Understanding Miners Rights: Restrictions and Permissions in Victoria

Are you planning to explore for minerals in Victoria? A Miners right grants you the ability to search for minerals on certain types of land, but it comes with important restrictions and obligations. Before you begin, ensure you understand your rights and responsibilities to avoid penalties.

 

What is a Miner’s Right?

A miner's right is a legal document that allows the holder to search for minerals on specified land in Victoria. It’s an essential permit for anyone wanting to prospect responsibly and legally.

 

Where Can You Search for Minerals?

Under Section 55 on page 157 of the Mineral Resources (Sustainable Development) Act 1990, holders of a miner's right may explore for minerals in the following areas:

Private Land: Exploration is allowed only if you have the explicit consent of the landowner or occupier.

Crown Land: You may search for minerals on Crown land unless it is:

Exempt under Sections 6, 6A, or 7 of the Mineral Resources (Sustainable Development) Act 1990.

Nominated under Section 7(1) of the Crown Land (Reserves) Act 1978.

If the land is covered by a mining licence, prospecting licence, or retention licence, you must also obtain consent from the licensee in addition to any required landowner consent.

 

Key Permissions Under a Miner’s Right

Mineral Discovery and Removal: If you have valid access to the land, you are entitled to remove minerals you discover.

Duration: A miner’s right is valid for up to 10 years, as specified on the permit.

 

Restrictions on Miner’s Rights

To ensure sustainable development and the protection of cultural and environmental heritage, holders of a miner’s right must adhere to the following restrictions:

 

Prohibited Equipment:

Only non-mechanical hand tools may be used for excavation.

The use of explosives is strictly prohibited.

 

Environmental Protections:

You must not remove or damage any trees or shrubs on the land.

 

Cultural Heritage Protections:

Activities must not disturb Aboriginal cultural heritage, as defined by the Aboriginal Heritage Act 2006.

 

Obligations for Miner's Right Holders

Repair Any Damage: You must repair any damage to the land caused by your prospecting activities. Failure to do so may result in penalties of up to 50 penalty units.

Provide Proof on Request: You are required to produce your miner’s right for inspection if requested by an inspector or an authorised representative.

 

Consent Rules and Conditions

Landowner/Licensee Consent: All permissions granted by landowners or licensees may include specific conditions. These consents can be withdrawn at any time.

Adhering to Conditions: Always ensure you comply with any conditions set as part of the consent to avoid penalties or disputes.

 

Penalties for Non-Compliance

Failing to comply with the restrictions or obligations outlined above can result in significant penalties:

100 Penalty Units: For prohibited actions such as using explosives, damaging trees or shrubs, or disturbing cultural heritage. Estimated cost as of December 2024: $19,759.00 AUD

50 Penalty Units: For failing to repair land damage caused during exploration. Estimated cost as of December 2024: $9,879.50 AUD

 

How to Apply for a Miner’s Right:

You can apply for a Miners Right here.

Applications must comply with the regulations and are typically valid for up to 10 years.

 

Why Are These Restrictions Important?

The restrictions and obligations associated with miner’s rights are designed to ensure sustainable development, protect the environment, and preserve cultural heritage. By following these rules, prospectors help safeguard Victoria’s natural and cultural resources for future generations.

 

Learn More About Miner's Rights

To learn more about miner’s rights or to apply for one, consult the Victorian Department of Energy, Environment, and Climate Action (DEECA) or refer to the full Mineral Resources (Sustainable Development) Act 1990.