An application for an Exploration Licence can only be made in response to a call for tenders for an Exploration Licence of the relevant category.

As of 27 May 2024, the entire State of South Australia has been declared a Competitive Tender Region Region.

More than one Exploration Licence or Production Licence can be granted over the same area provided the rights to explore for a particular regulated resource for each licence differs.

An application for a licence can be made by an individual or a company or a combination of individuals or companies.  Where a foreign company makes application for, and is granted a licence under the Energy Resources Act 2000, such company may be subject to the requirements of the Corporations Act 2001.