Before you invest in an Australian mining, production or exploration tenement, you may need to apply for foreign investment approval.
After you have invested, you need to register your interest on the Register of Foreign Ownership of Australian Assets (the Register) using Online services for foreign investors and also comply with your foreign investment obligations.
Registering an asset is free.
You can find the definitions of 'mining or production tenement', 'exploration tenement' and 'foreign person' at Foreign investment terms and definitions.
For further guidance, refer to the Foreign InvestmentExternal Link website.
Who must register
If you are a foreign person and have invested in Australian mining, production or exploration tenements from 1 July 2023, you or your authorised representative must register the asset, unless an exemption applies.
Generally, the foreign person with the direct legal interest is required to register the asset with the ATO.
Registration of mining or production tenements is required regardless of value.
When to register
A foreign person or their representative must register their interest in an Australian mining, production or exploration tenement acquired on or after 1 July 2023 within 30 days of either:
- Acquiring the interest in the mining, production or exploration tenement
- Becoming a foreign person while holding an interest in a mining, production or exploration tenement
Exemptions may apply.
To register, log in to Online services for foreign investors and select Register asset.
For more information, see Register or manage an asset.Online services for foreign investors
You'll need to update your details in Online services for foreign investors if:
- you are no longer a foreign person
- you no longer hold the mining, production or exploration tenement
- the type of tenement changes (for example, from exploration to production) or reverts to other type of land
- details of the registration change, such as change in land area.
- personal details change, update your profile – see Manage your details
- asset details change, update the asset using Add or Edit an event – see Register or manage an asset.
If you do not comply with your obligations to give a register notice or keep your details up to date, you may face an infringement notice or civil penalties.
If you have information about someone you think may be deliberately breaking our foreign investment rules, you can confidentially report a breach to us.
We use our compliance approach to ensure foreign investors comply with their obligations.
If you are having difficulties meeting your obligations, contact us.
The Registrar reports to the Treasurer about the operation of the Register. They publish aggregate statistics of foreign ownership.
The reported statistics may include:
- number of tenements held and disposed of during a financial year
- land size held by foreign investors
- mining sector
- land size by country of ownership.
Only aggregated statistics are included in the report. Privacy restrictions prevent publishing information which may identify an individual or entity.
You can view the latest report on the Foreign InvestmentExternal Link website.Register your interest or investment if you are investing in Australian mining, production or exploration tenements.