Comprehensive Guide to Land Access Rules for Prospecting

When prospecting or fossicking, it is essential to respect, cooperate, and remain sensitive to the needs and rights of other people with an interest in the land. Familiarizing yourself with land access rules ensures that your activities are lawful and considerate of environmental and cultural values.

This guide summarizes land access rules and details your responsibilities based on the type of land you wish to access:

 

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Land Access Rules Without Consent

 

Crown Land (Non-Prohibited)

Rules:

Recreational prospecting is permitted on Crown land unless it is classified as prohibited Crown land or requires specific consent.

Consent from the Crown land manager is not required, but it is advisable to confirm with the land manager if you are unsure.

 

Designated Areas in Certain Parks (National Parks Act 1975)

Rules:

Prospecting is allowed in specific designated areas within certain parks. Consent is not required for these designated areas.

Here is a link to the Parks where Prospecting is allowed in areas that normally fall under Section 6 bans to prospecting. It will explain why it is banned, why there are exceptions, and it will also provide you maps to see where you are allowed to prospect in these State and National Parks.

 

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Land Access Rules Requiring Consent

 

Private Land

Rules:

Written or verbal consent must be obtained from the landowner or occupier before accessing private land for prospecting activities.

 

Licensed Areas (Mining, Prospecting, or Retention Licences)

Rules:

Consent is required from the licence holder in addition to other necessary permissions, such as from landowners.

These licensed areas can be identified using tools like Resources Licences Near Me.

Note: Exploration licence areas generally do not require consent unless located on prohibited Crown land.

 

Commonwealth Land

Rules:

Always verify with the relevant Commonwealth land manager for access rules and obtain appropriate permissions.

 

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Land Where Prospecting Is Prohibited

 

Prohibited Crown Land

 

Definition:

Prohibited Crown land includes:

Parks under the National Parks Act 1975 (e.g., national, wilderness, State, or marine parks), except for designated areas where prospecting is permitted.

Declared areas for ongoing protection under the Aboriginal Heritage Act 2006.

Reference areas under the Reference Areas Act 1978.

Deep Lead Nature Conservation Reserve (No. 2) under the Crown Land (Reserves) Act 1978.

Areas exempted by the Minister for Energy, Resources, Environment, Climate Change, or Water.

Any area exempted under the Mineral Resources (Sustainable Development) Act 1990 or other applicable laws.

Land classified as S7.

 

Exempted Rivers, Streams, and Creeks

Rules:

Recreational prospecting is strictly banned in these waterways. Detailed lists of exempted areas are available for review to ensure compliance here.

 

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Important Notes on Consents

Conditions on Consents:

Consents may include specific conditions you must follow and can be withdrawn at any time by the person or authority who granted them.

Exceptions:

There may be exceptions to these rules based on local circumstances or management decisions. Crown land managers can provide clarification on exceptions.

Uncertainty:

If you are unsure about the rules or your rights to prospect in a specific area, always seek advice from relevant authorities or land managers.

 

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Guidance for Prohibited Crown Land

Prohibited Crown land encompasses areas where recreational prospecting is entirely banned. This includes:

National parks, marine parks, and other reserves under the National Parks Act 1975.

Areas of cultural significance protected under the Aboriginal Heritage Act 2006.

Areas with ongoing protection or reference under applicable conservation acts.

Land that falls under the S7 classification.

 

Important: Seek advice from Crown land managers or consult local regulations for clarity. Being informed not only helps protect these areas but ensures your activities remain compliant with the law.

For more details, refer to resources like the Mining Register, Resources Licences Near Me, or relevant government departments.