Unlocking opportunity: Northern Territory backs its resources and energy future

The Mineral Titles Legislation Amendment Act 2026 commenced on 5 June 2026 and amended the Mineral Titles Act 2010, the Mineral Titles Regulations 2011, the Environment Protection Act 2019 and the Environment Protection Regulations 2020.

The headlines:

• Smaller, longer-lived exploration licences: The minimum exploration licence size drops from four blocks to one, while the initial renewal period increases from two to six years. Explorers get more flexibility to shape and manage long-term work programs.
• Less pressure to reduce early: Mandatory title reductions are pushed back to the first renewal, rather than being required every two operational years during the initial term.
• Earlier action on rehabilitation: Government can now access environmental protection bonds or mining security based on anticipated remediation costs, rather than waiting for costs to be incurred. This gives Government greater scope to intervene early where sites are abandoned or rehabilitation obligations are not being met.
• One consistent fit-and-proper test: The ‘fit and proper person’ test now applies to the grant, renewal and transfer of mineral titles, ensuring changes in ownership face the same scrutiny as new applications.
• Simpler reporting and renewals: Renewal applications must be lodged at least one month before expiry and include the relevant annual rent, reducing the risk of inadvertent title lapses. Annual, expenditure and resource reporting is consolidated, with group reporting available for operators managing multiple tenements.
• More flexibility for extractive leases: Extractive mineral leases can now cover ancillary activities such as transporting, processing and storing material from other titles, concrete recycling, care and maintenance, and tourist fossicking. Clay is also now classified as an extractive mineral.
• A pathway for legacy tenure: A new ‘general lease’ category allows older tenure arrangements to transition into the modern legislative framework where no existing title category is suitable.
• Stronger governance and insolvency rules: Titleholders must notify the Minister of key changes in legal status, including bankruptcy, administration, liquidation, external control or death. Outstanding applications by bankrupt individuals or deregistered companies will be automatically refused.
• New pathways for small operators: New small-scale mining, tourist fossicking and general fossicking leases, plus a new fossicking permit, create simpler, lower-cost options for smaller operators and tourism activities.

The Pipelines and Petroleum Legislation Amendment (Industry Development) Act 2026 amends the Energy Pipelines Act 1981, the Petroleum Act 1984, the Petroleum (Submerged Lands) Act 1981. The Amendment Act will commence on a date to be announced, and no later than 6 March 2028.

The headlines:

• Opening the door to hydrogen and CCS: The pipeline licensing framework is expanded to allow the transport of hydrogen, carbon dioxide and other ‘regulated substances’, providing a clear regulatory pathway for emerging energy infrastructure supporting hydrogen production and CCS.
• More flexibility for CCS projects:Carbon dioxide can be transported from Territory projects to offshore Commonwealth storage sites, giving proponents greater flexibility as CCS projects develop without requiring a separate storage solution in the Territory.
• More flexible Beetaloo tenure: Retention licences can span adjoining exploration permits and be divided or amalgamated, better reflecting the continuous nature of shale gas reservoirs and giving proponents greater flexibility as projects move from exploration to development.
• Making better use of infrastructure: With Ministerial approval, petroleum recovered under one title can now be processed, stored or transported using infrastructure on another title. This reduces unnecessary infrastructure duplication and supports more efficient project development.
• One consistent fit-and-proper test: The ‘fit and proper person’ test now applies across the petroleum and pipeline regimes. The Minister must consider an applicant’s suitability before granting or renewing permits and licences, aligning these regimes with the approach already used for mineral titles and environmental approvals.
• Stronger compliance and enforcement:The Energy Pipelines Act 1981 (to be renamed the Pipelines Act 1981) gains a comprehensive compliance framework, including expanded inspection powers, stop-work notices, compliance directions, modern investigation powers and stronger penalties.
• Clearer pipeline management: Pipeline operators must prepare management plans showing how assets will be designed, operated, maintained and ultimately decommissioned in line with recognised industry practice.
• More time to prosecute breaches: The prosecution limitation period under the Energy Pipelines Act 1981 increases from 6 months to 3 years. Proceedings can be commenced within 3 years of an alleged offence, or within 3 years of the chief executive becoming aware of evidence of the offence, giving regulators more time to investigate potential breaches.
• Clearer review and transition arrangements: A new schedule identifies decisions that can be reviewed on their merits by the Northern Territory Civil and Administrative Tribunal (NTCAT), giving licence and permit holders a clear avenue to challenge specified decisions. Transitional provisions also preserve the previous framework for applications lodged but not determined before commencement, providing certainty as the new regime takes effect.

The Petroleum Legislation Amendment Regulations 2026 commenced on 30 July 2026 and amended the Petroleum (Environment) Regulations 2016.

The headlines:

• A new Code of Practice and clear transition: EMPs and supplementary management plans must now be prepared, revised and implemented in accordance with the new Code of Practice: Environment. EMPs already approved or under assessment when the new Regulations commence can continue under the existing regime, while for 12 months petroleum interest holders can choose whether new EMPs are assessed under the old or new framework. From 30 July 2027, all new EMPs must comply with the amended Regulations and new Code. 
• A 90-day approval clock: The Minister must decide whether to approve or refuse an EMP within 90 days once the relevant assessment requirements have been met. Applications that remain undecided after 12 months will lapse, while approval and refusal decisions must now provide more detailed reasons.
• More flexibility to amend approved plans: The Minister can now vary the conditions of an approved EMP where appropriate. Interest holders retain access to merits review through NTCAT, as well as judicial review.
• Simpler EMP consolidation: Two or more current EMPs can be combined into a single plan without a new approval process, provided the amalgamation does not increase environmental impacts or risks.
• Stronger incident reporting: Petroleum interest holders must submit a mandatory interim report, including root cause analysis, within 60 days of a reportable incident.