Miner’s Rights holders can prospect or fossick on:
- Unallocated or vacant Crown land not covered by a granted mining tenement
- Crown land that is the subject of a pastoral lease, or lease for grazing and timber and is not covered by a granted mining tenement, provided written consent is given to by lessee
- Mining tenements, provided you have written permission from the tenement holder
- Granted exploration licences provided you have a Section 40E Permit. These permits provide access to nominated Crown land areas on granted exploration licences, described as graticular blocks. Permits are valid for three months and only allow the use of handheld tools.
Crown land
- Crown land means all land except land that has been reserved or dedicated for a public purpose, land within a townsite, freehold land or land leased for purposes other than a pastoral lease, a grazing lease, a lease for timber purposes, or a lease for the use and benefit of Aboriginal inhabitants.
- Land reserved for mining or commons (land or resources belonging to or affecting the whole of a community) and land reserved or dedicated for public utility is also Crown land and includes pastoral lease land, vacant Crown land and some reserved lands (common, public utility and mining).
Entry onto pastoral leases
Miner's Right holders may pass or re-pass over any of the restricted land referred to above, to gain access to any other Crown land for the purpose of conducting Right activities. Before doing so, Miner's Right holders must take all reasonable and practicable steps to notify pastoralists of intentions. When passing or re-passing, holders must:
- take all necessary steps to prevent fire, damage to trees or other property, and damage to any property or livestock by the presence of dogs, the discharge of firearms, the use of vehicles or otherwise
- cause as little inconvenience as possible and comply with reasonable pastoralist requests when passing and re-passing
- restrict the number of passes or re-passes to the minimum necessary for the purpose of mining on or marking out other land
- make good any damage caused to improvements or livestock.
Areas where prospecting is not allowed
National parks, nature reserves, within town sites or other classified reserves
You cannot prospect on national parks, nature reserves, within town sites or other classified reserves such as cemeteries. A Permit to Enter is required to search for any mineral on private property (farmland). The permit can be issued by the department. Contact with the landowner should be made before entry.
Access to land subject to native title
A Miners Right does not provide a holder with a lawful right to access land subject to exclusive possession native title rights. In circumstances where exclusive possession native title exists, a Miners Right holder must seek the permission of the relevant native title party before entering.
Noting, Pursuant to s104 Mining Act 1978, entry onto land, including native title land, is permitted for the purposes of surveying, marking out or posting notices in connection with an application for a mining tenement.
Other locations prospecting is not allowed
- On land within 400 metres of the outer edge of any water works, race, dam, well or bore
- On land within 100 metres of: land under crop; a yard, stockyard, garden, cultivated field, orchard, vineyard, plantation, airstrip or airfield
- occupied land on which there is a house or other substantial building
- the site of any cemetery or burial ground unless you have the consent of the pastoralist/ landowner.
