Checklist · Energy, Resources & Mining
Transfer of a mining authority: approval, registration and caveat checklist (NSW)
Checklist for transferring an exploration licence, assessment lease or mining lease under the Mining Act 1992 (NSW): notice to registered interest holders, the approval application, unpaid royalties and security, registration within 3 months, caveats and registered interests.
- Kind
- Checklist. Steps or checks to work through and tick off.
- Where it applies
- New South Wales
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 5 authorities it cites, for New South Wales.
- Version
- 1
- Source
- Written for this library
When to use it
Use on the sale of a tenement, a farm-in that earns a title interest, or an internal restructure that moves a NSW mining authority to another holder, from the transaction documents to registration of the transferee. Run it alongside the joint venture and land access documents.
Used for these tasks
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may build the checklist from the register extract, the sale or farm-in agreement and the joint venture documents; a lawyer checks every registered interest, consent and date before the application is lodged.
AI may
- Extract the authority number, holder, area, conditions, expiry and registered interests from the register search
- List consents, pre-emption rights and notice requirements in the joint venture, royalty and finance documents
- Calculate the 3-month registration deadline from the date of the notice of approval and diarise it
AI must not
- Must not conclude that no person holds a registered interest, or that no caveat is in force, without a current search
- Must not lodge the application or register the transfer; lodgement is done by an authorised person after the lawyer's sign-off
- Must not decide whether a farm-in, option or royalty is an interest that should itself be registered under s 161
The lawyer checks
- Every person with an interest registered under s 161 was notified before the application was lodged (s 120(3))
- Unpaid royalties and other Crown amounts, and any security deposit, are dealt with so registration is not blocked (ss 121(7A), 122(2)(c), 122(3))
- The application for registration is made within 3 months of notice of approval, or the approval lapses (s 122(6))
- Contractual consents, pre-emption and change of control provisions are satisfied or waived in writing
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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