Foreign investors are generally required to notify the Treasurer before acquiring an interest in a tenement or the underlying land used to carry on a mining operation.

Under the foreign investment framework, a mining or production tenement is a type of Australian land for which acquisitions of interests generally require a submission to the Treasurer regardless of the value of the tenement. A higher monetary threshold applies for private investors from certain free trade agreement partners. However, the acquisition of an interest in a mining or production tenement that is national security land has a $0 threshold for all foreign investors.

For foreign government investors, the acquisition of an interest of at least 10 per cent in the securities of a mining, production or exploration entity is a notifiable and significant action, regardless of value. For private investors, acquiring securities in a mining, production or exploration entity may be a notifiable and/or significant action.

Within this guidance note you will find further information on mining and the topics below:

• When does an investment in mining require a submission to the Treasurer?
• Mining or production tenement
• Exploration tenements
• Mining, production or exploration entity
• Other foreign investment in mining