--- title: "Transfer of a mining authority: approval, registration and caveat checklist (NSW)" url: "https://ailawframework.com/precedents/energy-resources-and-mining/mining-authority-transfer-approval-and-registration-checklist" type: "precedent" site: "AI Law Framework" id: "a13-mining-authority-transfer-approval-and-registration-checklist" area_id: "A13" kind: "checklist" ai_level: "yellow" version: 1 task_ids: ["A13-X20260927-1", "A13-T1-R1", "A13-A20260923-1"] law_stated_as_at: "2026-10-18" --- # 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,… Canonical page: https://ailawframework.com/precedents/energy-resources-and-mining/mining-authority-transfer-approval-and-registration-checklist Law stated as at: 2026-10-18 Site index for agents: https://ailawframework.com/llms.txt 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. ## Key facts - Kind: Checklist. Steps or checks to work through and tick off. - Practice area: [Energy, Resources & Mining](https://ailawframework.com/precedents/energy-resources-and-mining.md) - Jurisdictions: New South Wales - AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use. - Law stated as at: 2026-10-18 - Status: Maintained. Checked on 2026-10-18 against the 5 authorities it cites, for New South Wales. ## 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 - [Lodge a tenement transfer or dealing for registration](https://ailawframework.com/practice/energy-resources-and-mining.md#A13-X20260927-1) - [Build a tenement and title due-diligence table from the registers](https://ailawframework.com/practice/energy-resources-and-mining/build-a-tenement-and-title-due-diligence-table-from-the-registers.md) - [Extract change-of-control and assignment consent from the JOA and tenement](https://ailawframework.com/practice/energy-resources-and-mining.md#A13-A20260923-1) ## 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 ## Authorities - [Mining Act 1992 (NSW) s 120 (application for approval of transfer; lodged with the Secretary; holder must first notify persons with interests registered under s 161)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1992-029) - [Mining Act 1992 (NSW) s 121 (decision-maker may approve or refuse; may vary or add conditions; notice of unpaid royalties and other Crown amounts under s 121(7A))](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1992-029) - [Mining Act 1992 (NSW) s 122 (application for registration within 3 months of notice of approval; security deposit evidence; lapse of approval; effect of registration)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1992-029) - [Mining Act 1992 (NSW) s 124 (caveats: 3 months; Supreme Court orders) and s 161 (register of legal and equitable interests; priority; registration not evidence of the interest)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1992-029) - [Mining Act 1992 (NSW) s 261BAA (security may be required before transfer) and s 137 (limitation of challenges to decisions about authorities)](https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1992-029) ## Full text and drafting notes The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/energy-resources-and-mining/mining-authority-transfer-approval-and-registration-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm. *Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*