Gold Prospecting in Victoria: The Hidden Restrictions (Pt. 2)

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#victoria #gold #goldprospecting
Australia's goldfields have been a source of wealth, adventure, and heritage for generations, but recent changes to Victoria’s prospecting laws are shaking up this treasured tradition. New restrictions under Section 7 of the Mineral Resources (Sustainable Development) Act 1990 have imposed significant limits on where prospectors and small-scale gold miners can legally search for gold. Areas that were once freely accessible are now classified as "S7 exempt," blocking access to the very lands that built Australia’s legacy as a gold-rich nation.

For recreational prospectors and small-scale miners, these new laws are a devastating blow. The dream of venturing into the bush, swinging a detector, or panning in a creek is now a legal minefield, with significant portions of Victoria’s iconic goldfields declared off-limits.

Here's some more reading for those who need it regarding the laws and legislation:
If you scroll down to the bottom of the Vic Resources Government website, under the list of Prohibited Crown Land, this is what is written. The section that applies to S7 is the very last line.
"Prohibited Crown land is land where recreational prospecting is banned and includes land that is:"

The line referring to S7 is:
"an area exempted from recreational prospecting or an extractive industry or otherwise exempted under the Mineral Resources (Sustainable Development) Act 1990 or any other Act."


The Mineral Resources (Sustainable Development) Act 1990 is S7. But you need to read the full act to understand the implications as this website is a little misleading and suggests it affects licensing only. Which is untrue.


Here's the section that forbids it under the act. Scroll down to page 157.


Under Part 5, Division 1 on page 157, regarding recreational fossicking it is explicitly stated that such rights do not apply to land exempted under Section 6 unless specifically included. The section that states it says the following:

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).

On page 25, you can find Section 6. The Miner's right, and tourist fossicking authority falls under Section 6 because it is explicitly mentioned under the Miner's Right section on page 157, where it says "other than land exempted under section 6, 6A or 7 of this Act."

Section 6 on page 25 states the following:
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—

On page 27, you will find the part that applies to recreational prospecting under (E) which lists S7 and (F).

(f) land that is by or under any other Act exempted from—
(i) search for minerals or stone; or
(ii) the carrying out of an extractive industry; or
(iii) being subject to an authority under this Act.

Section 6, F(iii) is the one that forbids recreational prospecting on S7 land for a few reasons.
Section 6(f)(iii) explicitly prohibits recreational prospecting on exempted land, including S7 land, for several reasons:
1. The Miner’s Right is listed as an "Authority".
On Page 157, under the Miner’s Right section, it explicitly states that a Miner’s Right is classified as an "authority." As such, it falls under the restrictions of Section 6(f)(iii).

2. The Miner’s Right Section Directly References Section 6:
The Miner’s Right section explicitly states that land listed under Section 6 (which includes S7) is unavailable for recreational prospecting.

3. Section 6(f)(iii) Expands Beyond Licenses:
While Section 6(e) focuses on exempting land from licenses, Section 6(f)(iii) broadens the scope to include recreational activities requiring "authorities" such as Miner’s Rights and Tourist Fossicking Authorities. This ensures recreational fossicking is explicitly prohibited on exempted land, including S7. Because it is one of the lands mentioned in Section 6 under 6(e).

This is truly unfair, and I’m sorry if this feels like a rude wake-up call for anyone. It’s an unfortunate reality we must face together.