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    4. Resource authorities

    Transfer duty on resource authorities

    Transfer (stamp) duty is charged on transactions involving resource authorities.

    Resource authorities
    Resource authority

    Includes any of the following:

    • a geothermal tenure under the Geothermal Energy Act 2010
    • a greenhouse gas (GHG) authority under the Greenhouse Gas Storage Act 2009
    • a mining tenement under the Mineral Resources Act 1989
    • the following petroleum authorities under the Petroleum and Gas (Production and Safety) Act 2004
      • an authority to prospect a petroleum lease
      • a data acquisition authority
      • a water monitoring authority
      • a pipeline licence
      • a petroleum facility licence
    • an authority to prospect or lease under the Petroleum Act 1923
    • a sublease under the following
      • a geothermal coordination arrangement under the Geothermal Energy Act
      • a GHG coordination arrangement under the Greenhouse Gas Storage Act
      • a coordination arrangement under the Petroleum and Gas (Production and Safety) Act.

    Read about transfer duty on resource authorities.

      include:
    • authorities to prospect
    • exploration permits, prospecting permits, mining claims, mineral development licences and mining leases
    • geothermal exploration permits
    • greenhouse gas (GHG) exploration permits.

    Land in Queensland is dutiable property, which includes resource authorities. An agreement to transfer a resource authority or a transfer of a resource authority are dutiable transactions to which transfer duty applies.

    Transfer duty is calculated on the dutiable value of the resource authority, which is the higher of the consideration
    Consideration

    Transfer duty

    Generally, the Australian dollar value paid for property in property transfers.

    Consideration includes monetary and non-monetary payments, such as assumption of liabilities.

    See section 12 of the Duties Act 2001 for a full definition.

      for the resource authority (purchase price) or the unencumbered value.
    Unencumbered value

    Transfer duty

    The value of the property being transferred disregarding any encumbrance; for example, money owed under a mortgage.

    See section 14 of the Duties Act 2001 for a full definition.

     Duty must be paid to us before the resource authority transaction is lodged with the Department of Resources.

    Lodging a resource authority transaction

    To lodge an agreement or application to transfer a resource authority, we require the following:

    • a dutiable transaction statement (Form D2.2)
    • the agreement or, if there is no agreement, the Department of Resources application to transfer (e.g. Form MMOL–05, Form MM0L–05A)
    • a transfer duty statement (Form D2.3) if you do not have an application to transfer document or agreement
    • the consideration for the transaction
    • independent evidence of value of the resource authority (e.g. a valuation prepared by a registered valuer or person the Commissioner of State Revenue is satisfied is properly qualified) when
      • the consideration is nominal or nil
      • the parties are related
      • the consideration cannot be determined at the time the agreement is made
      • the unencumbered value is higher than the consideration.

    The parties to an agreement to transfer a resource authority must submit their documents to QRO for assessment of duty within 30 days after the agreement is made. If the agreement is conditional, you may request an extension of time to lodge—read the public ruling on extending time to lodge an agreement (DA019.1) for more information.

    Where there is no agreement, the application to transfer must be lodged with QRO within 30 days after being executed.

    To find out how much you will pay, apply the transfer duty rates to the dutiable value of the resource authority or use the transfer duty estimator.

    After transfer duty has been paid, you should lodge your agreement or application to transfer with the Department of Resources as soon as possible.

    Also consider…

    Last updated: 27 September 2024