Hetherington Tenements

Knowledge and experience in tenure

Tenements are a crucial yet highly technical and complex aspect of project success. At Hetherington, we build strong and ongoing relationships with our clients, so you can keep returning to us whenever you need to acquire a tenement, alter conditions of a tenure, or seek advice on tenement management.

What we do Our process

Laying the foundations for success

The right on which everything else is built.

As well as being essential to the initial approval of a project, tenements form the foundation on which all operations are carried out.

To secure and maintain your tenure, it's vital that you adhere to faultless management of tenements and meet all compliance standards associated with the conditions of the title. Hetherington will guide you through these complexities.

Due diligence

Informed decisions

Whether it be acquisition of existing mining operations or new exploration projects, our understanding of tenements, tenement obligations and tenement management allows us to identify material issues promptly and efficiently.

Expert advice

Every jurisdiction

Extensive experience navigating the regulatory frameworks across all Australian jurisdictions, and uniquely placed to provide timely, effective and highly valuable strategic and operational advice at every stage of a project.

Our process

Expert tenement management, step by step.

From first conversation to the life of the tenement, this is how we work with you.

Initial consultation

We start by understanding your project, your goals and your challenges: the ground you hold or want to hold, the jurisdictions involved, and the commercial timeline you are working to.

Portfolio review & strategy

We review your existing tenure and obligations, identify risks and opportunities, and design a bespoke strategy covering acquisitions, ground monitoring, renewals, dealings and compliance milestones.

Applications & lodgement

We prepare and lodge legally valid applications for grant, renewal, transfer and other prescribed dealings, along with balanced exploration and work programs that satisfy each jurisdiction's administrative framework.

Compliance management

We manage conditions of title, expenditure and reporting obligations, statutory reports and ancillary approvals and permits, so your tenements remain in good standing throughout their life.

Ongoing advice & support

Land access and compensation, objections, joint ventures and sale agreements, submissions to Government, audits and VALMIN reporting: strategic support whenever the project needs it.

How we help you

Tenement management and acquisition.

Tenements, along with relevant environmental and planning approvals, serve as the foundational right under which all operations are carried out. Put simply, exploration or extraction of minerals cannot occur in any Australian jurisdiction without an authorisation. Hetherington excels in securing and maintaining those authorisations.

Our tenement management services include applications for grant, renewal and transfer of mineral tenements, administration of tenement interests, compliance management and management of ancillary approvals and permits. Security of tenure through stringent management of tenements and compliance with conditions of title is paramount to the overall security of a project.

Monitoring prospective ground and applying for tenure throughout Australia and overseas

Australia is host to numerous highly prospective and sought-after geological provinces. Without an understanding of the underlying regulatory landscape, securing mineral tenements in these areas is often a combination of good timing and luck. Hetherington's ground monitoring services ensure clients are informed of newly vacant land through a detailed understanding of the relevant regulatory processes in different jurisdictions. We have successfully secured entire tenement portfolios for our clients through our dedicated ground monitoring services, with expert advice to navigate the grant process and ongoing support thereafter.

Preparation and lodgement of applications for grant and renewal, and other prescribed dealings

Lodgement of legally valid applications for grant or renewal of tenements is critical to safeguarding the ongoing security of tenure of any exploration or mining operation. Other common dealings, including transfers, registration of interests, exemptions and forfeitures, similarly require diligence and expertise to protect assets.

Preparation of exploration programs

Submission of a geologically sound exploration or work program can be critical to enabling the grant or renewal of a tenement. It is also important that exploration programs are balanced and satisfy relevant administrative requirements, particularly for portfolios spanning multiple jurisdictions and tenure types. Hetherington provides expert advice to ensure programs strike the correct balance between effective exploration and the relevant administrative framework.

Preparation, advice and coordination of joint venture agreements

Joint venture agreements and other commercial arrangements are common in exploration and mining projects. It is critical that agreements clearly set out the roles and responsibilities of the parties within the context of the relevant legislative framework. Hetherington and Hetherington Legal provide tailored advice on any commercial arrangement to ensure the underlying tenements are safeguarded over the term of the agreement.

Strategic advice on tenement acquisitions and associated sale agreements

Hetherington are experts in acquiring tenure and in the early identification of potential impediments to the exercise of rights in target areas. These skills transfer to supporting acquisition processes, where identifying material issues within a tenement holding is critical to the success and value of a transaction. Supplemented by Hetherington Legal and Hetherington Environmental, this advice is increasingly important as conflicting land use, environmental and heritage constraints and land access become more prevalent across all jurisdictions.

Strategic advice on key approvals and security of tenure under mining, environmental and land use laws

Legislation, regulations, guidelines, codes of practice, policies, forms: all jurisdictions have them, with sometimes subtle and sometimes major differences between frameworks. Consideration of the long-term permissibility of a project is increasingly important at the early stages of resources projects. Whether it be conflicting tenures over a specific area of land or the timing of a Mining Lease Application and its implications for existing agreements, Native Title or neighbouring operations, we can help.

Transfer of titles, registration of agreements and encumbrances

Tenements are valuable assets and critical to the success of a project. Any transfer or other dealing impacting a tenement should be approached with diligence to protect the interests of the registered holder and any party claiming an interest. A comprehensive understanding of the administrative processes involved is critical to ensuring dealings are completed validly and without impacting operations.

Negotiation of access and compensation with private, Government and Indigenous landowners

A social licence to operate is an incredibly important component of exploration and mining operations, and an operator is generally not permitted to exercise rights under a tenement without some form of landowner consent or access agreement. Successful negotiation begins before a tenement is granted and should continue for the life of an operation. We assist with all stages, including initial landowner consultation, drafting and negotiating access agreements and, if necessary, representation during mediation and arbitration.

Tenement auditing and due diligence for joint ventures, farm-in agreements and acquisitions

Knowing a tenement has been maintained in good standing is critical when considering whether to purchase an interest in the tenement or wider project. Whether it be acquisition of existing mining operations or new exploration projects, our understanding of tenements and their obligations allows us to identify material issues promptly and efficiently, so you can make informed decisions about your current or future portfolio.

VALMIN Code compliant reports for prospectuses and share market listings

Share market listings can be busy and highly stressful periods, with the listing party focused on corporate and listing requirements. As critical components of any exploration or mining project, tenements represent an important part of any prospectus. Hetherington's qualified consultants are familiar with the relevant Government registers and databases and are well placed to provide time- and cost-effective support in preparing VALMIN Code compliant reports.

Talk to the tenements team

Every one of our consultants specialises in tenure.

Tenement management is what Hetherington was built on, and it runs through the whole team. Whichever office you contact, you will be speaking with someone who works with mineral tenure across Australian jurisdictions every day.

Sydney

City Freeholds House, Level 9, Suite 901
15 Castlereagh Street, Sydney NSW 2000
02 9967 4844
sydney@hemts.com.au

Perth

Allendale Square, Level 20, Suite 2
77 St Georges Terrace, Perth WA 6000
08 9228 9977
perth@hemts.com.au

Talk to Hetherington

Together, we make it happen.

Hetherington is a premier service provider across Australia, where our team of consultants are uniquely qualified and trained to provide a high level of expertise, extensive experience and reliable service that is tailored to your specific needs.

Get in touch

Sydney

City Freeholds House, Level 9, Suite 901
15 Castlereagh Street, Sydney NSW 2000
02 9967 4844
sydney@hemts.com.au

Perth

Allendale Square, Level 20, Suite 2
77 St Georges Terrace, Perth WA 6000
08 9228 9977
perth@hemts.com.au