Detecting on Exploration licences in VIC..

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Have read that in WA you can prospect on exploration leases as long as you have a permit. Is there anything similar available in VIC?

Cheers!
 
Of course remember that the usual rules apply, even on exploration licenses, private land you need permission from the land owner, state or crown land you must abide by the rules of the land manager and exempted areas are always a no go.
 
owenh1 said:
Have read that in WA you can prospect on exploration leases as long as you have a permit. Is there anything similar available in VIC?

Cheers!

In Western Australia you need a Section 40E Permit to prospect on an exploration lease unless it is in a pending stage.
 
Just so i have this clear as I am planning on heading out on Wednesday, I don't need to get permission on an exploration licence as it is on crown land? If i'm incorrect, do I have to contact the licence holder or the licencing officer?

Thanks!!
 
If it's like Queensland then an exploration licence is pretty meaningless to a fossicker unless u plan to strike a claim(not sure then) but while it doesn't stop u doing much it also doesn't allow u anything either. Indeed even the expiration licence holder has to get written approval from the owners to enter private land.
 
Maldon Gold Centre said:
You may prospect on an exploration license area in Victoria.

You may not prospect on a Mining License area in Victoria.

hi

i'm wanting to confirm please..... "You may prospect on an exploration license area in Victoria"

i've been trying to find out if i can or not, prospect on areas covered by exploration licences

earth resources says...
"An exploration licence gives the licence holder exclusive rights to explore for specific minerals within the specified licence area."
and
"Allowed with consent... Mining, prospecting or retention licence areas, but not exploration licence areas (other than Crown land where recreational prospecting is banned)"

because of this, i was thinking i'm not allowed on areas covered by exploration licences

thanks
matthew
 
You can along as you follow all the existing laws such as miners right, private land, leases etc.

If in doubt contact mineral and resources dept to set you straight.

Its written like that as it highlights where you need permission. An El doesnt require it, but you can always contact the holder to advise if you wish.
 
correspondence with Earth Resources Regulation [Department of Jobs, Precincts and Regions] re prospecting on area with exploration licence

me
could you please confirm.....
is prospecting by amateurs with a miner's right allowed on land covered by an exploration licence?

them
"Please refer to the information on the web [link provided but my membership status doesn't allow me to post links yet]"

Where you can prospect and fossick
Allowed with consent
Mining, prospecting or retention licence areas, but not exploration licence areas (other than Crown land where recreational prospecting is banned)

me
i've read it previously, that's why i'm asking
i feel it indicates "no"
however, it has been said in topics on forums "yes"
so i'd like clarification please

them
"If the guide on our website states No then that is the answer. ERR cannot be responsible for anything posted in forums or chat rooms." Regards, [name] [Senior Licensing Officer]
 
Where does it say no? I think you're over reading/thinking things!
Allowed with Consent: Mining, prospecting or retention licence areas, but not exploration licence areas(other than Crown land where recreational prospecting is banned).
Land Access Rules: Consent must be sought from the licence holder. This consent is additional to any other requirements in this table. These licence types can be found onMining Licences Near Me.
You need to read whole table in the context of allowed with or without consent & in regards to the Land Access Rules i.e Consent must be sought from the licence holder - Mining, prospecting or retention licence areas, but not exploration licence areas.
Allowed with No Consent: Crown land other than prohibited Crown land and land where consent is required
Land Access Rules: Consent is not required from the Crown land manager, although if in doubt, you are encouraged to confirm with the land manager.

So you are allowed to prospect/fossick on Crown Land without consent unless the Crown Land is a prohibited area or requires consent i.e. most National Park areas, designated no prospecting reserves, Mining licences etc.

To prospect on a Mining, Prospecting or Retention Licence area you need the consent of the licence holder (regardless whether it's Crown Land or not) BUT you do not require consent for Exploration Licence areas that are otherwise legally accessible i.e. most Crown Land excluding the prohibited Crown Land discussed above or private property with landowner consent.

Pretty piss poor that they wouldn't explain this in more detail to you.
 
To add further to above. This is straight out of the Act:
MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 55 Miner's right

(1) Aminer's right entitles the holder tosearchformineralson any of the following land, unless the land is covered by amininglicence, prospectinglicenceor retentionlicence

(a) private land, but only with the consent of theowneroroccupier; and

(b) Crown land (other than land exempted undersection 6,6Aor7of this Act or nominated under section 7(1) of theCrown Land (Reserves) Act 1978).

(1A) If the land is covered by amininglicence, prospectinglicenceor retentionlicence, the holder of aminer's right is entitled tosearchformineralson the land if he or she has, in addition to any consent required under subsection (1), the consent of thelicensee.

(2) A consent granted under subsection (1) or (1A)

(a) may be granted subject to conditions; and

(b) may be withdrawn at any time by the person who granted it.

(2A) If the holder of aminer's right is validly on any land under this section, he or she may remove from the land anymineralsdiscovered by him or her on the land.

(3) Aminer's right is current for the time, not exceeding 10 years, specified in theminer's right.
If you can get your head around the legislative instruments (Acts & Regulations) they can be more beneficial in deciphering your rights/responsibilities used with or over guidelines, website information etc.
 
Thanks MBasko.

Nailed it.

That telephone call was unhelpful and if I have to guess its for 1 of 2 reasons.

1. Person on the phone has little understanding of the question or the rules.

2. Person did not want to advise it was fine as they cannot be absolutely sure of where he wanted to go.

If Im honest Ive given up calling any govt dept about prospecting, just get sent in circles by public servants who rarely understand what they are meant to be administrating. Even on the ground it can just depend on who you encounter and what they understand.

Its actually forums like this with good people who've had to navigate around terms and intereptations for a number of years with various depts and changes to rules and legislation (and depts haha) that have a good grasp of what is and isnt allowed.

No wonder new people to this past time feel so lost when starting out, its clear as mud.

I just cant decide whether its deliberate or its incompetence that perpetuates it. Probably a combination of the two.

Sometimes I wonder if thats why they want it all shutdown, very easy to oversee an activity that doesnt exist.
 
i'm not familiar with the act etc, and don't plan to, so i'll admit defeat on that
that's why i read the rules rather than the law
and in this case, when i was unsure about the rules, i contacted the adjudicator
from their response, i think it is clear they are saying "no"

i can't share links, sorry

"allowed with consent... but not exploration licence areas" - NOT

"Allowed with no consent" does not include exploration licence areas

"An exploration licence gives the licence holder exclusive rights to explore for specific minerals within the specified licence area."

bottom line... Senior Licensing Officer says "no" and they get to make the decisions

anyway, based on what you've said, and having read sections of the act myself, i've asked for further clarification
but based on the rules as i've read them, i think it is no
though the act seems not to say no
 
https://earthresources.vic.gov.au/licensing-approvals/mineral-licences

Start here, this explains EL in vic.

Then any other link will be in this thread by HTY

https://www.prospectingaustralia.com/forum/viewtopic.php?id=15222

After you read what an EL actually allows you to do you will see why its placed and why permission from the EL holder is not needed and does not stop you from prospecting on it under your Victorian Miners Right. You do still have to abide by all the rules covered under your Miners Right though.

Its just an exclusion zone to look for minerals and there must be a plan for exploring minerals. It just stops a PL or ML etc from being placed on the same land.

If your still confused just dont go. Simples.
 
Killermouse I think your talking yourself out of going?
If you believe you can't prospect on EL's then the available land that you restrict yourself to will be very minimal. I think you'll find most gold bearing areas are covered by EL's.
The Act clearly defines the 3 types of mining tenements that require consent - mininglicence, prospectinglicenceor retentionlicence! These 3 types of tenement are all higher level licences than EL's, with higher levels of mineral rights in specific licence areas & so rightfully that is why you need consent on them. Clearly, mining licence areas in particular, would also be a higher level of HST risk for anyone entering i.e. machinery, open mining etc.
 
my query began because of the vast areas covered by exploration licences, including land close to me that i hoped i could prospect
being relatively new to prospecting i only wanted to be absolutely sure i was allowed
so i was talking myself out of it if i wasn't allowed to, otherwise i was keen to

i emailed Department of Jobs, Precincts and Regions again, quoting the act, and asking for clarification, and received a much more extensive reply, varying considerable from the indication i had previously received
so i am very happy to say that you were correct, we can prospect on areas covered by exploration licences
the entire last reply follows.....

"With a valid Miners Right, you are able to prospect over an area that has an Exploration Licence over it and you dont need Exploration Licence holders consent.

However, you need to pay particular attention to what the Miners Right stipulates. The same conditions apply when prospecting within Exploration licences where it relates to other mineral licences, private land & some Crown land.

In summary, you cant prospect over an area that has a prospecting licence, mining licence or retention licence unless you have consent of the licensee

You cant prospect on private land unless you have landowners consent

There are certain areas of Crown land that you cannot prospect in (as stated in the conditions you listed below which should be part of the Miners Right when issued).

If uncertain which areas allow prospecting you need to contact Crown land Management (DELWP) or Parks Victoria to determine what restrictions apply within the area you intend to prospect. This may be difficult during these times of COVID-19. However you may be able to look up DELWP or Parks Victoria websites to obtain some information or access contact numbers to speak to someone."

[name] Senior Licensing Officer | Earth Resources Regulation
 
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