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Conflicting land tenure and titles in mineral title applications

Conflicting tenures refer to situations where the land has different legal ownership or rights.

In the Northern Territory (NT), you can't apply for a mineral title that covers both Aboriginal freehold and native title affected land.

Conflicting land tenures

If you want to apply for an area that covers both types of land tenure, you will need to make separate applications.

This ensures that they can be processed under the appropriate laws.

For all other land tenure types, you can group them into one application.

Restrictions over existing titles or other applications

In some instances, you can't apply for certain types of mineral titles over existing titles or an application for a title.

The table below shows details of applications for certain types of mineral titles.

Type of applicationExploration licence (EL)Exploration licence
in retention (ELR)
Mineral lease
(ML)
Extraction mineral
exploration licence (EMEL)
Extractive mineral
permit (EMP)
Extractive mineral
lease (EML)
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 areaOnly with consent of EL holderOnly 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're 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.

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