Part V of the Mining Act 1992 creates six tenements. Everything else in the Act — applications, hearings, compensation, royalties — hangs off them.
The six tenements at a glance
| Tenement | Maximum term | Maximum area | Granted by |
|---|---|---|---|
| Exploration licence | 2 years, extendable in periods of up to 2 years | 750 sub-blocks | The Minister |
| Special mining lease | 40 years, extendable | As applied for | The Head of State, acting on advice |
| Mining lease | 20 years, extendable | 60 km², rectangular or polygonal | The Minister |
| Alluvial mining lease | 5 years, extendable | 5 ha, river bed and up to 20 m from it | The Minister |
| Lease for mining purposes | Same as the related lease, or 20 years | 60 km² | The Minister |
| Mining easement | Same as the related tenement | Sufficient for the purpose | The Minister |
Every grant is made after considering a recommendation of the Mining Advisory Council. Only the special mining lease is granted by the Head of State acting on advice — and only to the holder of an exploration licence who is also a party to a mining development contract.
Who may hold each tenement
| Tenement | Who may apply |
|---|---|
| Exploration licence | Any person — s 20(1) |
| Special mining lease | The holder of an exploration licence who is a party to a mining development contract, or his assignee — s 33(1) |
| Mining lease | The holder of an exploration licence over that land; the holder together with a proposed transferee; or any person over land not subject to an exploration licence, special mining lease, mining lease or alluvial mining lease — s 38(1) |
| Mining lease for alluvial minerals only | A citizen; a company at least 51% beneficially owned by citizens; or an unincorporated joint venture at least 51% beneficially owned by citizens — s 38(2) |
| Alluvial mining lease | A natural person who is a citizen, or a land group — in respect of land owned by that person or group — s 48(1) |
| Lease for mining purposes | Any person — s 65(1) |
| Mining easement | Any person — s 80(1) |
Section 38(2) confines a mining lease for the sole purpose of mining alluvial minerals to citizens and majority citizen-owned entities.
Section 48(1) goes further: an alluvial mining lease may be granted only to a citizen or a land group, and only over land they own. It is the one tenement designed for landowners themselves.
Separately, section 9(2) lets a citizen carry out non-mechanised alluvial mining on their own land without any tenement, provided the land is not subject to a tenement other than an exploration licence.
What each tenement authorises
| Tenement | Core rights |
|---|---|
| Exploration licence (s 23) | Enter and occupy for exploration; extract and dispose of such rock, earth, soil or minerals as the approved programme permits; take and divert water; exclusive occupancy for exploration purposes |
| Mining lease (s 41) | Enter and occupy to mine; construct a treatment plant, waste dumps and tailings dams; take and remove rock, earth, soil and minerals; take and divert water; exclusive occupancy for mining purposes; and ownership of all minerals lawfully mined |
| Alluvial mining lease (s 51) | Mine and treat alluvial minerals only; take and remove rock, earth, soil and alluvial minerals; take and divert water; exclusive occupancy for alluvial mining; ownership of alluvial minerals lawfully mined |
| Lease for mining purposes (s 69) | Enter, occupy and develop the land for the specified purposes; take and divert water; exclusive occupancy for those purposes |
| Mining easement (s 84) | Construct and operate the specified facility — road, tramway or railway, aerial ropeway, power line, pipeline, conveyor, bridge or tunnel, waterway, or another approved ancillary facility |
Section 5 vests all minerals in the State. Sections 41(2)(b) and 51(2)(b) then provide that the holder of a mining lease or alluvial mining lease owns all minerals lawfully mined from the land. Property passes at the point of lawful extraction — which is why compliance with the tenement conditions and the approved proposals matters so much.
Each of sections 41, 51 and 69 makes the rights exercisable in accordance with the Mining (Safety) Act (Chapter 195A). And rights to take and divert water must now be read with Part VII of the Environment Act 2000, which replaced the Water Resources Act.
The two support tenements
A working mine needs more than the ground it digs. Two tenements provide for that:
- Lease for mining purposes (s 68) — for buildings and improvements, plant and machinery; a treatment plant; the deposit of tailings or waste; housing and other infrastructure; transport facilities including roads, airstrips and ports; and any other ancillary purpose the Minister approves.
- Mining easement (s 83) — for a road, tramway or railway, aerial ropeway, power transmission line, pipeline, conveyor system, bridge or tunnel, waterway, or another approved ancillary facility.
Both are tied to the mine they serve: the term of a lease for mining purposes is identical to the term of the related special mining lease or mining lease (or 20 years if there is none), and the term of a mining easement is identical to the term of the related tenement.
What all six have in common
- Granted after a recommendation of the Council, following an application, objections and a Warden’s hearing.
- On the prescribed form, with a condition requiring compliance with the approved programme or proposals, plus any other conditions imposed.
- Subject to compensation to landholders under Part VII — and section 155 forbids entry until compensation is agreed or determined.
- Subject to rents (s 147), fees (s 146), royalties (s 148) and a security lodged within 30 days of grant (s 150).
- Registered in the Register of Tenements, with dealings requiring approval and registration (ss 113–120).
- Capable of consolidation, surrender, cancellation and expiry under Part VI Divisions 4 to 6.
Sources
- Mining Act 1992 — ss 5, 9, 20–23, 33–35, 38–42, 48–52, 65–70, 80–85, 113–120, 146–150, 154–155; Part V
- Mining (Safety) Act (Chapter 195A)
- Environment Act 2000
Before relying on anything here, read the current text of the Mining Act 1992 and check for later amendments. If a decision matters to you, get advice — start with the Office of the Public Solicitor, or find a firm in the law firms directory.