MINERAL TITLES BILL 2010
SERIAL NO. 98

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR PRIMARY INDUSTRY, FISHERIES
AND RESOURCES

EXPLANATORY STATEMENT

GENERAL OUTLINE

The proposed legislation recognises that effective mineral resource development is fundamentally underpinned by the valid grant and ongoing monitoring and regulation of mineral titles.

The objectives of the Mineral Titles Act is a regime that encourages active exploration, turn over of land and active development of known mineral deposits, which will provide a mechanism to further strengthen the significant contribution of the resource industry to the Northern Territory economy.

The changes will usher in a streamlined process for the grant and management of mineral titles, with an emphasis on performance and transparency of process and accountability. 

The Mineral Titles Act will focus on the valid grant and regulation of mineral titles in the Northern Territory.

The new legislation will encourage and promote active exploration leading to mineral production by taking into account the genuine needs of the exploration industry, and offer greater flexibility for those who actively pursue exploration objectives. 

The Mineral Titles Act will replace the existing Mining Act and will provide legislation that is written in contemporary language and streamline the mining tenure process to meet the challenges of an expanding mining sector.

The change in the name of the legislation is designed to better reflect the purpose of the legislation and to provide a clear distinction between the legislation that regulates the operation of mines, principally the Mining Management Act and the legislation for the grant of titles.

The Mining Act has been in operation for nearly 30 years and since its commencement, has generally served government, industry and the community well. It provides a regime that is competitive with other jurisdictions and it takes into account issues unique to the Territory, such as the application of the Aboriginal Land Rights (Northern Territory) Act.

While the Mining Act remains functional and continues to serve its intended purpose of providing a regime for the administration of titles for the exploration and the mining of minerals, it is recognised that aspects of the Mining Act are outdated and fail to take into account significant changes and innovations that have occurred in a number of areas since the commencement of this legislation. 

The new legislation will be competitive with equivalent interstate mineral title regulatory regimes.

In reviewing the Mining Act a Discussion Paper was produced which attracted some 44 written submissions. These submissions were instrumental in setting the scene for the development of this legislation and formed the basis of the booklet “Recommendations for Change”.  This formed a final report which was made available to the public in March 2008. 

Some of the recommendations represent a significant change to the current legislation. Others are more secondary in nature and allow for fine tuning of existing processes.

The result being legislation - the Mineral Titles Bill - that is contemporary in style, logical in approach and easier to read. 

NOTES ON CLAUSES

Part 1			Introduction

Division 1		Preliminary matters

Clause 1	Short Title

This is a formal clause which provides for the citation of the Bill. When passed, the Act will be referred to as the as the Mineral Titles Act 2010.

Clause 2	Commencement

This clause provides for commencement of the Act on a date fixed by the Administrator and notifies by publication in the Gazette.

Clause 3	Objects of Act

This clause states the objects of the Act that relate to the issuing and granting of mineral titles that provide for the orderly exploration and commercial development of mineral deposits and extractive minerals in the Northern Territory. 

Clause 4 	Application of Act may be affected by other legislation

The Act applies in the Northern Territory and to the extent necessary is subject to laws of Commonwealth including the Native Title Act and the Aboriginal Land Rights (Northern Territory) Act. Rights to mining activities are granted by this Act in conjunction with the Mining Management Act which deals with the overall authorization to conduct mining activities and operations. 

Clause 5	Land to which Act applies

This clause states that the Act applies to all land in the Northern Territory, including coastal waters.

Clause 6	Act binds Crown

This clause states that the Act applies to the government, except for extractive mineral activities undertaken for the construction and repair of roads and for the supply of extractive minerals for other Northern Territory infrastructure by Northern Territory Authorities. 

Clause 7	Application of Criminal Code

This clause states that offences against this Act are subject to the Criminal Code.

Division 2	Interpretation

Clause 8	Definitions

This clause provides an explanation of the meaning of terms used in the Act. 

Clause 9	Mineral

This clause defines a ‘mineral’ for the purposes of this Act. 
Excluded from the definition are extractive materials, petroleum, water, peat and other substances declared in the regulations. 

Clause 10	Extractive mineral

This clause defines what an ‘extractive mineral’ is for the purposes of the Act. The definition now includes peat, which is extracted for gardening purposes, where previously peat had been aligned with coal as a mineral.

Clause 11	Mineral title

This clause defines a ‘mineral title’ for the purposes of this Act. 
It lists seven forms of title covering exploration, production and extractive activities. The clause also describes in detail the term (period of enforcement) of a mineral title.

Clause 12	Mining

This clause defines the meaning of the term ‘mining’ in the Act for the purposes of both mining of mineral resources and mining of extractive minerals. It specifically excludes the taking of what may be classed as extractive material from sites such as building foundations or for infrastructure development purposes by land owners on their own land.

Clause 13	Technical work program

This clause defines the term ‘technical work program’ and outlines what must be included in a work program accompanying an application for a title to allow the Minister to determine whether to grant the title. 

Clause 14	Landowner 

This clause defines who are ‘landowner(s)’ for the purposes of the Act.

Clause 15		Park or reserve

This clause defines what areas of land are a ‘park or reserve’ under both the Northern Territory and Commonwealth legislation.

Clause 16	Block 

This clause states what constitutes a ‘block’ (or part of a block {of land}) over which a mineral title is granted for the purposes of the Act Measurement is determined by graticular sections defined by the survey system know as GDA 94 (as is used in the current Mining Act).

Part 2	Preliminary exploration of land

Clause 17	Authorised preliminary exploration 

This clause provides that a person may enter land to conduct ‘preliminary exploration’ on the land with out having a mineral title and indicates the limitations on the activities and equipment that are permissible when undertaking such preliminary exploration.

Clause 18	Declared fossicking area – restriction on marking boundaries 

Determines that preliminary exploration may be carried out in a fossicking area but that Ministerial permission is required before marking out an application for mining title over the a fossicking area.

Clause 19	Vacant Crown land - notice

This clause determines that there is no restriction on access to Crown land for preliminary exploration.  

Clause 20	Pastoral land and native title land - notice

This clause requires all reasonable steps to be used to give a notice, which includes specific information, to a landholder or occupier by a person intending to conduct preliminary exploration over land.

Clause 21		When consent required

This clause outlines who may give consent for preliminary exploration over specific types of land including, freehold land, reserves and indigenous land. It provides powers for the land holder to impose reasonable conditions on entry and use of the land.

Clause 22	Requirements for title area or proposed title area

This clause provides that a person may conduct preliminary exploration over another persons' mineral title area under condition set out in Regulations, and further that an applicant for a mineral title may conduct preliminary exploration in their own application area.

Clause 23	Multiple requirements for preliminary exploration

Provides that it may be necessary for multiple approvals for preliminary exploration from a range of ‘owners’ should the land be held under a range of land and mining titles.

Clause 24	General obligations for preliminary exploration

This clause set out a number of conditions which a person must comply with in conducting preliminary exploration including complying with all laws in force in relation to the land.

Clause 25	Regulations relating to preliminary exploration

This clause provides that regulations may be made which control preliminary exploration including the activities, reporting of results and notices to landowners and occupiers.

Part 3	Minerals – exploration, evaluation, mining and processing

Division 1	Mineral title for exploration for minerals

Clause 26	Mineral exploration licence

This clause states the rights provided by a mineral exploration license (EL). These rights may only be exercised in accordance with the Act and conditions of title and only exercised during the currency of the license.  

Clause 27		Application for and grant of EL

This clause requires that an application for a mineral EL must be made on an approved form and include a technical work program for the first two years of operation. It also defines 250 blocks as the maximum area of land that may be applied for as an exploration licence. It sets the term of grant of an EL as six years.

Clause 28		Title area of EL on grant

This clause states that the area of a granted EL must not be more than 250 adjoining blocks over no more than three separate areas, or a minimum area of four blocks. The Minister may approve a smaller EL area under special circumstances.

Clause 29		Reduction of title area of EL

This clause sets out the requirements for reduction of the size of an EL area after its first two year period and after later two year periods. The number of blocks is to be reduced by half after each two year period unless approval to defer reduction is given by the Minister following application by the licence holder or on the Minister’s own initiative. The Minister must take certain matters into account when making a decision to defer a reduction.

Clause 30		Renewal of EL

This clause provides an opportunity for an EL holder to seek renewal of an EL at the end of its term and determines that the Minister may renew the licence for a maximum period of two years, and can do this more than once. 

Clause 31		Authorised activities under EL

This clause lists the types of activities that an EL holder may carry out on the licence including removing samples from the licence for testing. The size of the samples removed may be sufficient to evaluate the mining potential of the area or larger with the Minister’s approval.

Clause 32		Conditions of EL

This clause sets conditions on the operation of the EL by the licence holder including; notifying the land owner of the intention to work on the land; complying with the approved work program and expenditure commitments. Should minerals of potential economic value or underground water be found, the Minister must be notified within 28 days. It requires annual technical work program and expenditure submissions to be made and places restrictions on a license holder on selling material from the EL without authorisation. 

Division 2		Mineral title for evaluation of minerals 

Clause 33		Application for designation of EL as an
                             exploration licence in retention

This clause determines that before the end of the term of an EL a license holder may apply to the Minister to designate all or some of the EL area as a ‘retention area’ subject to satisfying a condition that an ore body or an anomalous zone of possible economic potential has been found in the licence area and that the licencee requires more time to prove up the economics of the deposit, or the current economic conditions do not make the discovery viable at that time. The application area must not exceed 4000 hectares (ha) and must be accompanied by a technical work program and proposed expenditure for the first year of operation.

Clause 34	Designation and issuing of an exploration licence in retention

This clause provides for the Minister to designate an area of an EL as a retention area, subject to being satisfied that potentially economic mineralization exists in the area.  It defines a mineral exploration retention licence (ELR) and provides that the Minister may issue an ELR over the retention area for a period not exceeding five years.   

Clause 35	Effect on EL 

This clause clarifies the effect an application for or the granting of an ELR has on the underlying parent EL. It sets out that the grant of an ELR has the effect of cancelling that portion of the EL covered by the ELR while the remainder of the EL continues in force.

Clause 36	Renewal of ELR

This clause provides that the Minister may (upon application of the licencee) renew the term of an ELR for a period not exceeding five years, if all previous conditions and work programs have been met and the applicant has the capacity to conduct the required technical works. The ELR may be renewed numerous times.

Clause 37		Authorised activities under ELR

This clause sets out the rights of the holder of an ELR, which are in essence similar to the rights for an EL.

Clause 38		Conditions of ELR

This clause sets out the conditions of an ELR which are in essence similar to the rights for an EL with the additional condition that requires the ELR holder to apply for the grant of a mineral lease should the processing of the minerals in the ELR become commercially viable.

Clause 39		Requirement if mining and processing appear viable

If the Minister is satisfied that mining of the resource in the area of the mineral exploration retention licence is commercially viable, this clause provides the Minister with power to require a retention area holder to explain why a mineral lease has not been applied for and provides power for the Minister cancel the ELR.

Division 3		Mineral title for mining and processing minerals

Clause 40		Mineral lease

This clause defines a ‘mineral lease’ (ML) and provides that the holder may conduct mining for minerals and associated activities during the period specified in the lease and in accordance with this Act and the conditions of the title.

Clause 41		Application for and grant of ML

This clause sets out that a person may apply for a ML and over an area not exceeding 4000 ha and specifies that the lease is granted for the period the Minister considers appropriate (which could be the expected life of the mine) as there is no specified term for a mineral lease. The application must be in an approved form and include an outline the evidence of an ore body or anomalous zone and describe the work proposed for the lease area.

Clause 42		Requirement to construct new road

This clause outlines the procedure to be used should a ML application include land being used as a road. It provides powers to the Minister to protect the road or require a replacement road to be constructed.

Clause 43		Renewal of ML

This clause provides that, upon application from the holder of a mineral lease, the Minister may renew all or part of a mineral lease. It states that a ML cannot be renewed for a period longer than the original grant but may be renewed more than once.

Clause 44		Authorised activities under ML

This clause details the uses that the holder of a ML may conduct on the lease, being activities associated with mineral exploration and mining, including the mining of extractive minerals.

Clause 45		Conditions of ML

This clause sets out that the holder of the lease must comply with all contractual arrangements (conditions) relating to the grant of the lease and interfere as little as possible with the rights of others in the vicinity of the lease.

Part 4		Extractive minerals – exploration, surface 
extraction and mining

Division 1		Mineral title for exploration for extractive 
minerals

Clause 46		Extractive mineral exploration licence

This clause defines an ‘extractive mineral exploration licence’ (EMEL) and requires the holder to operate in accordance with this Act and the licence conditions to explore for extractive minerals.

Clause 47		Application for and grant of EMEL

This clause sets the procedures for the application and grant of an EMEL and determines that the licence can be granted for two years only and cannot be renewed.

Clause 48		Authorised activities under EMEL

This clause sets out the activities that may be conducted on an EMEL.

Clause 49		Conditions of EMEL

This clause sets a condition that the licence holder must follow procedures relating to notice to land holders about access to the title area and the conduct of exploration activities.

Division 2		Mineral title for surface extraction of extractive minerals 

Clause 50		Extractive mineral permit

This clause defines ‘extractive mineral permit’ (EMP) and provides that the permit holder may extract extractive minerals from the area and must operate the permit in accordance with this Act and its conditions while the permit remains in force. 

Clause 51		Application for and grant of EMP

This clause determines that a person must apply for an EMP on an approved form for an area up to 100 ha and that the Minister may grant an EMP for a period up to five years. 

Clause 52		Renewal of EMP

This clause sets out the procedures for renewal of an EMP. Renewal can be for a period up to two years and permit may be renewed more than once.

Clause 53		Authorised activities under EMP

This clause determines the activities that can be conducted on the EMP area, principally, extraction and storage of extractive minerals.

Division 3		Mineral title for mining extractive minerals

Clause 54		Extractive mineral lease

Defines ‘extractive mineral lease’ (EML) and provides that the lease holder must operate the lease in accordance with this Act and its conditions while it remains in force.

Clause 55		Application for and grant of EML

Determines that a person must apply for an EML on an approved form for an area not exceeding 100 ha and outlines lease conditions and the term of the lease, which can be up to 10 years.

Clause 56		Renewal of EML 

This clause sets out the procedures for renewal of an EML.  Renewal is subject to the leaseholder complying with lease conditions and can be for a period up to 10 years.  Leases may be renewed more than once.

Clause 57		Authorised activities under EML

This clause determines the activities that can be conducted on the lease area, principally extraction and processing of extractive minerals.

Part 5			Mineral titles – general provisions

Division 1		Mineral title applications 

Clause 58		Necessary criteria for mineral title application

This clause sets out general qualifications for persons making applications for mineral titles. It requires them to supply all the required information for the Minister to make a proper decision. It further requires them to have substantially complied with title conditions on any granted title that they currently hold.

Clause 59		Age restriction on individuals who may make application

This clause limits the age of mineral title applicants to 18 years or over.

Clause 60		Grant application – declared fossicking area

This clause determines that a person who wishes to apply for a mineral title over land which includes a declared fossicking area must first obtain the consent of the Minister. 

Clause 61		Grant application – Aboriginal community living area 

This clause determines that an application for a mineral title must not be made over an Aboriginal community living area without written consent of the local association for the area.

Clause 62		Grant application – EL for Aboriginal land

This clause provides that, where an application for a mineral title is over Aboriginal freehold land, the applicant must not enter into negotiation required by Part IV of the Aboriginal Land Rights (Northern Territory) Act (ALRA) unless the applicant has the Minister’s consent to negotiate. The clause gives the Minister power to refuse to consent to negotiate or to withdraw such consent to negotiate at any time and refuse to grant the EL. This clause also provides that the Minister’s consent is required for an applicant who was refused consent by a Land Council to seek to renegotiate consent for the grant of the title subject to Section 48(1) of ALRA.

Clause 63		Grant application – ML for Aboriginal land

This clause clarifies that a person may only apply for a ML on Aboriginal land if they first held an EL or an ELR. A number of exceptions to this requirement are listed in the clause including applications by a traditional Aboriginal owner of the land.

Clause 64		Grant application – EMP or EML for Aboriginal 	land

This clause requires the Minister to give notice of an application of a mineral title on Aboriginal freehold land to the Land Council for the land in the title area as soon as practicable.

Clause 65		Applications relating to same land or existing title area or existing proposed title area

This clause sets out conditions controlling the making of an application for a mineral title and prevents a person making a mineral title application over an existing granted mineral title or over an application for a mineral title that was made on a previous business day. The clause requires the Minister to consider and decide between applications made on the same business day.

Clause 66	Grant application – required information and 	notice

This clause requires an applicant for a mineral title to provide a list of affected landowners with the application and requires the applicant to serve a notice of the making of the title application on the landowners, along with advice to the Minister within 14 days that such notice has been served.

Clause 67		Renewal application – prescribed rent required

This clause determines that an application for renewal of a mineral title must be accompanied by one year’s prescribed rent for the title.

Clause 68		Renewal application – effect on mineral title

Determines that if a valid application for renewal of a mineral title is submitted the title remains in force until the application is determined by the Minister.

Clause 69		Variation or replacement of application

This clause provides that an applicant for a mineral title may vary an application or withdraw and replace an application at their initiative, or on recommendation of the Minister. This can facilitate the administration of the title grant processes by better, or more appropriately, defining the area covered by a title application.

Division 2		Decision process for mineral title applications

Clause 70		Initial consideration of mineral title application

This clause provides that the Minister must initially determine if a mineral title application has met the statutory requirements before continuing to process the application. If it has not the Minister may refuse the application and appropriately notify the applicant. The clause also provides that the Minister can refuse to grant a title if the applicant is not a fit and proper person to hold a mineral title.

Clause 71		Public notice of application for grant of mineral title

This clause sets out the procedure for public notification of a valid mineral title application. It provides for newspaper advertising of the application and sets out the matters which must be included in the newspaper advertisement including a date by which any person who wishes to object or make a submission must respond. 

Clause 72		Objections and submissions about grant of mineral title 

This clause provides the mechanism for how objections or submissions to the grant of a mineral title are to be handled by the Minister and the applicant the prior to the grant of the mineral title. It provides an option for the applicant to respond to objection or submissions.

Clause 73		Grant or issue of title for land in declared park or reserve

This clause provides authority for the Minister to grant a mineral title over an Northern Territory park or reserve only after consulting with the Minister administering the Territory Parks and Wildlife Conservation Act and assigning any conditions that the relevant Minister specifies.

Clause 74		Grant relating to Aboriginal land or native title land

This clause provides that where a mineral title application is within Aboriginal land then the applicant has to comply with the requirement of ALRA and obtain consent prior to the grant of the title. Likewise if the application is within land affected by native title and the Minister is of the view that it constitutes a future act under the Native Title Act then the procedure of that Act must be complied with prior to the grant of the title. 

Clause 75		Grant to tenants in common

This clause specifies that mineral titles granted to two or more persons are to be granted to the persons as tenants in common in the percentages stated on the application form.

Clause 76		Survey of particular title areas

This clause set out the requirement for a survey of various mineral title areas prior to grant including; a ML, EML, EMP, an authority and a retention area. It provides capacity for the Minister to grant some titles prior to survey but subject to a condition that they be surveyed within six months of grant in the manner set out in this clause.

Clause 77		Discretions relating to title area

This clause gives the Minister discretion to exclude areas from the grant of a mineral title where natural features intrude upon, or other authorised activities are conducted in, the title area. It allows for a single title to be granted in a number of parts due to such interferences.

Clause 78		Deciding application for grant of mineral title

This clause sets out the process for the Minister to grant or refuse to grant a mineral title application after all the required statutory procedures have been completed. The Minister may either grant the application or refer the application to the Land, Planning and Mining Tribunal for consideration and then make a decision on whether to grant, or refuse to grant the title irrespective of the recommendation of the Tribunal. Further the Minister may refuse to grant a person a title that is within an existing title area if it is considered that the grant would impair the operation of the existing title area.

Clause 79		Deciding other mineral title applications

This clause provides the Minister with the power to decide on how to deal with applications (which are called mineral title applications) under the Act other than applications for the original grant of a mineral title.

Division 3		Rights under mineral titles

Clause 80		Rights relating to occupation of title area

Confirms the rights of a title holder to occupy the title area and conduct the authorised activities using relevant machinery and equipment. The clause clarifies that if the right of occupation impacts on other valid mineral title that may pre-exist in the area those activities may be prescribed by regulation to protect the rights of the other mineral title holder. Further it provides power for the holder of a title that has ceased to continue to enter the title area to remove equipment.

Clause 81		Right to use water in title area

Provide a right for the title holder to take and use water from the title area for the conduct of the exploration or mining project. This right does not extend to using water conserved by a land owner in the area.

Clause 82		Rights to use water in title area of EL or EMEL 

This clause provides a right for the holder of a mineral title to obtain water as necessary to conduct authorized activities from the area of an EL or EMEL in which the holder has no direct interest. This allows holders of small mineral titles to obtain water from a larger area to conduct their authorised activities.

Clause 83		Right to construct road for access to title area

Provides a right for the title holder to enter land and construct a road, and other required infrastructure to access the title by the shortest practicable route from a road, airstrip, rail, sea or waterway using appropriate machinery and personnel. 

Clause 84	Right to enter and use land outside title area

This clause provides a mineral title holder with a capacity to apply to the Minister for an access authority to enter land that is not part of the mineral title and construct infrastructure required for the operation of the mineral title. The clause sets out a clear notification procedure that the title holder must give to other interested parties before seeking the Minister’s grant of the authority.

Division 4		Conditions of mineral titles

Clause 85		Conditions generally

This clause confirms that the general conditions described in this division apply to all mineral titles and it confirms the power of the Minister to impose additional conditions on a mineral title over and above those set out in this Act or Regulations. It notes that the conditions place on a renewed title may differ from the conditions on the original title.

Clause 86		Conducting authorised activities

This clause states that the holder of a mineral title must actively conduct works that are authorised on the title. This is to ensure that titles are not simply ‘real estate’ but must be used for the purposes granted.

Clause 87 		Compliance with requirements and other laws

Determines that a title holder is required to comply with this Act and all law of the Northern Territory relating to the use of land or natural resources and ensure that any person acting on the holder’s behalf is also compliant.

Clause 88		Consent required to disturb improvements or particular roads

This clause provides that the holder of a mineral title must not interfere with existing infrastructure on the land comprising the mineral title without the agreement of the owner of that infrastructure.

Clause 89		Allowing authorised officer entry to title area

This clause provides that a mineral title holder must allow certain authorised government officers access to the title area to perform their statutory functions.

Clause 90		Water conserved in title area

This clause provides that the holder of a mineral title must not use artificially conserved water on the land comprising the mineral title without the agreement of the landowner. 

Clause 91		Timber in title area

This clause provides that the holder of a mineral title must not cut timber in the title area unless it is used for authorised activities under the title.

Clause 92		Animals in title area

This clause provides that the holder of a mineral title must not interfere with any animal in or about the title area that is owned or controlled by the land owner, including impounding or preventing pasturing.

Clause 93		Drill cores, cuttings and other geological samples

This clause places a responsibility on holders of mineral exploration titles to give written notice to the Minister should a mineral discovery be made. Further it requires the title holder to give to the Minister mineral resource samples recovered during exploration unless permission to dispose of the samples has previously been given by the Minister.

Clause 94		Reports 

This clause provides that a mineral title holder must provide the Minister with a report on activities conducted in the title area in accordance with this Act or the regulations. The clause outlines in some detail the contents of the report including expenditure, mineral reserve and resource, details of work conducted on the title during the last operational year and a report on the proposed rehabilitation program for the title upon cessation of the title. The clause also provides that regulations may be made concerning the timing of the report, report confidentiality, the capacity to merge the report with a Mining Management Act report.

Clause 95		Payment of fees and rent

Provides that the holder of a mineral title must pay prescribed fees or rent, and provides a power to make regulations concerning payment of fees or rent and when a refund of rent may be payable

Clause 96		Payment of royalty

This clause requires the holder of a mineral title to comply with the Mineral Royalty Act.

Clause 97		Transfer of mineral title interest 

This clause determines that a mineral title holder may transfer an interest in the title in accordance with Clause 122 of this Act.

Clause 98		Notice of changes

Provides that the holder of a mineral title must give notice to the Minister of changes to details impacting on the title including; the name of the holder, address details and changed circumstances such as an inability to carry out the authorised activities on the title and appointment of an administrator or liquidator.

Clause 99		Removal of equipment

This clause provides a right to the person who held a mineral title to remove all plant and machinery from the title within three months after cessation of the title. The clause outlines a number of situations when removal of equipment does not apply and notes some sensible situations when plant and equipment should not be removed.

Division 5		Variations, subdivisions, amalgamations, surrenders and cancellations

Clause 100		Variation of conditions of mineral title

This clause provides a mechanism for variation of the conditions imposed on the title by the Minister, at the Minister’s discretion or at the request of the title holder. This power applies only to title conditions imposed by the Minister and does not give the Minister power to vary conditions required by this Act.

Clause 101		Division of title area into separate parts

This clause provides the Minister with the power to vary a mineral title by separating it into two or more parts and dealing with each part separately. This situation may be necessary when the mineral title application covers land held under separate conditions and an area of the title may not be able to be granted.

Clause 102		Amalgamation of title areas

This clause provides a power to the Minister to amalgamate two or more adjoining mineral titles under specific circumstances. Amalgamations may be on the Minister’s own initiative or at the request of the title holder. It gives powers to the Minister to set terms and conditions on the replacement title that may differ from those on the original title.

Clause 103		Application for acceptance of surrender

This clause provides the capacity for a mineral title holder to seek to surrender all or part of a mineral title and sets conditions for the surrender of various types of title. Surrender of a title must be accompanied by a report detailing the rehabilitation and restoration that has been carried out prior to surrender and the Minister may refuse the surrender of a title if restoration has not been completed.

Clause 104		Request for surrender of all or part of EL title area

This clause gives the Minister power to request the surrender of part of an EL title area to enable the land to be used for other purposes beneficial to the Territory. It sets out the notice conditions and how rent and registry matters are dealt with.

Clause 105		Cancellation or partial cancellation of mineral title

This clause provides power for the Minister to cancel all or part of a mineral title in situations where the title holder has contravened conditions of the title or the Act or not complied with relevant work practices or does not have the financial resources to conduct the technical work program. The Minister must give the title holder appropriate notice and seek submissions from the holder prior to cancellation.

Division 6		Security and compensation

Clause 106		Requirement for security

Provides that the Minister may require security before or during the grant or renewal of a mineral title, for compensation that may become payable by the title holder for damage or loss or under the Native Title Act. The clause sets out conditions that must be considered in assessing security.

Clause 107		General entitlement to compensation

This clause provides the basis for the payment by the title holder to the land owner of compensation for loss, damage or deprival of use of the land during the exploration or mining operation. The compensation does not cover any payment for the extracted minerals. The compensable damage is only that in excess of what may be reasonably required to conduct the mining or exploration activity.

Clause 108		Title holder’s entitlement to compensation

This clause provides a right to compensation to a mineral title holder from an access authority holder who has access to the mineral title for operational purposes. It limits compensation to impacts on the title holder’s interests.

Clause 109		Written agreement relating to compensation

This clause provides that there may be a written agreement (consistent with this division) between the mineral title holder and a person entitled to compensation which set the level of compensation.

Clause 110		Claiming compensation

This clause provides that a claimant for compensation may give notice of a claim for compensation with details of the claim with in three years of the date of the damage or the incident. Parties must make genuine efforts to reach an agreement on the compensation and payment may be in a form other than money if reasonably practical to do so.

Clause 111		Application to Tribunal if no agreement about compensation

This clause provides that if agreement on compensation cannot be reached the person claiming compensation may apply to the Tribunal for a determination on the matter. Such applications must generally be made within 12 months of the making of the compensation claim.

Part 6	Reserved land, mineral authorities and related matters

Division 1	Reserved Land

Clause 112	Special reserved land – no activities 

This clause provides that the Minister may reserve land from application for exploration and mining activity. The land to which such a reserve may apply may include park and reserves determined by the government to not be available for mineral exploration or mining, or other land over which mining would be impracticable. This power to reserve, vary or revoke a reservation over special reserve land cannot be delegated.

Clause 113	General reserved land – limited or no activities

This clause gives the Minister power to reserve areas of land from all types of exploration and mining for a specific period, which is extendable. The Minister can specify what types of mining, if any, may be allowed in the reserve area and may invite applications for mineral title over the reserve area. The Minister may revoke such reservations in the Territory’s interests upon review of the reason for the reserve. The Minister’s powers in this case are able to be delegated.

Clause 114	Reservation of land in title area on cessation of title

This clause provides a power to the Minister to foreshadow the reservation of land that is currently in a mineral title to take effect at the end of the term of that title under the conditions relating to a general reserved land.

Clause 115	Reservation of land for activities by Territory

This clause provides a power to the Minister to reserve land that may be part of an EL to enable the Territory to explore, extract material in the area for the construction or maintenance of roads or infrastructure by the Territory.

Clause 116		Publication of areas of reserved land

This clause requires the Minister to publish information on the agency website about the areas reserved under the clauses above including a map showing the location of any reserves.

Clause 117	Invitation to apply for mineral title for general reserved land

This clause provides a power for the Minister to release general reserved land for grant of a mineral title by notice in the Gazette, stating the minerals allowed to be sought and any conditions imposed on the release of the land and the making of a title application. Grant of a mineral title revokes the reserve over the area granted as mineral title.

Division 2	Mineral authorities on reserved land

Clause 118	Application for and grant of mineral authority for general reserved land

This clause provides that a person may apply to the Minister for a ‘mineral authority’ over general reserved land if there are no prohibitions to such an application. The authority granted under these conditions will have similar condition to a normal mineral title unless the Minister determines otherwise. It provides that regulations may be made that exclude such authorities from the application of provisions of the Act.

Clause 119	Other applications relating to MA

This clause provides that the holder of the mineral authority may make application for renewal of the authority or seek additional Ministerial decisions akin to those relating to a normal mineral title.

Clause 120	Entitlement to apply for ML, EMP or EML

This clause provides that the holder of a mineral authority for exploration purposes may apply to be granted a ML or an EML. Upon grant of such leases the mineral reserve will cease to have effect over the area of the new title.

Part 7			Mineral Titles Register and Caveats

Division 1		Register

Clause 121		Register

This clause provides that the Minister must keep a register of mineral titles and details the information to be held on the register. The clause provides that the register may be held in any form (but in practice it will be an electronic register with paper file backup), and appropriate information from the register may be published on the agency’s website. It provides that a person may inspect the register during business hours and obtain copies of information on the register. Regulations may be made concerning the information on the register and fees applying to inspection and copying of the register.

Clause 122		Instruments relating to mineral rights interests

This clause provides that any dealing with an interest in a mineral title must be by a written instrument of dealing and it clarifies the status of such instruments in light of this requirement.

Clause 123		Registration of transfer of mineral rights interest

This clause provides that a mineral title holder must seek the Minister’s approval for the transfer of an interest, or part interest, in a mineral title to another person and that such an application must be accompanied by a signed instrument of transfer. The Minister may approve the transfer which has no effect until it is registered.

Clause 124		Registration of devolution of mineral rights 					interest

Where a person seeks to have a devolved interest in a mineral title registered in their name the person must apply to the Minister and provide documentary evidence of the devolution. The Minister may approve the registration of the devolution which has no effect until it is registered.

Clause 125		Registration of other dealings	

This clause relates to other general dealings in a mineral title other than transfers or devolutions, and details that such dealings must be registered and this will generally provide them with a priority over other (unregistered) dealing relating to the title.

Clause 126		Notice of registration and refusal of application

Provides that upon registration of an interest of a transferred or devolved mineral title in the register the Minister must give written notice to each party to the transfer, and potentially any other person with an interest in the title. If the Minister refuses to register an instrument, a notice with the reason for refusal must be sent to the applicant who may seek a review of the decision by the Tribunal.

Clause 127		Correction of register

This clause provides that an error in the register may be corrected on the initiative of the Minister or upon an application in writing to the Minister from any person.

Clause 128		Minister’s certificates

This clause determines that a certificate, certifying a matter relating to information in the register, may be provided by the Minister upon application in writing and the payment of the prescribed fee. Such a certificate is admissible as evidence in a court proceeding.

Clause 129		Application of Law of Property Act

This clause provides that the Law of Property Act applies in relation to land which is the subject of a mineral title.

Division 2		Caveats

Clause 130	Lodgement, acceptance and registration of caveat

This clause provides that a person claiming an interest in a mineral title or an application for a mineral title may lodge with the Minister in the approved form a caveat seeking to prevent the registration of any dealing in the title except under conditions defined in section 110 of this Act. The caveat comes into force upon acceptance by the Minister who must then enter it in the register.

Clause 131		When caveat ceases to be in force

This clause provides that a caveat ceases; upon its withdrawal by notice of the caveator, if the Tribunal orders its withdrawal or if a notice of continuation is not provided in due time following a notice sent to the caveator from the Minister advising that a dealing has been lodged.

Clause 132	Notice of caveat and application for cancellation or removal

This clause provides that the holder of, or applicant for a mineral title may apply to the Tribunal for the caveator to appear before the Tribunal to justify the retention of the caveat. The Tribunal may make orders, including the order that the caveat be removed or the application cancelled.

Clause 133	Effect of caveat on registration of particular dealing

This clause sets out the procedure that the Minister must follow upon receiving an instrument seeking to deal with a mineral title after a caveat has been registered. The Minister cannot enter the dealing in the register while the caveat remains. The Minister must notify the caveator of the proposed dealing. The caveator; may, not respond to the notice where upon the caveat ceases after 30 days; may withdraw the caveat; or may seek the continuation of the caveat. If, at this point, the caveator wishes to prevent the registration of the interest the caveator must take action (i.e. seek an injunction) in a relevant court.

Part 8			Fossicking

Clause 134		Authorised fossicking

This clause provides that any person may fossick on land in the Northern Territory subject to compliance with conditions set out in this clause. It limits fossicking activities to those that can be conducted using hand held tools and excludes the use of powered operated machinery or explosives. While fossickers may sell minerals discovered during fossicking it limits fossickers from making these sales a substantial part of their financial livelihood. 

Clause 135		Fossicking area declaration

This clause provides that the Minister may declare an area as a Fossicking Area with the consent of the owner of the land and in accord with laws relating to the land, including the Native Title Act. Fossickers may fossick on Fossicking Areas with out specific permission of the owner of the land.

Clause 136		No restrictions on fossicking on particular land

This clause lists the types of land on which a person may fossick without obtaining consent of a mineral title holder but does not preclude the requirement of consent from the owner of the land (see below).

Clause 137		When consent is required

This clause sets out the consent requirements for fossickers wishing to enter and fossick on freehold or pastoral lease lands.

Clause 138		Requirements for private land and pastoral land

This clause further defines the consent requirements for fossicker who wish to fossick on reserved land such as Northern Territory parks and reserves or on Aboriginal freehold land or Aboriginal living areas. It determines who may provide written consent to fossickers to access these areas.

Clause 139		Requirements for title area of EL

This clause determines that fossickers may fossick on mineral ELs for any mineral except gold (obviously with the land owners consent). Fossickers wishing to fossick for gold are required for follow additional procedures set out in regulations.

Clause 140		Requirements for other title areas and proposed 				title areas

This clause determines that fossickers may only fossick on mineral titles or mineral title application areas, other than ELs, with the written consent of the mineral title holder or title applicant.

Clause 141		Multiple requirements for fossicking

This section confirms that a person wishing to fossick on mineral titles must also obtain the permission of the land holder (as previously defined).

Clause 142		General obligations relating to fossicking

This clause determines that fossickers fossicking on a Fossicking Area must comply with the condition of the Fossicking Area and all fossickers must comply with other law in force relating to the land. 

Clause 143		Regulations relating to fossicking

This clause provides that regulations concerning fossicking may be made concerning; the activities that may be conducted by fossickers; information required by the Minister; notices and the content of notices which must be given to the Minister and landowners.

Part 9			Legal Proceedings

Division 1		General matters

Clause 144		Prosecution

This clause determines that an offence against this Act may be prosecuted in an appropriate court and it sets a time limit of three years for the commencement of a prosecution of an offence under this Act.

Clause 145		Minerals and extractive minerals extracted 	unlawfully

This clause determines that any mineral that has been mined illegally remains the property of the crown.

Division 2		Offences relating to mineral titles, authorised activities and other matters

Clause 146		Contravention of condition of mineral title

This clause determines that a holder of a mineral title or an access authority commits an offence if the holder deliberately or recklessly engages in activities that lead to contravention of the conditions of the title. A penalty limit is set within this clause.

Clause 147		Conducting activities without mineral title

This clause determines that a person who, either intentionally or recklessly, conducts exploration or mining on land in the Territory when there is no mineral title in force, commits an offence. A penalty limit is set with in this clause.

Clause 148		Interference with authorised activities or rights

This clause determines that a person must not interfere with activities being lawfully conducted on a mineral title or an access authority. 
A penalty limit is set with in this clause.

Clause 149		Entering into unlawful agreement about 	compensation

This clause determines that a person commits an offence if they enter into a compensation agreement which is contrary to a provision of this Act. Such an illegal agreement could include payment of compensation for the value of minerals extracted. A penalty limit is set with in this clause.

Clause 150		Misleading information and documents

This clause sets offences for persons providing misleading information or documents to Territory officials acting in an official capacity. It also provides guidance on how to mitigate the errors.

Clause 	151		Obstruction of Official

This clause makes it an offence for any person to intentionally obstruct an official who they know is acting in an official capacity. A penalty limit is set within this clause.

Clause 152		Additional penalty for continuing offence

This clause provides for an additional daily penalty to be imposed for continuation of an offence after the perpetrator has been identified and ordered to cease offending.

Clause 153		Additional orders on finding of guilt

This clause provides that a court may make orders in additional to penalties for an offence against certain section of this Act which require the offender to: pay the cost of repairs; pay the value illegally mined minerals not recovered by the Territory; forfeit seized equipment etc.

Division 3		Criminal liability

Clause 154		Definition

This clause defines the term ‘representative’ as an employee or agent of a person mentioned in this Act.

Clause 155		Liability of representative

This clause determines the responsibilities of a representative in the conduct of an offence and also clarifies the limits of liability of a person who is described as a representative when acting under supervision.

Clause 156		Conduct of representative

This clause sets out in some detail the responsibilities of a person who engages a representative, and clarifies the fault elements that may be used as a defense against a breach of a provision of this Act. It clarifies the situation where a person took reasonable steps to prevent conduct that led to a breach and draws on clauses in the Criminal Code which assist in determining the fault element that parties involved in an offence may be subject to.

Clause 157		Offence – other partners and managers taken to 	have committed offence of partner

This clause sets out the limits of responsibility of partners in a partnership should one of the partners commit an offence against this Act. In general all partners will be equally liable unless the non-offending partner could not have influence the action or had actively attempted to prevent the action.

Clause 158		Offence – managers of unincorporated associations taken to have committed offence of 	other manager

This clause sets out the limits of responsibility of managers in an unincorporated association should one of the managers commit an offense against this Act. In general all managers will be equally liable unless the non-offending manager could not influence the action or had actively taken steps to prevent the offending conduct.

Clause 159		Criminal liability of executive officer of body corporate

This clause determines that the executive officer of a body corporate commits an offence if the body corporate commits an offence by contravening a provision of this Act and if the executive officer was in a position to prevent the offence and was not diligent in preventing the contravention of the Act. It provides guidance to a court in determining the level of liability of the executive officer, depending on the corporate body’s arrangements for control, supervision and implementation, and the representatives’ awareness of a possible contravention. The clause also defines the term ‘executive officer’.  

Division 4	Proceedings in Tribunal

Clause 160	Making application to Tribunal

This clause set the Lands Planning and Mining Tribunal as the Tribunal for referrals under this Act.

Clause 161	Regulations may provide for other applications to Tribunal

This clause determines that regulations may be made determining which matter may be referred to the Tribunal and any procedures in addition to those in the Lands Planning and Mining Tribunal Act may apply to the determination of the referral.

Part 10	Administration and Enforcement

Division 1		General administration

Clause 162	Approved forms

This clause provides a power to the Minister to approve forms required under this Act and requires that the forms be publicised in a way decided by the Minister.

Clause 163	Applications, notices and other information

This clause is an administrative clause which;
·	Provides that applications or notices must be lodged with the Agency in a manner acceptable to the Minister,
·	Determines that applications must be made substantially in accordance with the approved form, 
·	Any information required must be supplied in the for required by the Act or regulations,
·	All fees must be paid on application, or before a decision relating to the application (including formal acceptance of the application) is made, and
·	Determines that a business day for applications or document lodged with the agency finishes at 4.00 pm on that business day.

Clause 164	Requirements of Minister

This clause provides power to the Minister to seek further information from an applicant about an application under this Act before determining the application. It also determines that a title holder may be required to give the Minister information or take an action relevant to a mineral title.

Clause 165	Minister to give written notice of decisions and requirements

This clause requires all determinations given by the Minister to be in writing. A refusal of an application by the Minister must include a reason for the decision, except when the refusal applies to an ‘excluded application’.

Clause 166	Minister may extend time

This clause provides power to the Minister, on his own initiative or upon request, to extend any time specified in this Act, or a notice under this Act for an action to be taken, if the Minister considers that circumstances justify the extension.

Clause 167		Constructive consent of landowner

This clause provides that where a person has sought written consent of a landowner to enter land or take an action and that land owner has not responded within two months then the landowner is taken to have given consent.

Clause 168	Guidelines

This clause provides that the Minister may make and publish guidelines consistent with this Act for the administration of matters provided for in this Act. Such guidelines may be published in any way including on the agency’s website. 

Clause 169	Delegation

This clause provides that the Minister may delegate powers under this Act to the chief executive officer of the agency or to a designated public sector employee.

Clause 170	Release or publication of information

This clause provides that the Minister may publish or release information provided in a report on activities on a mineral title only as provided for in regulations. Regulations may be developed to deal with the type of information that may be released and the timing of any publication of data. This is so that any confidential material provided by the title holder in reports is protected until after the title has ceased or the title holder agrees to the release of data.

Clause 171		Action if condition or requirement contravened

This clause deals with a circumstance where a title holder is required by the title conditions or by order of the Minister to take certain actions and does not comply with the requirement. It provides that the Minister or his agents can enter the title and take the required action at a cost to the title holder.

Clause 172		Action relating to removal of equipment

This clause relates to the removal of plant and equipment from a mineral title upon cessation of the title. It provides that if necessary the Minister must give notice of the removal requirement and provide a time of at least 14 days for the removal action to occur. Non-compliance may be followed by the Minister auctioning the plant or equipment, with the purchaser having a right to remove the materials from the title area. Funds from the sale will be returned to the person who originally owned the materials after all debts to the Territory or to any other person requiring payment under this Act (e.g. compensation payments) have been paid.

Clause 173	Decision not to be challenged solely for irregularity

This clause protects the integrity of a decision made by the Ministers about an application under the Act where there may be found to be some irregularity in the application or failure of the applicant to meet all the necessary procedures or requirements. This protection of the decision on behalf of the applicant does not apply if the irregularity or failure involves fraud.

Division 2	Authorised officers

Clause 174	Appointment of authorised officer

This clause provides that the Minister may appoint public sector employees as ‘authorised officers’.

Clause 175	Identity card

This clause provides that authorised officers must be issued with and carry identity cards that contain their photo, and their name and signature. The cards must be returned with in two weeks if an officer ceases to hold the position. The clause also provides that an officer must produce the card on request and if he/she fails to do so any action they request does not need to be complied with. A penalty limit is set within this clause.

Clause 176	Functions of authorised officer

This clause list the functions of authorised officers, including power to inspect titles and access titles to ensure that the condition of the titles are being complied with, to receive and investigate complaints, give advise and information and to collect statistics about the mineral resource industry.

Clause 177	General powers

This clause details general powers held by an authorised officer including power to enter and inspect title areas and to obtain information necessary to investigate any matters relating to the titles. They are given power to require a person to answer questions and to require the title holder or operator to take actions to ensure compliance with title conditions. Oral instructions must be later confirmed in writing and the Act sets penalties for non compliance with instructions or orders. A penalty limit is set within this clause.

Clause 178	Search and seizure powers

This clause provides authorised officers, who believe that an offence is being committed or about to be committed against this Act, with wide powers to, with out warrant, enter sites, seek information, search titles, stop activities, seize articles, record data, take samples and search people. Any oral instructions given must be confirmed later in writing and the Act sets penalties for non compliance with instructions or orders. After such action an authorised officer must report to the Minister. A penalty limit is set within this clause.

Clause 179	Reasonable force and assistance

This clause provides that an officer may use reasonable force and assistance to perform the functions referred to above.

Clause 180		Falsely representing to be authorised officer

This clause makes it an offence to pretend to be or to impersonate and authorised officer. A penalty limit is set within this clause.

Division 3	Forfeiture of seized thing and notice to claim

Clause 181	Definitions

Provides definitions for ‘relevant offence’ and ‘seized thing’ which apply in the following clauses.

Clause 182	Court may order forfeiture

This clause relates to the handling of seized things where a prosecution leads to a guilty finding. The seized thing may be forfeited, by the court, to the Territory and handling costs charged to the guilty person.

Clause 183	Minister may give notice to claim delivery

This clause determines that in respect of a seized thing that where a prosecution is not commenced with in 12 months of seizure or a court doesn’t determine forfeiture, that the person may upon notice from the Minister claim delivery (return) of the seized thing within 21 days. However, if it is not reclaimed in due time it is forfeited to the Territory.

Part 11	Miscellaneous matters

Division 1	General provisions

Clause 184	Aboriginal community living area – excluded land

This clause provides an opportunity for an association which is granted a community living area to give notice to the Minister to have an area of one kilometer radius from a defined central point in the community living area classed as ‘excluded land’. Upon such notice the land will be excluded from the grant of any new mineral titles, but the notice will not affect any mineral titles already in existence. 

Clause 185	Prescribed substance – royalty payments

This clause relates to the payment of royalty for the mining of prescribed substances (which generally refers to the mining of uranium) in the Territory. It specifically refers to the arrangements for the payment of royalty under the agreement covering mining within the Ranger Project Area and then more generally provides reference to the payments of royalty made under the Uranium Royalty (Northern Territory) Act and the potential need for the Territory to pay to the Commonwealth royalty received by the Territory for uranium mined in Territory mineral titles.

Clause 186	Prescribed substance – Minister’s exercise of powers

This clause requires the Minister to exercise his powers, when they relate to prescribed substances (uranium), only in accordance with the advice of the Commonwealth Minister. The clause describes occasions when the Minister can act without the advice of the Commonwealth Minister but these situations are when the matter in question is covered by current legislation or by an agreement with the Commonwealth Minister under section 7 of the Uranium Royalty (Northern Territory) Act.

Clause 187	Agreement to be consistent with Act 

This clause requires that agreements made are to be consistent with the Act and when inconsistencies arise no agreement is of effect.

Clause 188	Acquisition on just terms

This clause ensures that the Territory may only acquire property on just terms and provides for an appropriate court to determine such just terms compensation.

Clause 189	Protection from liability

This clause serves to protect authorised officers or their assistants or persons acting under this Act from civil or criminal liability for actions, done or omitted to being done, that they do in good faith in carrying out their duties. It does not affect the liability that the Territory itself may have for an act or omission. 

Division 2	Regulations

Clause 190	Regulation-making power

This clause provides the Administrator with power to make regulations under this Act covering: 
·	procedures 
·	mineral authorities 
·	information required by the Minister 
·	surveying of titles 
·	protection of land and improvements 
·	geological sample delivery or disposal 
·	how title rights may be exercised 
·	amalgamation or division of title areas 
·	notices for preliminary exploration 
·	how things and powers may be exercised under this Act.

Clause 191	Transitional regulations 

This clause provides that regulations may contain saving or transitional provisions relating to this Act which may take effect earlier than the date that the regulation is published. If this occurs the Act protects the rights of persons that existed, or things that were done, prior to their date of publication. Where the regulation is inconsistent with provisions of this Act or another Act referred to in the regulation then the regulation prevails in its context.

Part 12	Repeals and transitional provisions for Mineral Titles Act

Division 1	Preliminary matters

Clause 192	Interpretation

This clause includes a number of definitions that are applicable to the transitional provisions of the Act.

Clause 193	Principles for transition

This clause sets out principals for the transition from the existing Mining Act to the new Mineral Title Act. The principals include the need to achieve consistency of tenure, to maximise the exploration and development of mining in the Territory, to ensure that titles are compliant with the Act and conditions of title and to allow title holder sufficient time to adapt to the new title conditions.

Division 2	Repeals and savings

Clause 194	Repeals

This clause determines that Acts specified in the schedule to this Act are repealed. These Acts are all related to the Mining Act 1980 and its various amending Acts.

Clause 195	Continuation of authorisations for construction

This clause determines that an authorization under the Mining Act 1980 is continued.

Clause 196	Continuation of fossicking areas

This clause determines that a fossicking area under the Mining Act 1980 is continued.as a specified area of land for this activity.

Division 3	Existing applications

Clause 197	Existing applications generally

This clause deals with applications for mining interest or mining tenement that are currently pending under the existing Mining Act. It specifies that such applications will be dealt with in accordance with the procedure of the new Mineral Titles Act and that any fees already paid will adequate for the purposes of this new Act.

Clause 198	Grant or renewal– corresponding application

This clause deals with applications for grant or renewal of mining interests under the repealed Act for which there is a corresponding mineral title under the new Act. It specifies that the application will be dealt with under this new Mineral Title Act. It provides a mechanism to grant the application depending on whether the applicant has met the necessary criteria for grant under the old or new Acts and provides an option for the Minister to: 
·	grant a corresponding mineral title under this new Act, or
·	determine the title under the decision making clauses of this new Act, or 
·	by procedures set out in the regulations.

Clause 199	Grant or renewal– no corresponding application

This clause determines that, where an application for a grant or renewal is for a mining interest or tenement for which this new Act has no corresponding mineral title, the application will be dealt with under procedures in the regulations.

Clause 200	Other existing applications

This clause deals with any other application relating to a mining interest under the old Mining Act (except grants or renewals that are covered in Clauses 194 and 195, or applications to a wardens court) and specifies that depending on whether there is a corresponding title under the new Act the application will be dealt with under procedures set out in this new Act or procedures specified by regulation.

Division 4	Existing interests and corresponding mining tenements

Clause 201	Conversion of existing interest to corresponding mineral title

This clause specifies which mineral titles in this new Act are the corresponding mineral titles for mining interests that are held under the repealed Mining Act. It specifies that upon commencement the mining interests will automatically be converted to the new mineral titles.

Clause 202	Inconsistency of corresponding mineral title with Act

This clause provides a mechanism to deal with a situation where a condition of title of a converted title is inconsistent with a provision of this Act. It provides a means by which the Minister may vary the condition of the converted mineral title to conform to the Act or provide advice to the title holder as to how conformity should be achieved. Regulations may also be made to deal with any recurring inconsistencies in title conditions. Such situations will be dealt with so as to not impose undue or inappropriate conditions on the converted titles and to facilitate conformity with as little inconvenience to the title holder as possible.

Clause 203	Non-compliant existing interests 

This clause provides a mechanism to deal with a number of existing interests provided for under the old Mining Act that do not exist under the new Act. It provides that the existing interests continue in force until the Minister takes action to deal with, cancel, or convert the interests. The clause gives the interest holder opportunity to consider the Minister’s proposal and make submissions on how an interest is dealt with or to seek a review by the Tribunal. Regulations may also be made to deal with any recurring situations concerning such interests.

Clause 204	Other matters to be dealt with by regulation

This clause provides power for regulations to be made concerning conversion of mineral interests, payments or refunds of rents and reports relating to existing mining tenements.

Division 5	Registers

Clause 205	Continuation of registers under repealed Act

This clause provides that the register relating to mining tenements and interests under the repealed Mining Act will continue to form part of the register for the title that is continued under this new Act.

Clause 206	Information has same effect

This clause provides that information that was entered in the original register will continue to apply to the title in it new form under this new Act and that any dealings or caveats will continue to have the same effect in relation to the interest as under the repealed Mining Act.

Clause 207	Conideration and registration of instruments

This clause provide that if consideration or registration of a matter relating to a mining interest or tenement is outstanding before the commencement of this new Act then it will be dealt with pursuant to clauses in this new Act.

Division 6	Wardens court

Clause 208	Proceeding before warden’s court

This clause provides that any matters that were proceeding or outstanding in the Warden’s Court upon the commencement of this new Act will continue to be dealt with pursuant to the old Mining Act as if this new Act had not commenced although the warden must take into account the impending conversion of the title under this new Act.

Clause 209	Question reserved

This clause deals with a procedural issue relating to the power a warden, under the repealed Mining Act, has to refer a question of law to the Supreme Court. The Supreme Court must deal with the question as if this new Act had not commenced.

Clause 210	Appeal

This clause empowers a person to appeal to the Supreme Court against a decision of the warden as if this new Act had not commenced.

Clause 211	Application for directions

This clause provides that if a person immediately before the commencement of this new Act had applied to the Warden Court for direction under the old Mining Act, and the matter had not been dealt with, then the warden will not deal with the matter but refer it for decision to the Minister or if relevant to the Tribunal.

Division 7	Other matters

Clause 212	Mining Trust Fund

This clause deals with the Mining Trust Fund created under the old Mining Act to hold moneys for compensation potentially required to be paid by the Northern Territory Government for the impacts of tiles granted on land to which Native Title may apply. The clause allows the trust fund to continue to operate as if this new Act had not commenced. It also provides that money held in the fund may be repaid (with interest as applicable) if no longer required and for the trust fund to be closed when it no longer holds any funds.

Clause 213	Reserved land

This clause defines the terms ‘special reserved land’ and ‘general reserved land’ that are used in Part 6 Division 1 of this Act.  They are areas of land that had already been reserved under section 178(1) and section 15 of the old Mining Act respectively. These areas of land cover sensitive areas, towns and parks and reserves throughout the Territory.

Schedule	Repealed Acts

This clause lists the Acts that will be repealed upon commencement of this new Mineral Titles Act.  It includes the Mining Act and a list of Acts that over the years amended the Mining Act.