Transfers and dealings of mineral titles
Mineral titles in the Northern Territory (NT) can be transferred or devolved from the existing owner to a new owner.
The mineral title, whether granted or under application, must be in good standing.
A mineral title, and an application for a mineral title, can also be mortgaged or have agreements registered against them.
These transactions are commonly referred to as dealings.
A caveat is not a dealing under the Mineral Titles Act 2010. Read more about caveats.
You must use the correct form for any dealing in a mineral title, or an application for a mineral title, and pay the relevant fee. The fee applies to each mineral title affected by the dealing.
You must also pay stamp duty to NT Revenue on some transactions and can be fined if you don't.
Transfers
You must apply to the department for any dealing in a mineral title or an application for a mineral title.
The proposed new owner must meet the same criteria as if they were applying for the grant of a title.
They must:
- prove they have the required technical and financial resources to fund and undertake the existing work program
- acknowledge existing expenditure commitments and agree to comply with the existing title conditions
- provide a summary of work to be carried out on the mineral titles.
They should search the register to confirm the mineral rights interest is in good standing, including reporting requirements. Request a title search by emailing titles.info@nt.gov.au.
All of the following factors apply to a transfer of a mineral rights interest:
- it must be assessed by the NT Revenue Office for stamp duty before it is submitted to the department for approval
- all conditions on a mineral title being transferred must have been substantially met before it can be approved
- you can ask the department to provide a notice of the approval of the transfer before it is registered
- you must pay the fee.
Once the transfer is registered, the new owner must comply with all grant conditions and expenditure requirements.
Use the below form and pay the relevant fees.
Transfer of a mineral title form DOCX (77.5 KB)
Transfer of a mineral title form PDF (761.2 KB)
Use the below form to add more mineral titles to your transfer.
Additional mineral titles to transfer PDF (430.8 KB)
Additional mineral titles to transfer DOCX (62.3 KB)
Agreements
Agreements can be registered against applications and granted mineral titles.
If it's a joint venture agreement where a new partner earns a share, that share must be registered through the transfer process once the equity is achieved.
The existing title holder is responsible for meeting the Mineral Titles Act 2010 requirements, no matter what the agreement says.
You don't need departmental approval the registration of an agreement.
However, you must submit details to the department with the below form and pay the relevant fees.
Agreement form DOCX (68.3 KB)
Agreement form PDF (591.1 KB)
If you want to add more parties to an agreement, you must use the below form.
Additional parties to agreement DOCX (62.7 KB)
Additional parties to agreement PDF (429.7 KB)
If you want to add more mineral titles to an agreement, you must use the below form.
Additional mineral titles DOCX (60.4 KB)
Additional mineral titles PDF (427.2 KB)
Before submitting the agreement to the department, it must be assessed by the NT Revenue Office for stamp duty.
The department must register the agreement unless there are reasons not to.
It will return all copies of the agreement to the lodging party.
Mortgage
If you want to register a mortgage against a mineral title or a mineral title application, you don't need the approval of the department.
However, you must submit a written request with the below form and pay the relevant fees.
Mortgage DOCX (69.7 KB)
Mortgage PDF (595.1 KB)
You must submit a copy of the mortgage with the form.
You don't have to pay stamp duty on a mortgage.
The department must register the mortgage unless there are reasons not to.
Devolution
Devolution means changing the ownership of an interest in a mineral title when the current owner dies, is declared bankrupt, or goes into receivership or liquidation.
Ownership then devolves, to a trustee or representative.
You must apply in writing to register the devolution using the below form and pay the relevant fees.
Devolution DOCX (72.2 KB)
Devolution PDF (604.6 KB)
You don't have to pay stamp duty.
In the case of:
- a death, you must attach a copy of the grant of probate, along with a copy of the will or public trustee authority
- bankruptcy or company failure, you must attach a certified copy of appointment as liquidator or receiver.
Summary of dealings
For a summary of dealings in mineral titles, read the guide below.
Lodgement of an instrument of dealing DOCX (64.8 KB)
Lodgement of an instrument of dealing PDF (569.8 KB)
Mineral claims and authorised holdings only
Mineral claims and authorised holdings are titles under the repealed Mining Act 1980. They're referred to as non-compliant existing interests under the Mineral Titles Act 2010.
They can only be transferred under the repealed Act. This means you'll need to use different forms.
The incoming party must hold a miners right. A fee applies.
To apply for and register the transfer of a mineral claim and/or an authorised holding, use this form.
Transfer DOCX (75.9 KB)
Transfer PDF (758.7 KB)
To add more mineral claims or authorised holdings to your transfer, use this form.
Additional mineral claims / authorised holdings to transfer PDF (432.3 KB)
Additional mineral claims / authorised holdings to transfer DOCX (62.2 KB)
To register an agreement against a mineral claim and/or an authorised holding, use this form.
Agreement DOCX (68.7 KB)
Agreement PDF (595.4 KB)
To add more parties to an agreement, use this form.
Additional parties to agreement DOCX (62.7 KB)
Additional parties to agreement PDF (433.4 KB)
To add more mineral claims to an agreement, use this form.
Additional mineral claims DOCX (61.8 KB)
Additional mineral claims PDF (430.6 KB)
To register a mortgage against a mineral claim and/or authorised holding, use this form.
Mortgage DOCX (69.8 KB)
Mortgage PDF (596.7 KB)
To apply to have a mineral claim and/or authorised holding devolved, use this form.
Contact
If you have any questions, contact the Mines branch.