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Restricted Crown Land normally doesn't restrict activities to a person holding a miners right. Of course, there are always exceptions to the rule, so if you are worried about prospecting on a certain land that this classification falls under, it's always worth contacting Parks Victoria at info@parks.vic.gov.au or Resources Victoria. In general, restricted crown land is there to protect areas from commercial mining and other commercial activities.

You can find it on Geovic by clicking Add layers > Land Status and Boundaries > Minerals > Industry Related Land > Restricted Crown Land.

The reason I am creating an article on Restricted Crown Land is to clear any and all confusion.

Under the Mineral Resources (Sustainable Development) Act 1990, the following restrictions are listed for those that hold a miners right on page 157.

Part 5 - Other authorities

Division 1—

Section 55 Miner's right

(1) A miner's right entitles the holder to search for minerals on any of the following land, unless the land is covered by a mining licence, prospecting licence or retention licence—

(a) private land, but only with the consent of the owner or occupier; and

(b) Crown land (other than land exempted under section 6, 6A or 7 of this Act or nominated under section 7(1) of the Crown Land (Reserves) Act 1978)

Because restricted crown land is not mentioned under section 6, 6A or 7, and is instead listed under Schedule 3 of the Mineral Resources (Sustainable Development) Act 1990, this generally means prospecting and fossicking activity is permitted. However it's always best to consult Parks Victoria or Resources Victoria before prospecting in this land to get confirmation. If you do this, make sure you follow the rules expected of a holder of a Miners Right, and that you clean up the area after you prospect, and that you backfill any and all holes dug. Do not damage any vegetation or trees, and ensure the area that you prospect on does not fall under the Aboriginal Heritage Act 2006.


Restricted Crown Land is listed under Schedule 3, page 346 of the Mineral Resources Sustainable Development Act 1990.

For those interested, this is what is written:

Schedule 3—Restricted Crown land

Section 4(1)

1. In this Schedule— relevant recommendation means a recommendation that proposes that land is to be reserved under the Crown Land (Reserves) Act 1978 for any of the following purposes—

(a) regional parks;

(b) coastal parks (including Gippsland Lakes Reserve);

(c) marine parks;

(d) flora or flora and fauna reserves;

(e) wildlife reserves or wildlife areas (including Wildlife Management Co-Operative Areas);

(f) natural features reserves, scenic reserves, cave reserves, geological reserves or natural features and scenic reserves;

(g) bushland reserves;

(h) historic areas or historic reserves;

(i) public land water frontage reserves;

(j) streamside reserves;

(k) coastal reserves;

(l) national heritage parks;

(m) nature conservation reserves;

(n) historic and cultural features reserves. 

1A. Any land that is the subject of a relevant recommendation of the Victorian Environmental Assessment Council that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001.

1B. Any land—

(a) to which clause 1A does not apply; and

(b) that is not the subject of any other recommendation of the Victorian Environmental Assessment Council that has been accepted by the Government under Part 3 of the Victorian Environmental Assessment Council Act 2001

if that land is the subject of a relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force).

2. Any land that is an alpine resort within the meaning of the Alpine Resorts Act 1983.

3. Any land that is a heritage river area under section 5 of the Heritage Rivers Act 1992 other than land to which paragraph (a) or (b) of section 6 of of the Mineral Resources (Sustainable Development) Act 1990 applies.

4. Any land that is a natural catchment area under section 6 of the Heritage Rivers Act 1992 other than land to which paragraph (a) or (b) of section 6 of the Mineral Resources (Sustainable Development) Act 1990 applies.

4A. Any land that is described in Divisions 1 to 6 and 9 of Part 3 and Division 1 of Part 4 of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

4AB. Any land described in Division 2A of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

4AC. Any land described in Division 6 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

4AD. Any land described in Division 7 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

4AE. Any land described in Part 1 of Schedule Nine to the National Parks Act 1975.

4B. Any land that is described in Part 8 of Schedule Four to the National Parks Act 1975.

4BA. Any land described in Divisions 4 and 5 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

4BB. Any land described in Division 4 of Part 5 of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

4C. Any land described in Division 1 or 2 of Part 7 of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

4D. Any land described in Divisions 15 to 26 of Part 1 of the Fifth Schedule to the Crown Land (Reserves) Act 1978.

5. Any other Crown land (other than land to which paragraph (a) or (b) of section 6 applies) that the Minister and the Crown land Minister, by notice published in the Government Gazette, declare to be restricted Crown land for the purposes of this Act.

6. Despite anything to the contrary in this Schedule, any land shown delineated and coloured grey on the plan lodged in the Central Plan Office and numbered LEGL./06–260 is to be taken not to be land specified in this Schedule for the purposes of the definition of restricted Crown land

 

This picture shows what Restricted Crown Land (Green) looks like on Geovic:

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