Do I Need A Tenement Consultant?

Are you working in the Australian mining and resources sector and wondering if you need a tenement consultant? Read on for an overview of reasons why you should consider a tenement consultant to manage your tenement application and compliance processes.

1. To navigate the complexity of the application process

There are complex costs and benefits to proceeding with any proposed mining project. The benefits may relate to employment within a local area, the growth of Australian industry, and supporting the Australian economy. The risks may include environmental impacts, community impacts, landholder disagreements, health and safety risks, and other various factors.

This places exploration and mining regulators in an important position as they balance the benefits against the risks according to relevant acts and regulations. As an exploration or mining company part of your role is to investigate this risk, demonstrate a genuine intent to manage it, and to outline solid and concrete plans for reducing it over the projected project life span and beyond, to decommissioning and rehabilitation.

Even a seemingly straightforward mining application can be fraught with unforeseen complications, so it is beneficial to work with a tenement consultant or tenement management company that can assist you to effectively articulate your intent and plans to regulators.

2. To assist with your business plans for growth

If you have intentions to grow, then there is a convincing business case to engage a tenement consultant or tenement management company in the Australian resources and mining sector. Of course, as you grow, you will be applying for a greater number of tenements. To secure this growth and maximise this opportunity, it is beneficial to ensure it is handled by experienced and capable professionals, such as the team here at Hetherington.

Undue risk can pose an obstacle to success, and growth can quickly overwhelm the capacities of internal teams. This can place a mining and resources company in a position where it must decide between onboarding new staff or contracting the services of a tenement management company. The services of a tenement consultant can be ad hoc and project-based, reducing costs to the essentials, and require no time-consuming period of familiarisation. Hence, a tenement consultant is often preferable, and in fact, a majority of expanding exploration and mining companies adhere to this business model.

3. To safeguard compliance on current tenements

A tenement is a right but is perhaps best thought of as a privilege that is granted with a wide range of conditions attached to it. Even with the best of intent, an exploration and mining company may make two sorts of mistakes: a mistake on the ground whereby they fail to follow through on commitments, or a mistake on paper, whereby they fail to report on something or do so in a way that does not properly demonstrate compliance.

The regulators within the Australian mining sector have a large body of work cut out for them and follow strict processes and procedures to ensure that the mining sector is well-regulated. It is highly important to engage with them properly, and by the book, to enhance the likelihood of success, and to avoid situations where you have to appeal decisions or re-apply, which can be costly and hinder the achievement of your company’s vision.

A tenement manager can assist with a wide range of services that can help to maintain your compliance. This includes establishing and maintaining systems that support compliance according to your commitments and relevant acts and regulations applicable within a given jurisdiction; bringing their current and up to date knowledge of mining regulation to bear on your unique situation; being a point of contact for administrative matters pertaining to your compliance; and a wide range of other services including with mine work health and safety and your program of work, and as environmental consultants and mining lawyers.

4. To provide certainty for complex tasks associated with tenure

Tenure is associated with a range of complex tasks. These tasks include but are not limited to: tenement management and acquisition; administration of tenement interests; management of ancillary approvals and permits; ground monitoring services in the Australian mining and resources sector; lodgement of applications for grant and renewal; preparation of exploration programs; coordination of complex joint venture agreements; strategic advice on tenement acquisitions and associated sale agreements; preparation of submissions to Government departments; cancellations of title; transfer of title; preparation of and lodgement of statutory reports; negotiation of access and compensation with Indigenous custodians and private and government landholders; tenement auditing and VALMIN Code compliant reporting.

The prospect of having this knowledge in-house is simply unrealistic for many, who instead rely on a professional tenement consultant such as Hetherington to support the acquisition of tenements and adherence to compliance requirements. For more information on our tenement services, browse our website or contact our team.