Title types for each stage
Different titles represent different authorised activities in the exploration and mining development lifecycle.
Applications for exploration
Active Titles: ELA, PELA, PSPAPP, E(MO)LA
Exploration licence application (ELA)
An ELA is made when an applicant wants to apply for an exploration licence to explore for a particular mineral group or petroleum in a particular area that is not already held under an equivalent title.
Petroleum Exploration Licence Application (PELA)
This is an application to obtain a petroleum exploration licence (PEL) to explore for petroleum, or conventional or unconventional gas (including coal seam gas) within a designated area.
Petroleum Special Prospecting Authority Application (PSPAPP)
This is an application to conduct desktop surveys using existing research to determine the occurrence of petroleum or gas for potential extraction over a designated section of land. These titles usually cover large areas.
Exploration (Mineral Owner) Licence Application E(MO)LA
This is an application to obtain an exploration licence (EL) to explore for a particular mineral or mineral group(s) within a designated area. The applicant and subsequent title holder must be the owner of the private minerals on land where the exploration will take place.
Exploration licences
Active Titles: AUTH, EL, EPL, PEL, PSPA, E(MO)L
Authorisation (AUTH)
An exploration licence for coal granted under the Mining Act 1973. While AUTHs are no longer granted, some remain active. They are deemed to be exploration licences for the purposes of the Mining Act 1992, but do not permit mining, nor guarantee that a mining lease will be granted.
Exploration Licence (EL)
This licence grants the title holder the exclusive rights to explore for a specific mineral or mineral group(s) within a designated area. They are typically granted and renewed for periods of 2–6 years. An EL does not permit mining, nor does it guarantee that a mining lease will be granted.
Exploration (Prospecting) Licence (EPL)
These licences were granted under the Mining Act 1973 to allow a title holder to explore for minerals (excluding coal) within a designated area. While EPLs are no longer granted, some remain active. Under the Mining Act 1992, EPLs are deemed to be exploration licences, however they do not permit mining, nor guarantee that a mining lease will be granted.
Note: Not to be confused with Environmental Protection Licences issued under the Protection of the Environment Operations Act 1997.
Petroleum Exploration Licence (PEL)
This licence is required for any title holder wanting to explore for petroleum and/or gas. A PEL provides the title holder the rights to explore over a selected area; however, further activity approvals are required before site specific exploration activities can be started. In addition, a PEL holder cannot start any activity until an access agreement has been entered into with the landholder of the selected area. PELs are granted under the Petroleum (Onshore) Act 1991 for up to 6 years.
Petroleum Special Prospecting Authority (PSPA)
This authority allows the title holder to conduct minimal on ground exploration for petroleum and/ or gas with most work being desktop studies and collection of existing information. PSPAs are granted under the Petroleum (Onshore) Act 1991 for 12 months only.
Exploration (Mineral Owner) Licence (E(MO)L)
This is an exploration licence to explore for a particular mineral or mineral group within a designated area. The title holder of the E(MO)L must be the owner of the private minerals on land on which the exploration will take place.
Assessment lease applications
Active Titles: ALA, PALA
Assessment Lease Application (ALA)
This application may be applied for after an EL has been granted and exploration activities have been undertaken. ALAs are applied for when resources have been discovered but are not yet confirmed as economically feasible for development, and/or further feasibility work is required title holder. Further exploration activities may be conducted on an ALA once it is granted, although it is not a requirement. It is effectively a type of holding lease.
Petroleum Assessment Lease Application (PALA)
This application may be applied for after a PEL has been granted and exploration activities have been undertaken. PALAs are applied for when petroleum and/or gas has been discovered but it is not yet known to be viable for production, the title holder is not ready to proceed to production, and/ or further feasibility work is required to be done by the title holder. Petroleum assessment leases (PALs) are granted under the Petroleum (Onshore) Act 1991 and allow exploration activities to continue once it is approved, although it is not a requirement. It is effectively a type of holding lease.
Assessment (Mineral Owner) Lease Application (A(MO)LA)
This application is effectively the same as an ALA, however the minerals defined by the lease are owned by the title holder.
Assessment leases
Active Titles: AL, PAL, A(MO)L
Assessment Lease (AL)
This lease allows a title holder to continue ownership of a title over a designated area without being obligated to conduct any further exploration activities. In effect, it covers the period between exploration and mining, where the resources of an area have been established and the title holder is undertaking conceptual studies, assessing the commercial viability of a project, or seeking mining approvals. ALs may be granted for up to 5 years and may be renewed for further periods of up to 5 years.
Petroleum Assessment Lease (PAL)
This lease allows part of an original PEL to be retained for additional assessment of the viability of a resource for production. In effect, it covers the period between exploration and production. Exploration is permitted to further measure the viability of commercial production; however, the title holder can also maintain a PAL over a potential project area without having to commit to further exploration. A PAL may be granted for up to six years under the Petroleum (Onshore) Act 1991 and may be renewed for further periods of up to six years.
Assessment (Mineral Owner) Lease (A(MO)L)
This lease is effectively the same as an AL; however, the minerals defined by the lease are owned by the title holder.
Mining or production lease applications
Active Titles: MLA, M(MO)LA, MPLA, PPLA
A mining (minerals) or production (petroleum and gas) lease application is made when mining or production is economically, technically and environmentally feasible. At this stage companies must specify exactly what mineral(s) or what kind of petroleum, e.g. coal seam gas, they intend to extract.
To apply for a mining or production lease a development consent must have been granted under the Environmental Planning and Assessment Act 1979. The government has identified certain types of development that are State Significant Development (SSD) including coal, petroleum (oil and gas), mineral sands and mining development which has a capital investment of more than $30 million.
The Independent Planning Commission is the consent authority for SSD applications if any of the following apply and the applicant is not a public authority:
- local council has objected
- 50 or more objections have been made (petitions and submissions that contain substantially the same text count as one objection)
- the applicant has made a reportable political donation.
The Minister responsible for Planning is the consent authority for all other SSD applications.
Some mineral(s) mining projects may not be SSDs dependent on the size, and/or potential environmental impacts. The consent authority for these developments is the:
- council of the area in which the relevant land is situated, or
- minister in the case of development on land within a part of the Western Division that is not within a local government area.
Mining (Mineral Owner) Lease Application - M(MO)LA
This application is effectively the same as a mining lease application (MLA); however, the minerals defined by the lease are owned by the title holder.
Mining Lease Application (MLA)
An applicant lodges an MLA to apply for the right to mine for a viable mineral resource within a designated area. The MLA must indicate the particular mineral(s) or mineral group(s) they intend to extract and the mining purposes they intend to use.
Mining Purposes Lease Application (MPLA)
This is an application to allow the title holder to conduct activities associated with mining, i.e. activities other than extraction and rehabilitation, within a designated area. Mining purposes includes the construction, maintenance or use (in conjunction with mining operations) of specified infrastructure and the removal, stockpiling, management or depositing of overburden (the overlying natural rock and soil that needs to be removed to allow access to the ore) associated with mineral extraction. MPLAs were established under the Mining Act 1906 and are no longer granted however, some remain active.
Petroleum Production Lease Application (PPLA)
This is an application to permit the extraction and production of petroleum and/or gas within a designated area. PPLs are granted for up to 21 years under the Petroleum (Onshore) Act 1991 and can be renewed for up to 21 years.
Mining or production leases
Active Titles: CCL, CL, CML, DL, DSL, GL, M[C]L, ML, M(MO)L, MPL, PLL, PL(MP)L, PPL,
Mining leases and petroleum production leases give the title holder the exclusive right to extract a specific resource over a selected area.
To be granted a mining or production lease a development consent must be granted by the relevant consent authority, and an Environmental Protection Licence (EPL) must have been issued by the NSW Environmental Protection Agency under the Protection of the Environment Operations Act 1997.
Title holders must comply with all conditions of title and all relevant requirements of the Mining Act 1992 or Petroleum (Onshore) Act 1991 and associated regulations for the life of the lease.
Consolidated Coal Lease (CCL)
This is a lease where a number of coal mining leases have been consolidated into one. CCLs were established under the Mining Act 1973. However, they are no longer granted. Some CCLs remain active.
Coal Lease (CL)
This is a lease to mine coal granted under the Mining Act 1973. CLs are no longer granted; however, some CLs remain active.
Consolidated Mining Lease (CML)
This is a mining lease which covers adjoining titles held by one title holder. On a CML there is often a common border between where mining takes place or additional areas shown as 'nil mineral' areas, which is where production facilities and other infrastructure may be located. A CML is a mining lease under the Mining Act 1992.
Dredging Lease (DL)
Dredging leases no longer granted; however, some remain active. They can be renewed under the Mining Act 1992 as a Mining lease (ML).
Dam Site Lease (Mining Purposes) (DSL)
This is a mining lease granted under the Mining Act 1901 for dam sites which were part of coal mining operations. They include areas not used for mining purposes and are authorised as 'nil minerals'. DSLs are no longer granted; however, some remain active.
Gold Lease (GL)
A GL is a mining lease granted under the Mining Act 1906. They are no longer granted; however, some GLs remain active. Gold Leases can be renewed under the Mining Act 1992 as a Mining lease (ML).
Mining Claim Converted To Lease – (M(C)L)
A M(C)L is a mining lease that applied to all minerals claims outside of a Mineral Claims District (current at 15 November 2010) that were deemed to be mining leases under the Mining Act 1992. M(C)Ls are no longer granted; however, some remain active.
Mining (Mineral Owner) Lease (M(MO)L)
This is a mining lease created to replace Private Mining Agreements (PMAs). From 15 November 2012 all PMAs became M(MO)Ls. They are effectively the same as a mining lease, however, the minerals defined by the lease are owned by the title holder.
Mining Lease (ML)
An ML gives the title holder the exclusive right to mine for a particular viable mineral resource within a selected area. To be granted a mining lease companies must prove that there is an economically mineable mineral resource within the area of the proposed mining lease, and that they have the financial and technical resources to carry out any mining in a responsible way. A development consent under the Environmental Planning and Assessment Act 1979 must also be granted prior to an ML being granted.
Ancillary Mining Activity (AMA)
These are activities and infrastructure that are additional to mining operations. This includes:
- any building or mining plant, road, railway, reservoir, dams, drains
- the removal, stockpiling, management or depositing of overburden, ore or tailings that it is associated with mining,
- and other activities (refer to clause 7 of the Mining Regulations 2016 for a full list of activities).
A mining lease holder may carry out any ancillary mining activity on the mining lease area in accordance with the conditions granted in the mining lease.
Note: There is a subset of ancillary mining activity that the legislation defines as 'designated ancillary mining activity' (defined in section 6(6) of the Mining Act 1992).
Mining Purposes Lease (MPL)
These are leases granted for areas in coal and minerals mining operations such as infrastructure purposes where resource extraction does not take place. Hence, they will appear as 'nil minerals'. MPLs were granted under the 1906 and 1973 Mining Acts. MPLs are no longer granted and leases for mining purposes are now categorised as MLs under the Mining Act 1992.
The term 'mining purpose(s)' is now referred to as 'ancillary mining activities'.
Private Lands Lease (PLL)
This is a mining lease for the extraction of minerals or petroleum on privately owned land, by someone who is not the landowner. A PLL was granted under the 1906, 1918, and 1924 Mining Acts. PLLs are no longer granted; however, some remain active.
Private Lands (Mining Purposes) Lease (PL(MP)L)
Like a Mining Purposes Lease, this lease covers areas in mining operations where extraction does not take place. They were established under the Mining Act 1906 and are no longer granted.
Petroleum Production Lease (PPL)
This lease gives the title holder exclusive rights to conduct petroleum extraction and production. A PPL can be granted for up to 21 years under the NSW Petroleum (Onshore) Act 1991 and may be renewed for up to 21 years. A development consent under the NSW Environmental Planning and Assessment Act 1979 must be granted before a PPL can be granted.
Special (Crown & Private Lands) Lease (S(C&PL)L)
This is a type of mining lease established under the Mining Act 1969. They are no longer granted under the Mining Act 1992.
Special (Private Lands) Lease (S(PL)L)
This is a type of mining lease established under the Mining Act 1963. They are no longer granted under the Mining Act 1992.
Special Lease (SL)
This is a type of mining lease established under the Mining Act 1906. They are no longer granted under the Mining Act 1992.