Explainer
Forfeiture, annulment, waiver: what extinguishes a mining right?
Not every “active” tenement is safe. Understand the ways a right can be extinguished and what each one means for the holder.
Active titleBreachWarning and fineProceedings with a defense (if it persists)ForfeitureArea availableAnnual exploration fee unpaid: a fine, then loss of the permit (recorded as forfeiture).
A mining right can be extinguished in very different ways, and the difference changes everything for whoever buys or inherits an asset.
Forfeiture. The loss of the title as a penalty: abandoning the area, failing to start or resume work on time even after a warning and a fine, working beyond what the title allows, or piling up fines. Failing to pay the annual exploration fee also costs the permit after the fine: the law calls this annulment, but the agency’s records show it as forfeiture.
Annulment. The title is undone when it was granted against the law (for example, an area that was not free). When possible, the agency corrects the error instead of annulling.
Waiver and withdrawal. Waiver: the holder gives up the title or part of the area but remains responsible for the obligations taken on (for mining, the title only ends after the mine closure plan). Withdrawal: the applicant withdraws the application before receiving the title.
Availability. Once the title is extinguished, the agency can put the area up for public offering (a notice and, if there is competition, an electronic auction) to new applicants.
In TERRADAR, the Process tab shows the risk of the area becoming available before the loss happens.
See the status of every tenement on the map.