Land tenure and availability

Conflicting land and title tenure

This page has information on applying for mineral or energy titles on land with conflicting tenures and titles.

Conflicting land tenure

You cannot apply for a mineral or energy title that covers both Aboriginal freehold and native title affected land. 

If you want to apply for an area that covers both types of land tenure you will need to make separate applications so they can be processed under the appropriate laws.

All other land tenure types can be grouped into one application.

Conflicting titles

In some instances, certain types of mineral or energy titles cannot be applied for over existing titles or an application for a title. The table below shows details of applications for certain types of mineral titles.

Type of applicationEL
Exploration Licence
Exploration Licence
 in Retention
Mineral Lease
Extraction Mineral
Exploration Licence
Extractive Mineral
Extractive Mineral
Application for an EL over existing application for or granted mineral title areaNoYesYesYesYesYes


Application for designation of ELR by holder of granted EL*


Application for an ML over existing application for or granted mineral title area

Only with consent of EL holder

Only with consent of ELR holderNoYesNoNo
Application for an EMEL over existing application for or granted mineral title areaYesYesYesNoYesYes
Application for an EMP over existing application for or granted mineral title areaYesNoNoOnly with consent of EMEL holderNoNo
Application for an EML over existing application for or granter mineral title areaYesNoNoOnly with consent of EMEL holderYes - only by same holderNo

*The holder of an EL may apply for all or part of the EL area to be designated as an ELR, including an area of the EL that may contain an application for or a granted EMEL area. They are not entitled to apply for any area within the granted EL (including within the EMEL area) that may be subject to an application for or granted development title area.

You can download a copy of

Interaction of mineral titles - what you can apply for over what DOCX (66.5 KB).

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Last updated: 20 September 2016

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