Part 1BPermits, access to land, and other matters
Permits, access to land, and title notations: Changes to permits
41AEWhen Minister may consent to change of control
The Minister may consent to the change of control
for the purposes of section 41AB only if the Minister is satisfied that—- the permit holder, given the proposed change of control,—
- has the financial capability to meet its obligations under the permit; and
- is highly likely to comply with, and give proper effect to, the work programme for the permit; and
- is highly likely to comply with the relevant obligations under this Act or the regulations in respect of reporting and the payment of fees and royalties; and
- in the case of a permit as defined in section 89D, is highly likely to comply with the relevant obligations in subparts 2 and 3 of Part 1B; and
- has the financial capability to meet its obligations under the permit; and
- if the Ministers require an outgoing guarantee under section 41I, an outgoing guarantee that the Minister considers to be appropriate has been provided in accordance with that requirement; and
- in the case of a Tier 1 permit for exploration or mining, the permit operator, after undergoing the change of control, has, or is highly likely to have by the time the relevant work in the permit is undertaken, the capability and systems that are likely to be required to meet the health and safety and environmental requirements of all specified Acts for the types of activities to be carried out under the permit.
Section 29A(3) and (4) applies for the purposes of subsection (1)(b), with all necessary modifications.
Notes
- Section 41AE: inserted, on , by section 8 of the Crown Minerals Amendment Act 2019 (2019 No 2).
- Section 41AE heading: amended, on , by section 31(1) of the Crown Minerals Amendment Act 2025 (2025 No 40).
- Section 41AE(1): amended, on , by section 31(2) of the Crown Minerals Amendment Act 2025 (2025 No 40).
- Section 41AE(1)(a): amended, on , by section 31(3) of the Crown Minerals Amendment Act 2025 (2025 No 40).
- Section 41AE(1)(a)(ii): amended, on , by section 12(1) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
- Section 41AE(1)(a)(iii): amended, on , by section 12(1) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).
- Section 41AE(1)(a)(iv): inserted, on , by section 15 of the Crown Minerals Amendment Act 2023 (2023 No 53).
- Section 41AE(1)(aa): inserted, on , by section 31(4) of the Crown Minerals Amendment Act 2025 (2025 No 40).
- Section 41AE(1)(b): amended, on , by section 31(5) of the Crown Minerals Amendment Act 2025 (2025 No 40).
- Section 41AE(1)(b): amended, on , by section 12(2) of the Crown Minerals (Decommissioning and Other Matters) Amendment Act 2021 (2021 No 53).


