Change of control - Minerals permits
This page gives you information about what you need to do to advise us or apply to us for a change of control.
A change of control is when a person (or a group acting together) obtains the power, directly or indirectly, to exercise, or control the exercise of, 50% or more of the voting rights in a corporate body.
A permit may be revoked if a change of control is not applied for or notified within the required timeframes.
Tier 1 permits - change of control of permit operator
Under an amendment to the Crown Minerals Act 1991, a person who will obtain control of the operator of a Tier 1 permit must apply to get consent for that change of control. This application must be made at least three months before the date the change of control takes effect.
We will only consent to the change if we’re satisfied that the permit holder, given the proposed change of control:
- has the financial capability to meet their obligations under the permit
- is highly likely to comply with, and give proper effect to, the work programme for the permit
- is highly likely to comply with the reporting obligations, and fee and royalty payment obligations under the Crown Minerals Act 1991 and regulations, and
- has the capability and systems in place that are required to meet the Health and Safety at Work Act 2015 for the activities carried out under an exploration or mining permit.
To apply for a change of control please complete Form APP-06A [PDF 295KB].
Tier 1 and Tier 2 permits - change of control of permit participants
You need to notify us of a change of control, rather than apply for consent of a change of control, if you are:
- a permit participant of a Tier 2 permit that undergoes a change of control (including the permit operator)
- a permit participant of a Tier 1 permit (but who is not the permit operator) that undergoes a change of control.
The notification must be made within three months of the change of control occurring.
To notify a change of control, you need to provide us with:
- a completed form APP-06 [PDF 363KB]
- a statement from the permit participant (or guarantor if the change of control is of a guarantor) that they have the financial capability to meet their obligations under the permit
- a copy of the agreement or document that specifies the change of control
- other supporting information about financial capability (if requested)
- evidence that you have paid the fee $2,530.
If you are notifying us or applying for consent of a change of control on behalf of someone else, you will need to send to us a completed APP-10 Application authority form [PDF 374KB].