Converting term western lands leases to perpetual western lands leases at Lightning Ridge

Overview

The Department is now converting existing term leases to perpetual western lands leases (perpetual WLLs), ensuring leaseholders can continue their use of the land without an expiry date. 

The conversion process will begin 2 years before their current lease expires. Leaseholders will be contacted to initiate the application process.

To convert your lease, you will need to submit an application. Each application will be assessed based on Converting term western lands leases to perpetual western lands leases at Lightning Ridge - Policy (PDF, 153 KB). Once approved, perpetual WLLs will require annual rent payments.

If a leaseholder chooses not to accept the perpetual WLL invitation, the lease will expire and the individual will no longer be authorised to occupy the land. Expired leases will not be offered to others as perpetual WLLs.

Eligibility requirements

To qualify for a perpetual WLL, your current lease must meet the policy’s requirements, including the purpose of the lease, management of debt, and access considerations. To help your application and ensure eligibility, you should:

• Provide any additional information requested by the Department about outstanding debts, compliance issues, or items (such as infrastructure or materials) that may be outside your lease boundary.
• Ensure your rent payments are up to date, and no amounts are outstanding.
• Confirm your personal belongings (e.g., vehicles, equipment, materials) are within the lease boundary.
• Ensure you are listed as the registered leaseholder on the Certificate of Title.

The Department will assess applications in order of lease expiry and will not process any application more than 2 years before the lease’s expiry date.

Key steps in the application process

Leaseholders will receive an invitation to convert their lease, outlining the steps required:

1. Complete and sign the application form.
2. Sign the terms and conditions.
3. Provide identification.
4. Submit the application to the Department by email or mail.  

After submission, the Department will issue an invoice for the application fee. 

Additional costs may include fees for registering lease dealings with NSW Land Registry Services and addressing any compliance or contamination issues.

No formal inspections are required as part of the conversion process.

Community engagement

The Department will maintain open communication with leaseholders throughout the process. Additionally, the Department will engage with Walgett Shire Council, NSW Resources, the Lightning Ridge Area Opal Reserve Manager, and the broader community to ensure a smooth transition.

Selling or transferring leases

Leaseholders can still sell or transfer their current term lease on the open market before its expiry date, subject to the Minister’s Consent to Transfer process. Please note that perpetual WLLs can only be offered by the registered leaseholder listed on the Certificate of Title. 

Key points to consider

• A perpetual WLL will begin on the date it is approved by the Department, on or before the expiry of the current term lease.
• Rent amounts are set by the Crown Land Management Act 2016 and cannot be negotiated. Alternative payment options may be available for leaseholders facing financial hardship.
• Adjoining leases may be consolidated through a separate application process.  
• Perpetual WLLs do not have an expiry date and offer ongoing security for leaseholders.

Mining and sub-leasing

Leaseholders with a perpetual WLL can continue mining activities if they hold a valid mineral claim over the land. For inquiries related to mining, contact NSW Resources. Sub-leasing is also permitted, but leaseholders remain responsible for their sub-lessees.