Environment and Resource Management

Processing Arrangements for current exploration, mining and petroleum tenement applications

Three key periods determine how the department processes current tenement applications lodged:

with respect to land subject to native title under the Native Title Act 1993.

The following table shows which process applies according to the date the application was lodged.

Statute Current tenement application Application lodgement date

Before
18 September 2000

18 September 2000
to 31 March 2003

From 1 April 2003

Mineral Resources Act 1989 Prospecting permit for pegging only
  • Native title process not applicable
Prospecting permit for prospecting
  • ILUA or
  • RTNs or
  • Only granted over extinguishing land tenures in application
  • ILUA or
  • ASPs
  • Only granted over extinguishing land tenures in application
  • ILUA or
  • RTNs
  • Only granted over extinguishing land tenures in application
Exploration permit (high or low impact)
  • ILUA or
  • ASPs (for applications allocated a notification commencement date before 1 April 2003) or
  • Expedited Procedure or section 31 agreement under RTNs for remainder
  • Grant exclusive of non-extinguished land where native title extinguished over >90%
  • ILUA or
  • ASPs
  • Grant exclusive of non-extinguished land where native title extinguished over >90%
  • ILUA or
  • Expedited Procedure or section 31 agreement under RTNs
  • Grant exclusive of non-extinguished land where native title extinguished over >90%
Mineral development licence
  • ILUA or
  • RTNs or
  • Grant exclusive of non-extinguished land where native title extinguished over >90%
  • ILUA or
  • ASPs
  • Grant exclusive of non-extinguished land where native title extinguished over >90%
  • ILUA or
  • Expedited procedure or section 31 agreement under RTNs 
  • Grant exclusive of non-extinguished land where native title extinguished over >90%
Mining claim
  • ILUA or
  • ASPs (for applications allocated a notification commencement date before 1 April 2003)
  • Only granted over extinguishing land tenures in application
  • ILUA or
  • ASPs
  • Only granted over extinguishing land tenures in application
  • ILUA or
  • RTNs
  • Only granted over extinguishing land tenures in application
Mining lease
  • ILUA or
  • ASPs (for applications allocated a notification commencement date before 1 April 2003)
  • Only granted over extinguishing land tenures in application
  • ILUA or
  • ASPs
  • Only granted over extinguishing land tenures in application
  • ILUA or
  • RTNs
  • Only granted over extinguishing land tenures in application
Petroleum & Gas (Production & Safety) Act 2004 Authority to prospect
  • ILUA or
  • RTNs
  • Only granted over extinguishing land tenures in application
Petroleum lease and other tenements
  • ILUA or
  • RTNs
  • Only granted over extinguishing land tenures in application
Fossicking Act 1994 Fossicking licences

Pre determination of native title: no native title process

Post determination of native title: ILUA

Last updated: 20 March 2009

Mining, exploration and petroleum

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