Work out when tenement rent falls due and what follows if it is late
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the tenement register, list the anniversary of the term, the date one month after that anniversary, and whether the tenement was surrendered, forfeited or expired before the anniversary. List the dates of any overdue rental reminder, final overdue rent notice and notice of intention to forfeit. Do not calculate a dollar amount of rent and do not write a response to a forfeiture notice.
- What the lawyer must review
- The lawyer decides what is payable and what is said in reply to a forfeiture notice. The Department of Mines, Petroleum and Exploration debt-recovery page states that rent is payable under section 108 of the Mining Act 1978 at rates that are reviewed yearly, annually in advance. The first payment is made when the application is lodged. Later payments are due on the anniversary and must be paid no later than one month after that date under regulation 109 of the Mining Regulations 1981. If the tenement is surrendered, forfeited or expires before the anniversary, no rent is due for the following year. If it ends on or after the anniversary, rent remains payable and the page states there is no pro-rata reduction, under section 114B. The page's example is a lease that commenced on 1 July 2015 with rent of $1,570 payable by 31 July 2016 and forfeited on 31 August 2016, the holder remaining liable for $1,570. Non-payment or late payment leaves the tenement liable to forfeiture under sections 96, 96A and 97. If rent is unpaid within one month of the anniversary, an overdue rental reminder is issued, including where the tenement has already ended. If it is still unpaid one month after that reminder, a final overdue rent notice gives one further month, and debt recovery follows if it remains unpaid. A notice of intention to forfeit under regulation 49 or 50 is a separate letter and can be sent up to two months after the one-month pay period. If rent is paid after that notice, forfeiture or a penalty may still be imposed under sections 96(3), 96A(5) or 97(5). The time to pay a penalty is on the notice and in the electronic system. For an anniversary from 1 July to early August the page says a reminder cannot issue until gazetted increases are entered, and the holder must still pay within one month. The lawyer does not treat the example amount as the current rate. This task is not the annual expenditure return and it is not an exemption from expenditure conditions.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the tenement register, list the anniversary of the term, the date one month after that anniversary, and whether the tenement was surrendered, forfeited or expired before the anniversary. List the dates of any overdue rental reminder, final overdue rent notice and notice of intention to forfeit. Do not calculate a dollar amount of rent and do not write a response to a forfeiture notice. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Mark the anniversary and the date one month later, and record whether the tenement ended before the anniversary.
- Keep the overdue reminder, the final overdue notice and the notice of intention to forfeit as separate dates.
- Do not use the page's example dollar amount as the current rent, and confirm any forfeiture response is the lawyer's.
Sources
- Department of Mines, Petroleum and Exploration, debt recovery for outstanding rents and penalties on mining titles · 2026-10-22
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.