed on by the Minister and the title holder, in the approval; and

Note for subregulation (6)

See regulation 131 for provisions about the late lodgement fee payable if the report is not given on or before the reporting day.

87A Report for MLTF

(1) The Minister may determine the reporting requirements for the holder of an MLTF.

(2) The holder of an MLTF must report on the activities conducted under the mineral title in accordance with the Minister's determination.

88 Information contained in report

(1) It is a condition of a mineral title that the title holder must, in giving a report under this Division, include in the report all of the information to be given under the Act.

(a) if there is an approved form for a document that is part of the report – give the information as required by the form; and

(b) otherwise – format particular information (for example, geophysical data) in a way that is acceptable to the Minister.

(3) The Minister may refuse to consider the report if the title holder has contravened a condition mentioned in this regulation.

(4) However, before taking any other action in relation to a contravention, the Minister must require the title holder under section 165(2) of the Act to:

(b) take any other action in relation to the report, as specified in the requirement.

Division 3 Miscellaneous conditions

89 Geological samples

(1) For section 93 of the Act, the holder of an EL, ELR or EMEL must store geological samples in a way that protects them from damage or deterioration until the title holder:

(2) After considering a notice of the recovery of a geological sample given under section 93(1) of the Act, the Minister may consent to the disposal of the sample.

(3) For section 93(3) of the Act, a title holder must give the Minister a remaining sample as soon as practicable after:

(a) if the title is surrendered or ceases to be in force for all of the title area – the date on which the surrender or cessation takes effect; or

(b) if the title area is surrendered or ceases to be in force for a part of the area that includes the place where the remaining sample was recovered – the date on which the surrender or cessation takes effect; or

(c) for an EL or ELR under which work described in an annual report ceases to be carried out – the date on which the work ceases.

remaining sample means a sample that has not been disposed of with the Minister's consent.

90 Notice of change

(1) For section 98(1)(c) of the Act, the holder of a mineral title who is an individual must give the Minister a notice of change if the title holder:

(b) has applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or

(c) has compounded with the title holder's creditors or has assigned the title holder's remuneration for their benefit.

Note for subregulation (1)

Section 98(3) of the Act applies to a corporation.

(2) Also, if the holder of a mineral title has nominated an agent whose name or contact details have changed, the title holder must give the Minister a notice of change under section 98 of the Act.

(3) A notice of change must specify the new details or circumstances relevant to the title holder.

Part 7 General reserved land

91 Variation or revocation if notice of intention to be given

(a) the Minister intends to vary or revoke the reservation of general reserved land under section 113(4) of the Act; and

(b) the notice of reservation of the land includes a statement mentioned in section 113(3)(g) of the Act.

(2) For section 113(4)(c) of the Act, the Minister must give notice in a newspaper circulating in the locality of the general reserved land of the Minister's intention to vary or revoke the reservation under section 113(4) of the Act.

(a) a description of the land to which the intended variation or revocation relates;

(c) the period (which must be at least 30 days after publication of the notice) within which persons may make written submissions to the Minister about the intended variation or revocation;

(4) If the Minister made the decision to reserve the general reserved land after considering a written request for the reservation, the Minister must give the person who made the request a copy of the notice.

(5) Before deciding whether or not to vary or revoke the reservation, the Minister must take into account each submission received within the period mentioned in subregulation (3)(c).

(6) If the Minister decides to vary or revoke the reservation, the Minister must do so by Gazette notice that includes the following:

(a) a description of the land to which the variation or revocation relates;

(7) If the Minister decides not to revoke or vary the reservation, the Minister must, by Gazette notice, give the following information:

(a) brief details of the intention as notified under subregulations (2) and (3);

(8) The Minister must give a copy of the notice under subregulation (6) or (7) to each person who made a submission within the period mentioned in subregulation (3)(c).

92 Variation or revocation if no notice of intention to be given

(a) the Minister varies or revokes the reservation of general reserved land under section 113(4) of the Act; and

(b) the notice of reservation of the land does not include a statement mentioned in section 113(3)(g) of the Act.

(2) The variation or revocation must be by Gazette notice that includes the following information:

(a) a description of the land to which the variation or revocation relates;

Part 8 Mineral Titles Register

93 Applications for grant of title – entry of information

The Minister must enter the following information in the register in relation to an application for the grant of a mineral title:

(d) the number allocated to the mineral title the subject of the application;

(f) if the application is made by more than one person – the interest in the mineral title proposed to be held by each applicant;

(g) details (including the date and time of lodgment with the Agency) of any of the following:

(i) an application for approval and registration of the transfer of a mineral rights interest in the application;

(ii) an application for registration of the devolution of a mineral rights interest in the application;

(iii) an application for registration of a general dealing relating to a mineral rights interest in the application;

(iv) the lodgment of a caveat claiming a legal or equitable interest in the application;

94 Mineral titles – entry of information

The Minister must enter in the register the following information in relation to a mineral title:

(g) details of any application made under Part 5, Division 5 of the Act;

(h) details (including the date and time of lodgment with the Agency) of any of the following:

(i) an application for approval and registration of the transfer of a mineral rights interest in the title;

(ii) an application for registration of the devolution of a mineral rights interest in the title;

(iii) an application for registration of a general dealing relating to a mineral rights interest in the title;

(iv) the lodgment of a caveat claiming a legal or equitable interest in the title;

(i) a decision or subsequent action relating to an application or lodgment mentioned in paragraph (g) or (h).

95 Transfer of mineral rights interest – entry of details

(1) For regulation 93(g)(i) or 94(h)(i), the following details must be included in the register:

(a) the names and contact details of each person transferring a mineral rights interest and each person to whom a mineral rights interest is to be transferred;

(2) The Minister need not enter in the register the details of an agreement relating to the transfer of a mineral rights interest.

96 Entry of additional information

The Minister may enter in the register any information not mentioned in this Part that the Minister considers should be entered.

97 Fees payable in relation to register

The fee payable for a matter mentioned in section 121(6)(b) of the Act is specified in Schedule 1, Part 4.

Part 9 Fossicking

Division 1 Preliminary matters

97A Meaning of mineral

For section 135(5)(b) of the Act, zebra rock is a prescribed substance.

98 Meaning of relevant land

(a) pastoral land, unless consent to fossick is required by regulation 101; or

(c) pastoral land for which consent to fossick is required by regulation 101; or

(e) the title area or proposed title area of an ML, EMP or EML, as mentioned in section 141 of the Act.

99 Meaning of specified person

(1) The specified person, for a fossicking notice for relevant land, is:

(ii) if the occupier cannot be located or there is no occupier – the landowner; or

(2) The specified person, for a fossicking request for relevant land, is:

(i) for reserved land not in a fossicking area – the Minister; or

(b) for private land mentioned in section 139(1) of the Act or pastoral land for which consent to fossick is required under regulation 101:

(ii) if the occupier cannot be located or there is no occupier – the landowner; or

(c) for land in the title area of an ML, EMP or EML, as mentioned in section 141 of the Act – the title holder; or

(d) for land in the proposed title area of an ML, EMP or EML – the applicant for the grant of the mineral title.

99A Fossicking equipment

For section 135(2)(a) of the Act, the following equipment may be used for fossicking:

(c) a power tool used only to separate material but not to extract material.

Example for paragraph (c)

A dry blower or sluice.

Division 2 Requirements for notices, consent and entry onto relevant land

100 Requirement to give notice of intention to fossick

(1) This regulation applies to a person who intends to fossick on relevant land and is required by the Act or these Regulations to give notice of the intention to the specified person for the land.

(2) The person must give the specified person a notice (a fossicking notice) before entering the land to start fossicking.

(a) if the person intends to fossick for gold on an EL – at least 14 days before the person wishes to enter the land; and

(b) in any other case – at least 7 days before the person wishes to enter the land.

(a) a statement that the fossicker intends to fossick on the relevant land;

(c) a description or map of the area where the fossicker intends to fossick on the relevant land, clearly indicating the location;

(f) the equipment to be used for the fossicking, including the registration details of all vehicles, trailers and caravans that will enter the relevant land;

(fb) the details of the measures to be taken by the person to minimise the spread of weeds caused by the fossicking;

(fc) the duration of each fossicking activity, from the entry until the exit of the fossickers on the relevant land;

(g) the date of intended entry onto the relevant land to start fossicking (which must be after the expiration of the notice period that applies under subregulation (2A));

(4) Regardless of the date of entry specified in the fossicking notice, the specified person may agree to an earlier entry date.

101 When consent required to fossick on pastoral land

For section 139(3) of the Act, a person who intends to fossick on pastoral land requires the written consent of the occupier of the land if the area on which the fossicking is to be conducted:

(a) is, at that time, clearly and actively being used for a particular pastoral activity; or

(c) is within 1 km of a stockyard or an artificial watering point.

101A When access to fossick for gold may be declined

(1) For section 140(3)(a) of the Act, the title holder of an EL may decline access to land in the title area of the EL if the title holder is actively conducting authorised activities on that land.

(b) be given to the person who gave the fossicking notice within 14 days after the day on which the notice was received by the title holder.

(a) the title holder must not unreasonably decline access to land under this regulation; and

(b) a dispute about gaining access may be decided by the Tribunal on application by the person who gave the fossicking notice.

(4) The title holder may be taken to have unreasonably declined access if the fossicking described in the fossicking notice would not interfere substantially with the title holder's authorised activities on the land.

103 Requirement to obtain consent to fossick

(1) This regulation applies to a person who intends to fossick on relevant land and is required by the Act or these Regulations to obtain the written consent of the specified person for the land.

(2) The person must give the specified person a notice (a request for consent) at least 14 days before the date of intended entry onto the land.

(a) a request that the specified person give written consent to the entry onto the relevant land to fossick;

(c) if the specified person is the landowner of relevant land that is a park or reserve – a statement about the effect of section 168 of the Act if the landowner does not respond to the request.

Note for subregulation (3)(c)

Because of section 4(1) of the Act, the right under section 168 of the Act in relation to Aboriginal land or an Aboriginal Community living area is restricted under other Acts in force in the Territory.

(4) Regardless of the date of intended entry onto the land specified in the request for consent, the specified person may consent to an earlier or later entry date.

104 Refusal of consent

(1) The specified person for relevant land may refuse a person's request for consent by written notice to the person, giving reasons for the refusal.

(a) the specified person must not unreasonably refuse the request for consent; and

(b) a dispute about a refusal may be decided by the Tribunal on application by the person who made the request.

(3) The specified person may be taken to have unreasonably refused the request for consent if the fossicking described in the request would not interfere substantially with the specified person's use of the relevant land.

(4) Subregulations (2) and (3) do not apply if the Minister is the specified person.

(5) If a person has entered relevant land to fossick as authorised by section 168 of the Act, and the landowner subsequently gives the fossicker a notice refusing the person's request for consent, the person must leave the land without delay.

105 Withdrawal of consent

(1) The specified person for relevant land who has consented to a person's request for consent may, by written notice to the person, withdraw the consent if the specified person reasonably believes:

(a) the person has contravened requirements or conditions under the Act relating to fossicking; or

(b) the person's fossicking is interfering substantially with the specified person's use of the land.

(2) The specified person must give reasons for the refusal in the notice.

(3) On receipt of the notice, the person must leave the relevant land without delay.

106 Offences relating to entry onto relevant land requiring notice

(a) has entered relevant land mentioned in regulation 98(1) to fossick on the land; and

(b) has not given a fossicking notice to the specified person for the land.

Maximum penalty: 40 penalty units.

(a) has given a fossicking notice to the specified person for relevant land; and

(b) enters the relevant land earlier than the date specified in the fossicking notice or as agreed with the specified person.

Maximum penalty: 40 penalty units.

(a) the person has given a fossicking notice to the specified person for the relevant land; and

(c) the specified person declines access to the land under regulation 101A; and

Maximum penalty: 80 penalty units.

107 Offences relating to entry onto or remaining on relevant land requiring consent

(a) the person has entered relevant land mentioned in regulation 98(2) to fossick on the land; and

(i) has given the person a notice of refusal under regulation 104(1); or

Maximum penalty: 80 penalty units.

(2) However, a person does not commit an offence against subregulation (1) if:

(ii) private land or pastoral land and the fossicking request was given to the landowner as mentioned in regulation 99(2)(b)(ii); and

(c) the person has entered the land as authorised by section 168 of the Act.

(a) the person has entered relevant land mentioned in regulation 98(2) to fossick on the land; and

(i) a notice of refusal under regulation 104(1) after the person's entry is authorised by section 168 of the Act; or

(ii) a notice under regulation 105(1) withdrawing consent to the person's fossicking request; and

Maximum penalty: 80 penalty units.

(a) has been given a notice by the specified person for relevant land consenting to the person's fossicking request; and

(b) enters the relevant land earlier than the date specified in the request or as agreed with the specified person.

Maximum penalty: 40 penalty units.

(a) the person enters relevant land mentioned in regulation 98(2); and

(c) the specified person for the land was not given a fossicking request mentioned in regulation 99(2)(b)(ii).

Maximum penalty: 80 penalty units.

(5) Strict liability applies to subregulations (1)(b)(i), (4)(a) and (4A).

108 Documents required to be in person's possession

(1) At all times when a person is on relevant land to fossick, the person must have in his or her possession the following documents:

(b) in relation to relevant land mentioned in regulation 98(1) – proof that the person gave a fossicking notice to the specified person for the land;

(i) if the specified person for the land consented to the fossicking request – the document giving consent; or

(ii) if the fossicker has entered the land as authorised by section 168 of the Act – proof that the person gave a fossicking request to the landowner.

(2) The person must show the documents to any of the following persons who ask to see them:

(b) if the relevant land is in the title area of a mineral title – the title holder;

Maximum penalty: 20 penalty units.

(3) An offence against subregulation (2) is an offence of strict liability.

Division 3 General offences

109 No extraction of more than prescribed amount

(1) For the definition fossick in section 135(2)(b) of the Act, the prescribed amount of a mineral is:

(2) A fossicker commits an offence if the fossicker extracts more than the prescribed amount of a mineral from relevant land.

Maximum penalty: 200 penalty units.

(3) A fossicker who discovers more than the prescribed amount of gold must, within 28 days after the discovery, give the Minister a notice about the discovery that describes the location of the gold.

(4) A fossicker who discovers more than the prescribed amount of gold in the title area of an EL during 1 day must, within 28 days after the discovery, give the title holder of the EL a notice in the approved form about the discovery.

(a) the fossicker is required to give a notice under subregulation (3) or (4); and

(b) the fossicker fails to comply with the requirement within the period mentioned in subsection (3) or (4).

Maximum penalty: 80 penalty units.

110 Obligations to occupier or landowner

(1) A fossicker must comply with the reasonable conditions or requests of the occupier or landowner of the land on which he or she is fossicking.

(2) The fossicker may use water conserved artificially by or for the occupier or landowner only with that person's consent.

(b) the conduct results in a contravention of subregulation (1) or (2).

Maximum penalty: 80 penalty units.

(4) This regulation does not affect the fossicker's obligation to comply with other laws in force in relation to the land on which the fossicker is fossicking.

111 Activities must relate to fossicking

A fossicker must not engage in any activity on relevant land that is unrelated to fossicking.

Maximum penalty: 40 penalty units.

112 No interference with infrastructure

A fossicker must not interfere with:

(b) animals owned or under the control of the relevant landowner or occupier of the land or adjoining land.

Maximum penalty: 80 penalty units.

113 No interference with lawful fossicking

A person commits an offence if:

(a) another person is authorised by or under the Act to enter land and fossick on the land (the authorised fossicker); and

(b) the person engages in conduct to prevent the authorised fossicker from:

Maximum penalty: 40 penalty units.

Part 10 Applications to Tribunal and other matters

114 Application for review of reviewable decision

(1) A person may apply to the Tribunal for a review of a reviewable decision.

(2) A reviewable decision is a decision made by the Minister mentioned in Schedule 2.

115 Recommendation of Tribunal and subsequent decision

(1) Within 2 months after conducting a proceeding relating to a review of a reviewable decision, the Tribunal must:

(b) give the parties to the proceeding a written notice of the Tribunal's recommendation and the reasons for making it.

(2) After considering the recommendation and reasons for making it, the Minister must decide to:

(3) In making the decision under subregulation (2), the Minister is not required to follow the recommendation.

(4) Within 28 days after receiving the recommendation, the Minister must give the applicant for the review a notice of the decision under subregulation (2) and the reasons for the decision.

116 General applications

(1) 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.

(2) Without limiting subregulation (1), the dispute may relate to any of the following:

(a) the area, dimensions and boundaries of land being surveyed for a proposed title area or title area;

(b) the entry onto land to conduct preliminary exploration or fossicking, to conduct authorised activities under a mineral title or to construct, maintain and use infrastructure under an access authority;

(c) the use of a landowner's water by a person who is conducting preliminary exploration or fossicking or by the holder of a mineral title;

(d) the entry onto a title area by a person other than the holder of the title;

(3) This regulation does not apply in relation to an application mentioned in section 161(1) or (2) of the Act.

Part 11 Administration

125 Release or publication of information

(1) For section 171 of the Act, this regulation provides for matters relevant to the release or publication of information contained in a report given under section 94 of the Act.

(2) The Minister must not release or publish any information contained in an expenditure report, production report or reserves report unless the information is:

(a) a general summary of information contained in the report for a particular period; or

(3) The Minister may release or publish information contained in an annual report or final report in a way the Minister considers appropriate, as follows:

(i) if the mineral title to which the report relates ceases to be in force – at any time after the cessation; or

(ii) otherwise – at any time after the end of 5 years following the date on which the report was given;

(b) for a final report – at any time after the report is given.

(4) However, the Minister may release or publish information contained in an annual report earlier than is specified in subregulation (3)(a) if the holder of the mineral title gives written consent to the earlier release or publication.

(5) Also, the Minister may release or publish information contained in an annual report earlier than is specified in subregulation (3)(a)(ii) if:

(a) the information is included in an amalgamated report for annual reports; and

(b) one of the mineral titles to which the amalgamated report relates has ceased to be in force for all or part of the title area of that title; and

(c) the title holder has not given a final report relating to the title area on or before the reporting day for the title.

126 Copyright – authorisation of publication

(1) This regulation applies to a person (the relevant person) who is required to give the Minister any of the following:

(2) If the copyright in part of the report is owned by another person, the relevant person must take all reasonable steps to obtain the other person's written authority for the publication of the information contained in that part.

(a) if the relevant person owns the copyright in all or part of the report:

(i) include a statement about that person's ownership of copyright; and

(ii) if the statement relates to part of the report – clearly identify that part; and

(iii) authorise the Minister to publish information in which the copyright subsists; and

(i) include in the report a statement about the other person's ownership of copyright; and

(ii) clearly identify the part of the report in which the copyright subsists; and

(iii) state whether or not the other person has authorised the publication of the information contained in that part; and

(iv) if the other person has not authorised the publication – briefly describe the steps taken to obtain the authorisation.

publication means publication, within the meaning of the Copyright Act 1968 (Cth), under regulation 10 or 125.

127 Requirement for geological samples

(1) The Minister may require the holder of a mineral title to give the Minister a geological sample at any time during the term of the title.

(2) Subregulation (1) applies in relation to the holder of an EL, ELR, EMEL or ML in addition to the condition under section 93(3) of the Act, as mentioned in regulation 89(3).

Example for subregulation (2)

The Minister may require the holder of an EL to give the Minister a drill core recovered from the title area before the work mentioned in regulation 89(3)(c) has ceased, but the title holder must give all other geological samples in compliance with the condition under section 93(3) of the Act.

128 Examination and analysis of geological samples

(1) Subject to subregulation (3), a geological sample given to the Minister under section 93(3) of the Act or regulation 127 is available for examination or analysis by any person.

(2) The Minister may release a geological sample for examination or analysis as follows:

(a) for a geological sample recovered from the title area of an EL, ELR or ML – only if regulation 125 authorises the Minister to release or publish information contained in the relevant annual report;

(3) For subregulation (2)(a), the relevant annual report is the annual report for the operational year in which the holder of the EL, ELR or ML:

(b) was required to notify the recovery under section 93(1) of the Act.

(4) Despite subregulation (2)(a), the Minister may release a geological sample for examination or analysis earlier than specified if the holder of the EL, ELR or ML gives written consent to the earlier release.

129 No refund of fees on cancellation

A title holder is not entitled to a refund of any part of a fee paid for a mineral title during an operational year if the mineral title is cancelled for all or part of the mineral title.

130 Circumstances when rent to be refunded

Unless a regulation states otherwise, the Minister must refund to a title holder any excess rent paid for a mineral title if:

(a) before a reduction or decision under section 29 of the Act took effect – the title holder had paid rent for a larger title area than exists after the reduction or decision; or

(b) for another reason, including an error in calculation – the title holder has paid more than the amount required.

131 Late lodgement fee

(g) an application under regulation 80 for an exploration project area.

(a) fails to lodge the report within the time required by these Regulations; or

(b) lodges the application after the time required by these Regulations.

(3) The late lodgement fee is payable for each week or part of a week for which the report or application is late, as specified in Schedule 1, Part 5.

(4) The Minister must give the person a late lodgement notice stating:

(b) if the contact details of the person given the notice include an email address – by email.

(6) The amount of any unpaid late lodgement fee is a debt owing to the Territory.

(7) Despite subregulations (2) and (3), the Minister may waive the late lodgement fee if satisfied the person has a reasonable excuse.

Part 12 Transitional matters

Division 1 Mineral Titles Act 2010

Subdivision 1 Existing applications

132 Refusal to accept existing application

(1) The Minister may refuse to accept an existing application for the grant of an existing interest made before the commencement day if the Minister:

(a) had not started to consider the details or merits of the application before the commencement day; or

(b) reasonably considers the application to contain insufficient or incorrect information.

(2) The Minister need not refund to the applicant the fee paid with the application.

(b) a payment made for advertising costs if those costs have not been incurred.

133 Corresponding application – grant of ML

(1) If, immediately before the commencement day, there was in force a notice mentioned in section 61(2) of the repealed Act in relation to an existing application for the grant of a mineral lease:

(a) the notice continues in force only to the extent that it authorises the applicant to occupy and use the land to which the application relates; and

(2) As soon as practicable after the commencement day, the Minister must grant an ML to the applicant.

134 Grant of existing interest – no corresponding application

(1) This regulation applies in relation to an existing application for the grant of an existing interest mentioned in section 200(1)(a) of the Act.

(i) accept withdrawal of the application and refund to the applicant the fee and rent paid for the application; or

(ii) accept withdrawal and also accept for consideration an application under Part 3 or 4 of the Act or section 118 of the Act (a new application), as relevant, for a mineral title appropriate for the activities the applicant intends to conduct; or

(b) refuse to consider the application and refund to the applicant the fee and rent paid for the application.

(3) Subregulation (2)(a)(ii) applies to the acceptance of a new application even if Part 4, Division 3 would otherwise prevent the acceptance.

(a) the new application is taken to have been made on the same day and at the same time as the withdrawn existing application; but

(b) the fee payable for the new application is as specified in Schedule 1, Part 1 and rent payable for the title area specified in the new application is as specified in Schedule 1, Part 2.

(5) However, the fee and rent payable by the applicant in connection with the new application must be adjusted to take into account the fee and rent paid by the applicant in connection with the existing application.

135 Renewal of existing interest – no corresponding application

(1) This regulation applies in relation to an existing application for the renewal of a non-compliant existing interest mentioned in section 200(1)(b) of the Act.

(2) The non-compliant existing interest continues in force until the Minister takes an action mentioned in section 204(3) of the Act, even if the term for which the interest was granted expires before the action is taken.

(3) During the period the non-compliant existing interest is in force under subregulation (2), it has effect as if the repealed Act were still in force.

136 Refunds if existing application for grant of existing interest refused

(1) This regulation applies if the Minister refuses to grant a mineral title to a person who made an existing application for the grant of an existing interest mentioned in section 199 or 200 of the Act.

(2) The Minister need not refund to the applicant the fee paid with the application.

(b) a payment made for advertising costs if those costs have not been incurred.

Subdivision 2 Conversion to appropriate mineral title

137 Conversion of non-compliant title to another mineral title

(1) This regulation applies if the Minister converts a non-compliant title to another mineral title after making a decision under section 203(3)(c) of the Act.

(2) The Minister must issue the holder of the non-compliant title with a mineral title to replace that title.

(a) include in the replacement title the conditions the Minister considers appropriate; and

(b) specify in the replacement title that particular provisions of the Act or these Regulations do not apply in relation to the title.

138 Conversion of non-compliant existing interest to appropriate mineral title

(1) If the Minister converts a non-compliant existing interest to a mineral title after making a decision under section 204(3)(a) of the Act, the Minister must issue the holder of the existing interest with a mineral title to replace the interest.

(a) include in the mineral title the conditions the Minister considers appropriate; and

(b) specify in the title that particular provisions of the Act or these Regulations do not apply in relation to the title.

139 Conversion of mineral claim to EL

(1) This regulation applies if the Minister converts a mineral claim or mineral lease to an EL (the converted EL) after making a decision under section 204(3)(a) of the Act.

(2) The converted EL is taken to have been in force for 6 years on the day the Minister issues the EL under regulation 138(1) and, subject to this Part, the Act and these Regulations apply accordingly.

(3) If the title area of the converted EL is within the title area of an EL held by another person (the original EL):

(a) the title area of the converted EL is removed from the title area of the original EL; and

(b) the Minister must vary the original EL accordingly and give the title holder a notice of the variation.

(4) If a person holds 2 or more mineral claims or mineral leases with adjoining boundaries, the Minister may issue one EL for the entire area of land to which the mineral claims or mineral leases relate.

140 Renewal of non-compliant existing interest continued in force

(1) This regulation applies if the holder of a non-compliant existing interest continued in force under section 204(2) of the Act intends to renew the interest before the Minister has taken an action mentioned in section 204(3) of the Act in relation to the interest.

(2) The holder may apply to the Minister for renewal of the interest, and the Minister may renew the interest, as if the repealed Act were still in force.

(3) Section 204(2) to (5) of the Act apply in relation to the renewed interest.

Subdivision 3 Payment of rent

141 Payment of rent for converted mineral title

(a) until the day on which the EL is renewed or ceases to be in force – as if the repealed Act were still in force;

(2) Rent is payable for any other converted mineral title in accordance with regulation 77 for an operational year that starts on or after the commencement day.

Division 2 Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014

143 Definitions

In this Division:

commencement means the commencement of Part 14 of the Northern Territory Civil and Administrative Tribunal (Conferral of Jurisdiction Amendments) (No. 2) Act 2014.

former legislation means the following as in force immediately before the commencement:

former Tribunal means the Lands, Planning and Mining Tribunal as in existence under the Lands, Planning and Mining Tribunal Act 1998 immediately before the commencement of the Northern Territory Civil and Administrative Tribunal Act 2014.

new legislation means the following as in force after the commencement:

(b) the Northern Territory Civil and Administrative Tribunal Act 2014.

144 Review of Minister's decision notified before commencement

(a) before the commencement, the Minister had given a person a review notice for a reviewable decision; and

(i) immediately before the commencement, the review period for the decision had not expired and the person had not applied for a review of the decision;

(ii) before the commencement, the person had applied for a review of the decision and the proceeding for the review had not been decided.

(2) If the circumstance mentioned in subregulation (1)(b)(i) applies, the former legislation continues to apply in relation to the entitlement of the person to apply for a review of the decision within the review period.

(3) The former legislation continues to apply in relation to the functions and powers of the former Tribunal in conducting and deciding a proceeding for the review regardless of whether the proceeding:

review period means the period within which a person given a review notice is entitled to apply for a review of, or to appeal against, the reviewable decision mentioned in the notice.

145 Minister's decision made after commencement

(a) a person had made an application to the Minister for a reviewable decision before the commencement; and

146 Application made to former Tribunal

(a) a person had made an application to the former Tribunal under the former legislation; and

(2) The former Tribunal must continue to deal with the application in accordance with the former legislation.

(3) The person may appeal to the Supreme Court against the decision of the Tribunal only on a question of law.

Division 3 Mineral Titles Legislation Amendment Act 2026

147 Definition

In this Division:

commencement means the commencement of section 92 of the Mineral Titles Legislation Amendment Act 2026.

148 Payment of rent for non-compliant existing interest

(1) Rent is payable for a non-compliant existing interest in the amount specified for the title in Schedule 1, Part 2 for the period beginning on the commencement until the Minister takes action under section 204(3) of the Act.

(2) If the Minister converts the non-compliant existing interest to a mineral title, rent is payable for the mineral title under regulation 77 from the day the title is issued.

(3) If the Minister does not convert the non-compliant existing interest to a mineral title, but takes an action mentioned in section 204(3)(b) to (d) of the Act, the Minister may refund to the former holder of the existing interest the amount of rent paid for the remaining period of the current rental period for the interest.