What to Do When S7 Restrictions and Crown Land Permissions Overlap

One of the most confusing situations for prospectors arises when Section 7 (S7) restrictions overlap with Crown land that is otherwise listed as available for recreational prospecting, most notably when this overlaps with exceptions applied to Unavailable Crown Land Areas that permits prospecting. While Unrestricted Crown land is typically open for fossicking with a miner’s right, S7 restrictions add a legal barrier that overrides other permissions. These overlapping designations can create uncertainty, and it’s critical for prospectors to understand which rules take precedence and how to navigate conflicting information.

A prime example of this issue occurs in Bendigo. Historically, much of the Crown land in Bendigo and its surrounding areas has been considered open for recreational prospecting, as indicated on maps and resources. Parks Victoria’s maps, for instance, include areas marked as “available for prospecting.” However, this data has its limitations. The Bendigo Parks Victoria map was uploaded in 2014, and while it may have been accurate at the time, it has not been updated to reflect more recent legal changes.

Complicating matters further is the disclaimer included on the map itself, which explicitly states that Parks Victoria “does not guarantee that this data is without flaw of any kind and therefore disclaims all liability which may arise from you relying on this information.” In short, while these maps can be helpful tools, they cannot be treated as definitive or legally binding.

The situation changed significantly in 2024 when S7 restrictions were imposed on certain Crown land within Bendigo. S7 restrictions, as declared under the Mineral Resources (Sustainable Development) Act 1990, permanently prohibit prospecting, mining, and exploration in designated areas.

 

The Legal Nature of Section 7

Section 7 of the MRSDA explicitly empowers the government to declare certain areas of Crown land exempt from mining, exploration, and prospecting activities. The language of Section 7 leaves no ambiguity, once land is declared exempt under S7, it is legally off-limits to any activity covered under the Act, including recreational prospecting by miner’s right holders.

An exemption under S7 operates as a specific prohibition, and prohibitions in law take precedence over general permissions. For example, Crown land may allow prospecting under a miner's right, but if a specific S7 restriction is applied to part of that land, the restriction override the general allowance.

But what we are looking at with Bendigo is a far more nuanced situation. Because it is land that falls under Section 6, as Unavailable Crown Land, that has exceptions specifically applied to prospecting.

Let's delve into this deeper.

 

Section 6 of the MRSDA

Section 6 of the Mineral Resources (Sustainable Development) Act 1990 declares that certain types of Crown land, such as national parks, are exempt from mining, exploration, and prospecting. However, Section 6 allows for specific exceptions to be applied, typically enabling some recreational activities like fossicking or prospecting with a miner’s right. This is why much of Bendigo National Park is listed as “available” for recreational prospecting on the Parks Victoria map.

 

The Impact of S7 Restrictions

Section 7 (S7) works differently. It creates a specific and additional restriction that permanently prohibits mining, exploration, and prospecting in designated areas of Crown land. The key distinction here is that S7 most likely overrides any previously applied exceptions, even if those exceptions were granted under Section 6. When an S7 exemption is applied to specific land, it explicitly removes that land from availability, regardless of what was previously allowed.

In the case of Bendigo National Park, the following most likely applies unless otherwise directly stated:

The general rule under Section 6 allows prospecting in parts of the park based on exceptions granted. This is why the Parks Victoria map lists much of the park as open for fossicking.

However, if an S7 restriction has now been imposed on specific areas within Bendigo National Park, those areas are explicitly off-limits. S7 restrictions most likely take precedence because they are legally binding and override prior allowances made under Section 6. Please note that an overlap occurs in only a small section of the land declared as open to prospect in. 

 

Impact on Prospectors

The overlap can be incredibly frustrating for prospectors, especially those relying on older maps or resources that do not reflect the most up-to-date legal status of the land. For example, a prospector might refer to a map, see an area marked as available for fossicking, and head out under the assumption that they are acting within the law. If that same area has since been designated as S7-exempt, however, the prospector would likely be unknowingly breaching the law, regardless of what the map says. This demonstrates why it is crucial to cross-check multiple sources of information, rather than relying solely on older data or unofficial tools.

GeoVic, Victoria’s official mapping tool, is the most reliable resource for confirming land access in situations like these. The “Land Status and Boundaries” layer specifically highlights areas subject to S7 exemptions. By enabling this layer, prospectors can identify which areas are permanently restricted and ensure they are not mistakenly fossicking on S7 land.

Even if a piece of Crown land is shown as “available” on other maps or tools, GeoVic will likely reflect the overriding legal restrictions imposed by S7. This is the clearest and most up-to-date way to determine whether an area is legally accessible.

For prospectors navigating areas with overlaps like those in Bendigo, the safest course of action is to always treat S7 restrictions as final. If there is any doubt about a particular location, such as inconsistencies between maps or conflicting resources, it is better to err on the side of caution and assume the area is restricted until proven otherwise. Contacting Parks Victoria, either on their website directly or by emailing them at info@parks.vic.gov.au, Earth Resources Victoria, or local land managers can provide additional clarity and help confirm the legal status of the land in question.

The Bendigo example serves as a reminder that maps, even those produced by official agencies, can become outdated over time. While these tools are valuable for planning, they must be used alongside real-time resources like GeoVic to avoid unintended breaches of the law. As frustrating as it may be, S7 restrictions hold legal weight and override other access permissions, including those that have existed for decades.

By staying informed, double-checking information, and using reliable tools like GeoVic, prospectors can ensure they are fossicking responsibly and within the law. While the overlaps may be confusing, understanding that S7 likely takes precedence allows prospectors to navigate the rules confidently and avoid unnecessary trouble.

Here is a picture of the S7 layer (blue) crossing over land listed as open to prospect in (dark green).