Tips for preparing change of control/operator or transfer of interest applications
Preparing a minerals application for any of the following soon?
- transfer of interest
- change of control
- change of operator, or
- change of dealings
Here are our top 5 tips to help it be successful.
1. Read our guideline on these types of applications.
It outlines the differences between the types of applications, the legislative requirements to apply and shows you the considerations we’ll take in assessing your application.
Minerals - Consent to change operator or transfer interests
Minerals - Change of control
The Minerals Application guide shows the additional information to be provided to make a complete application. If your application is incomplete, it may be rejected.
Minerals Application Guide [XLSX 25KB]
3. Know what is required from you for your application, and the tests it must pass to be granted.
For example, make sure you show in your application what the work programme is and provide relevant information about how you will fund and carry out the work.
To grant consent to your application for a change of operator or a change of control for a Tier 1 permit operator, we need to be satisfied that a proposed permit holder will be highly likely to comply with work programmes and obligations relating to fees and royalties.
Similarly, following a transfer of interest we need to be satisfied it’s highly likely that the permit holder will give effect to the permit and comply with its conditions. Tier 1 permit holders will also need to have appropriate capability and systems in place to comply with health and safety legislation.
4. Know what should be included in a sale and purchase agreement.
To help us to efficiently process your application make sure the written agreement includes:
- the permit number(s)
- the parties involved (who is selling the permit interest and who is acquiring the permit interest).
- the % of interest being transferred
- the date of the agreement
- if you are preparing a transfer of interest or a change of control of a Tier 1 operator application, make sure you include reference to consent being required from the Minister prior to change taking place.
And make sure all parties have signed and dated the agreement.
5. Include all of the authorised signatures and correct names required on the permit application.
For example, for a transfer of interest or change of operator application, all parties involved with the transfer/change need to sign.
When listing the application contact, it needs to be an individual, not an organisation.