Registered my Miners Right for Prospecting
Well, firstly I would like to apologise to any dedicated readers of my blog for the lack of posts for the last 10 days or so, I have been away in the big smoke (Perth) for a few days, and also I have been busy around the house, so I have not been metal detecting for nearly two weeks!
Anyhow while I was in Perth, I decided to go to the Department of Mines and Petroleum to register my Miners Right which will enable my to go Prospecting and Metal Detecting on Crown Land and other areas.
Not that I have any intentions to go looking for gold in the near future, but I suppose it is a handy item to have in case I do strike it rich, and will save me potential problems if I do find gold and don’t have a Miners Right.
If you want to go gold prospecting you will definetely need a Miners Right, having one will save you alot of problems if you do find gold.
When I was at the Department of Mines and Petroleum, they were very helpful, and they showed me a great tool which you can download, it is called the TenGraph Online
The TenGraph is an excellent tool, you can do searches of any town or place in Australia to see where you can go prospecting without permission and where you cannot go prospecting without prior permission.
I have included a screenshot of the TenGraph, it shows the area of my hometown and surrounding districts of Dumbleyung.
Click Image to see large screenshot
TenGraph Online - Dumbleyung Area
If you click on the image attached you will see different colours of that screenshot.
- Black means you are allowed to prospect in those areas
- Blue means that those areas are currently under tenement, and you cannot prospect in those areas unless you get written permission from the tenement holder and
- Green means that there is a Pending Tenement in those areas and you can prospect in those areas.
The Tengraph is not only a great tool for Gold Prospecting, but it is also a very handy tool to do research possbible areas to go metal detecting around old abandoned homesteads, rivers, parks and much more, it is free to use but you must register to use it, it is also free to register.
Read the following information about Miners Rights
Miner’s Rights
Revised as at February 2006
How To Obtain A Miner’s Right
Rights Of The Holder Of A Miner’s Right
Where Can I Prospect/ Fossick
Restrictions On The Activities That Can Be Carried Out On Crown Land
Entry Onto Pastoral Leases
Compensation
Obligations Of The Holder Of A Miner’s Right
Unauthorised Activities
Application Form For A Miner’s Right
How To Obtain A Miner’s Right
A Miner’s Right may be obtained for a fee of $25.00 at the Department of Mines and Petroleum, Mineral
House, 100 Plain Street, East Perth, or at any Mining Registrar’s Office. An application form is attached
to this pamphlet.
An individual or company incorporated under the Corporation Law may hold a Miner’s Right. In each
case it is important to ensure that the Right is used in the full and correct name. A Miner’s Right cannot
be issued in a registered business name.
Rights Of The Holder Of A Miner’s Right
The holder of Miner’s Right is authorised under Section 20 of the Mining Act 1978 to carry out the
following activities on Crown land not the subject of a mining tenement:
• prospect for minerals (including gold);
• conduct geological mapping;
• conduct tests for minerals;
• undertake limited sampling using hand held equipment and to remove samples up to 20
kilograms;
• mark out mining tenements;
• fossick for rocks, gemstones, etc;
• take water and camp for the purposes of prospecting.
Possession of a Miner’s Right does not authorise these activities on private land or Reserve land
(except where the purpose is a Common, Mining or Public Utility).
Where Can I Prospect/ Fossick
Prospecting can be carried out for all minerals including gold and a metal detector can be used.
Prospecting cannot be carried out on a mining tenement unless the tenement holder’s consent is
obtained and if a pastoral lease is affected the pastoralist should be notified.
Prospecting may be carried out on an exploration licence situated on Crown Land where a Section 20A
Permit has first been obtained – refer to Information Series Pamphlet No. 18.
Fossicking authorises the collection of mineral specimens (excluding gold and diamonds) for lapidary
work or hobby interests. Use of a metal detector is not permitted. In addition the written consent of any
mining tenement holder and the pastoralist is required.
Restrictions On The Activities That Can Be Carried Out On Crown Land
When on a pastoral lease the written consent of the occupier is required before conducting activities on:
a. land for the time being under crop;
b. a yard, stockyard, garden cultivated field, orchard, vineyard, plantation, airstrip or airfield;
c. land in actual occupation and on which there is a house or other substantial building;
d. the site of any cemetery or burial ground;
e. land within 100 metres of land referred to in (a) to (d) above; and
f. land which is the site of, or is situated within 400 metres of the outer edge of, any water works,
race, dam, well or bore (unless the excavation was previously made and used for mining
purposes by a person other than the pastoralist).
A Warden may order access to these areas other than (c) above, where he/she is satisfied that the land
is bona fide required for mining purposes. Compensation for loss or damage to the land is to be agreed
between the parties or determined by the Warden.
Entry Onto Pastoral Leases
(Refer to Information Pamphlet No. 5 – Prospecting, Exploring, Mining on Pastoral Leases)
The holder of a Miner’s Right may pass or repass over any of the restricted land referred to above in
order to gain access to any other Crown land for the purpose of conducting activities allowed under a
Miner’s Right.
Before doing so, the holder of a Miner’s Right must take all reasonable and practicable steps to notify
the pastoralist (consent is not required) of his intentions and when passing or repassing shall:
i. take all necessary steps to prevent fire, damage to trees or other property and to prevent
damage to any property or livestock by the presence of dogs, the discharge of firearms, the
use of vehicles or otherwise;
ii. cause as little inconvenience as possible to the pastoralist in relation to the passing and
repassing;
iii. comply with any reasonable request made by the pastoralist in relation to the passing and
repassing;
iv. restrict the number of passes or repasses to the minimum necessary for the purpose of mining
on or marking out that other land; and
v. make good any damage caused by the passing and repassing to any improvements or
livestock on the land.
Compensation
Any person (or company) holding a Miner’s Right is liable to pay compensation in accordance with
Section 123 of the Act for any loss or damage caused by that person (or company) whilst exercising any
right authorised under Section 20(2) in respect to any Crown land.
Obligations Of The Holder Of A Miner’s Right
As well as the above requirements for pastoral leases, in respect to all Crown land the holder is required
to:
• ensure that the least possible damage to the surface of the land is caused;
• fill in disturbances on the surface of the land made while conducting activities and which are
likely to endanger the safety of any person or animal;
• take all necessary steps to prevent fire, damage to trees or other property and to prevent
damage to any property or livestock by the presence of dogs, the discharge of firearms, the
use of vehicles or by other means;
• not to obstruct any public thoroughfare or undermine any road, railway, dam or building so as
to endanger public safety;
• not to remove any fencing, timber, etc. previously erected around or placed on an abandoned
shaft, pit, etc. in such manner as to render the area unsafe.
Unauthorised Activities
It is an offence under the Mining Act, 1978 to carry out mining operations on any land without
authorisation, and a penalty of $100,000 (plus $10,000 per day if the offence is a continuing one)
applies.
The holder of a Miner’s Right is authorised to search for and remove samples from Crown land, however
he is not permitted to carry out activities such as “strip mining” (ie. the use of front-end loaders and
bulldozers or similar machinery to strip the surface of soil or vegetation).
These types of operations may only be carried out in respect of granted mining tenements and
conditions will be applied to require compliance with methods of rehabilitation laid down by the
Environment Division.
Important Note
The information contained in this pamphlet is to serve as a guide only, and every holder of a Miner’s
Right has an obligation to be fully aware of the relevant provisions of the Mining Act, 1978 and
associated Regulations.
MINING ACT 1978
APPLICATION FOR A MINER’S RIGHT
TO: Director, Mineral Titles Division
Department of Mines and Petroleum
Level 1, Mineral House
100 Plain Street
EAST PERTH WA 6004 (May also be sent to any Mining Registrar’s Office)
…………………………………………………………………………………………………….
(name in full-block letters)
of
…………………………………………………………………………………………………….
(full postal address)
Postcode: …………………………… Telephone No: …………………………….
hereby make application for the use of a Miner’s Right pursuant to Section 20(1) of the Mining Act,
1978.
The prescribed fee of $25.00 is attached.
……………………………………………………..
(Signature of Applicant)
This pamphlet is issued by the Mineral Titles Division of the Department of Mines and Petroleum
1st Floor Mineral House
100 Plain Street (Cnr Adelaide Terrace)
EAST PERTH WA 6004
PHONE: (08) 9222 3333
FAX: (08) 9222 3444
Internet: http://www.dmp.wa.gov.au
N.B. The information contained in this pamphlet is designed to assist in gaining a general awareness of
the requirements of the Mining Act 1978 and is not intended to be a substitute for understanding the
statutory requirements of the Act and Regulations there under.
