Understanding the Difference Between Mineral Moratoriums and S7 Exemptions: What Resources Victoria Really Means

Recently, a Resources Victoria article has sparked a great deal of confusion within the prospecting community. The article highlights temporary pauses on minerals activity and reassures prospectors that these pauses do not impact recreational fossicking under a miner’s right. However, some have misinterpreted this to mean that Section 7 (S7) exempt land—land where prospecting, mining, and exploration are legally prohibited—no longer applies. This misinterpretation has led to a flurry of debate, but a closer look at the facts shows that the article is clearly referring to mineral moratoriums and not S7 restrictions.

To understand the distinction, it is important to know what both terms mean and how they impact prospecting. Mineral moratoriums and S7 exemptions are two very different types of restrictions with very different consequences.

Mineral moratoriums are temporary restrictions imposed by the government on mining and exploration activities. These pauses are typically implemented for specific reasons, such as environmental reviews, land-use planning, or cultural heritage assessments. They affect commercial operations, such as companies holding mining or exploration licences, but do not prohibit recreational prospectors with a miner’s right.

Mineral moratoriums are not permanent and are limited in scope and duration.

They can be viewed publicly in tools like GeoVic under the “Current Mineral Moratoriums” layer. Which you can access by following this: 

Add Layers > Tenements > Minerals > Current > Current Mineral Moratoriums.

By contrast, Section 7 exemptions are a completely different legal restriction. S7 exemptions fall under the Mineral Resources (Sustainable Development) Act 1990 (MRSDA) and represent indefinite prohibitions on prospecting, mining, and exploration.

When Crown land is declared exempt under Section 7, all activities related to searching for or extracting minerals are legally forbidden, regardless of whether you hold a miner’s right. These restrictions are indefinite and remain in place unless formally revoked through legislative processes. In practice, S7 land should always be treated as permanently off-limits to prospectors. Unlike mineral moratoriums, S7 restrictions are found in a completely different folder on GeoVic under the “Land Status and Boundaries” layer. You can access this by following this:

Add Layers > Land Status and Boundaries > Industry Related Land > Minerals > Unavailable S7 Exempt Areas.

The Resources Victoria article specifically refers to “temporary pauses on minerals activity in small sections of the state” and states that these pauses “don’t impact recreational prospecting.” This language makes it abundantly clear that the focus is on mineral moratoriums and not S7 restrictions. The key word here is “temporary.” By definition, S7 exemptions are not temporary; they are indefinite and carry a long-term legal prohibition. If the article were referring to S7, it could not truthfully state that these pauses “don’t impact recreational prospecting,” because S7 land remains legally off-limits to all forms of mining, exploration, and fossicking, including for holders of a miner’s right.

The article’s wording further reinforces that the issue lies with short-term, site-specific restrictions that affect mining and exploration operations but leave recreational prospecting unaffected.

Statements such as, “Victorians can continue to search for gold and other minerals across most of the state’s 3.1 million hectares of state forest” highlight that there is still ample Crown land legally accessible to hobby prospectors. If S7 exemptions were being referenced, this statement would be misleading, as S7 land is excluded from prospecting regardless of its location or general accessibility.

The confusion arises because some groups have conflated these two very different types of restrictions, either due to misunderstanding or to push a particular narrative. By misinterpreting the Resources Victoria article as referencing S7 land, they create the impression that S7 exemptions no longer apply or that the government has softened its stance on S7 areas. This is incorrect. S7 land remains permanently off-limits under Victorian law, and no amount of temporary pauses or positive language about prospecting can change that.

The distinction between mineral moratoriums and S7 exemptions matters because it directly affects where prospectors can and cannot legally operate. While mineral moratoriums may occasionally limit commercial mining and exploration, they do not prevent recreational prospecting under a miner’s right.

S7 exemptions, on the other hand, represent absolute restrictions that override general permissions for state forests or Crown land. Failing to recognize this difference risks misleading well-meaning hobbyists into breaching the law, which could result in significant consequences.

To clear up the confusion, prospectors need to use the tools available to them. GeoVic, Victoria’s public mapping tool, is essential for verifying land access.

By enabling the “Current Mineral Moratoriums” layer, users can identify areas temporarily restricted for commercial activity. Separately, the “Land Status and Boundaries” folder highlights S7-exempt areas that are indefinitely off-limits.

These two layers are distinct and provide a clear picture of where prospecting is allowed.

Ultimately, the Resources Victoria article’s message is a positive one: there is still plenty of land available for recreational prospecting in Victoria. However, it does not negate or override the legal restrictions of S7-exempt land.

The government’s focus on mineral moratoriums simply reassures hobbyists that short-term commercial restrictions do not affect their ability to fossick responsibly within legal boundaries.

The bottom line is this: the article refers specifically to temporary mineral moratoriums and not to indefinite S7 exemptions.

By understanding the difference and using tools like GeoVic to verify land status, prospectors can ensure they are staying compliant with the law while enjoying Victoria’s incredible goldfields.

Don’t let misinformation or incomplete narratives lead you astray. Know the facts, check the rules, and prospect responsibly.

Here is the youtube video on the OzGeology channel that discusses this: