Section 40E of the Mining Act 1978 allows Miner’s Right holders to apply for a permit to prospect on land within a granted exploration licence.
Permit holders using hand-held tools can gain access to a nominated area of Crown land or certain conservation land on a granted exploration licence, described by graticular blocks, for a period of three months.
Prospecting is limited to Crown land within a granted exploration licence. Crown land for these purposes includes vacant Crown land, pastoral lease land and reserved land for common, mining and public utility.
A permit does not allow prospecting to be carried out within a national park, nature reserve, part of a townsite or another type of classified reserve (such as a cemetery) or private property (such as farmland).
Although consent from exploration licence holders is not required, licence holders will be notified by the Department of Energy, Mines, Industry Regulation and Safety (the Department) of the issue of a permit and have 21 days to advise permit holders in licensee statements of any concerns relating to the nominated area.
Prospectors should plan and apply for a permit well in advance of the field trip, to allow for the 21 days advice period before the permit becomes operational (if a licensee statement has not been received). When the permit is issued, access to the exploration licence is not allowed for the first 21 days or until permit holders receive licensee statements, whichever occurs sooner.
