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 application | EL Exploration Licence | ELR Exploration Licence in Retention | ML Mineral Lease | EMEL Extraction Mineral Exploration Licence | EMP Extractive Mineral Permit | EML Extractive Mineral Lease |
|---|---|---|---|---|---|---|
| Application for an EL over existing application for or granted mineral title area | No | Yes | Yes | Yes | Yes | Yes |
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 holder | No | Yes | No | No |
| Application for an EMEL over existing application for or granted mineral title area | Yes | Yes | Yes | No | Yes | Yes |
| Application for an EMP over existing application for or granted mineral title area | Yes | No | No | Only with consent of EMEL holder | No | No |
| Application for an EML over existing application for or granter mineral title area | Yes | No | No | Only with consent of EMEL holder | Yes - only by same holder | No |
*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: 04 February 2020
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