Overview of Unavailable S7 Exempt Land Restrictions:

In Victoria, Section 7 restrictions refer to areas of land that the Minister for Resources has exempted from being subject to a mining or exploration licence. This forbids all prospecting and fossicking activity from taking place on land that falls under the S7 category.

You can find it on Geovic by clicking Add layers > Land Status and Boundaries > Minerals > Industry Related Land > Unavailable S7 Exempt Land.

This is outlined under Section 7 of the Mineral Resources (Sustainable Development) Act 1990. These restrictions are put in place to protect certain areas due to environmental, cultural, or other significant reasons.

Though these restrictions mention licenses, the reason this restriction applies to those who hold a Miners Right is due to the mention of it under the Miners Right section on page 157 under Section 55 which states:

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 the Mineral Resources (Sustainable Development) Act 1990 (MRSDA) or nominated under section 7(1) of the Crown Land (Reserves) Act 1978).

It's key to note that Section 7 restrictions are also mentioned in section 6. 

 

The following is written in Section 6:

Land not available for exploration, mining and searching

(1) The following land is exempted from being subject to a licence or other authority under this Act—

6(e) land that is—

(i) under section 7 exempted from being subject to a licence; or

(ii) by or under any other Act exempted from exploration or mining, or being subject to a licence;

Because of this, S7 land is completely off limits to prospecting and fossicking activities under a Miners Right unless permission is explicitly provided to you personally by the Minister or a delegate of the Minister or unless either of these authorities issue an update on a specific piece of land in the Government Gazette outlining that and S7 Restricted Area allows prospecting to take place. 

 

Key Points of Section 7 Restrictions:

Ministerial Authority to Exempt Land

The Minister can exempt any land from being subject to a licence through a written declaration (Mineral Resources (Sustainable Development) Act 1990, Section 7(1)).

 

Exemptions may apply for various reasons, including:

Protecting land with significant environmental importance (Section 7(2)(a)).

Implementing recommendations from the Victorian Environmental Assessment Council (VEAC) or its predecessor, the Land Conservation Council (Section 7(2)(b) and (ba)).

Ensuring the orderly and optimal development of Victoria's mineral resources (Section 7(2)(c)).

 

Considerations Before Granting an Exemption

The Minister must evaluate several factors before granting an exemption, including:

The known or potential value of the mineral resources in the area.

The social and economic implications of the decision (Section 7(3)).

 

Public Notification of Exemptions

Any exemptions made under Section 7 must be published in the Government Gazette and recorded in the Mining Register (Section 7(4)).

Revocations of exemptions are also published and recorded, with details of when the land will become available for mining or exploration licences (Section 7(5) and (6)).

Why Do S7 Exemptions Matter?

S7 restrictions ensure that sensitive or significant areas are protected from mining activities. This includes areas that are:

Home to critical environmental features.

Important to cultural heritage, including Aboriginal sites.

Subject to government recommendations for preservation.

By adhering to these laws, Victoria strikes a balance between resource development and environmental and cultural conservation.

 

Relevant Legislation

This information is derived from the following sections of the Mineral Resources (Sustainable Development) Act 1990:

Section 7: Minister may exempt land from being subject to a licence.

Section 6: Land not available for exploration, mining, and searching.

 

This picture shows what Unavailable S7 Exempt Land (Light Blue) looks like on Geovic: