Buying a mining claim

The process of buying a mining claim is not the same as buying property or buying minerals in the ground.

When you buy a mining claim, you are applying to transfer the statutory authority to hold and work the mining claim, including the rights and obligations attached to that claim. The following steps are involved in becoming the holder of a mining claim.

Pay stamp duty

You must lodge a dutiable transaction statement (form D2.2) with the Queensland Revenue Office.

Lodge a transfer application

You must lodge an application to transfer a mining claim to the Department of Natural Resources and Mines, Manufacturing and Regional and Rural Development. You can apply online through MyMinesOnline or using a hard-copy form.

The application must include:

• a completed and signed MMOL-05A Application to transfer a mining claim (PDF, 1MB)
• evidence of Queensland Revenue Office (QRO) transfer duty assessment and payment (above)
• a completed Self assessment calculator—Small Scale Mining Security (PDF, 1MB) including a sketch identifying dimensions of structures and existing workings
• identification for incoming holder(s) (e.g. both sides of current driver licence)
• a Letter of Authority (DOCX, 34KB, if an authorised holder representative is being appointed by the incoming party
• where applicable, evidence that native title requirements have been met, including notification to relevant parties under any Right to Negotiate agreement (e.g. Section 31 Deed – Notice of Assignment)
• evidence that the incoming holder is a registered suitable operator with the Department of Environment, Tourism, Science and Innovation (unless the permit has a SSM Code EA)
• transfer application fee.

Note: We prefer email addresses as a point of contact to speed up communication.

Assessment of transfer application

When we receive your application to transfer a mining claim, we will assess it to ensure the:

• transfer requirements have been met
• outgoing holders have met their obligations (including council rates and charges and fixed outstanding non-compliance actions
• proposed incoming holder is eligible and able to meet the obligations attached to the mining claim.

We will not accept your application if it is incomplete or missing required information.

Becoming the holder of the mining claim

The transfer application must include all the required information listed above. The mining claim is transferred once the application has been approved by the department. The new holder will be notified when the application has been approved.

Renewals and transfer applications

If a transfer application has been lodged followed by a renewal application, the renewal application will be paused until the transfer application is approved.

If a renewal is lodged while a transfer is pending, the renewal application must be lodged by the current holder.

We recommend you coordinate with the current holder to ensure both the renewal and transfer requirements are addressed within the applicable timeframes.

More information

• Read the Permit Transfer Guideline (PDF, ) for more information about the mining claim transfer process and requirements.
• Search for mining claim details and conditions.
• Contact the Small Scale Mining Assessment Hub for more information about mining claim transfers.

---

Responsibilities of mining claim holders

When you become a mining claim holder, you must ensure you understand the obligations associated with your claim and the responsibilities you take on.

Notify landholders

When the mining claim notice is issued, you must notify landholders of the land, and landholders of the access land, about the application and provide them with a copy of the:

• mining claim notice
• mining claim application
• the Small-scale mining code (PDF, 257KB) for mining claims that meet the requirements for small-scale mining activities
• guide to landholder compensation for mining claims and mining leases (PDF, 334KB).

You must also notify:

• the local authority of the application, which they may choose to object
• affected persons, including native title claimants or registered native title body corporate.

Your mining claim notice letter will contain more information about these requirements.

The information in these documents will also be relevant when you start negotiating compensation.

Landholder compensation

Mining claims generally require a compensation agreement with the landholder. Mining claim holders must comply with any compensation agreement in place, including any compensation payments, as well as any conduct obligations. Compensation agreements are binding on mining claim transfers.

Follow the work program

You must lodge and follow a work program, which outlines the activities you must undertake each year. A copy of the current work program will be provided once the transfer is approved.

A later work program must then be lodged with the department 5 years and 1 month after the start of the most recent mining claim renewal. If you transfer the mining claim before this date, the new holder is responsible or lodging the later work program.

Infrastructure

The mining claim holder is responsible for all infrastructure and machinery on the mining claim. This means if the claim expires or if you surrender the claim, you must remediate (fix) the claim and remove all infrastructure and machinery from the land. If a mining claim is transferred, the new holder becomes responsible for infrastructure.

Security

You must pay security to the department (PDF, 319KB) as surety for meeting the conditions of the mining claim and other obligations, including:

• rectifying non-compliance
• removing structures, equipment or other property
• repairing damage to infrastructure such as gates, fences and tracks.

We may use the security payment if the mining claim requires remediation (fixing).

Estimated rehabilitation costs (ERC) and Financial provisioning (FP)

Estimated rehabilitation costs and financial provisioning must be paid to Queensland Treasury. If applying to transfer a mining claim, the transfer will not be approved until the financial provisioning has been paid to Queensland Treasury. New mining claim holders must also show they can fund the estimated rehabilitation costs.

Small scale mining code or environmental authority

Your mining claim will operate under either the Small scale mining code or Environmental authority. There will be certain conditions you must abide by to minimise environmental damage. If an Environmental authority applies to your claim, you will need to become a registered suitable operator (RSO). You also have a general environmental duty under the Environmental Protection Act 1994.

If you are buying the mining claim, you will be advised which applies to your claim.

If you are unsure if your claim operates under the code or authority, contact the Small scale mining assessment hub.

Council rates

You will need to pay council rates, which are calculated by the local government based on the size of the mining claim.

Native title agreements

You are responsible for any native title agreements that apply to your mining claim.

Health and safety

You must manage health and safety risks associated with activities carried out on the mining claim. Before you start work, you need to understand your obligations, including:

• identifying hazards
• managing risks
• maintaining safe access and equipment
• reporting relevant incidents where required.

The Opal and Gem Miners' Safety and Health handbook (PDF, 3MB) provides practical guidance on safety and risk management, including emergency preparedness, incident reporting, operational competency and safe surface and underground mining practices.

Further information

• Search for mining claim details and conditions.
• Learn about small-scale mining in Queensland.
• Contact the Small-scale mining assessment hub for more information about mining claim transfers.

---