A Miner’s Right must be obtained prior to commencing prospecting activities. This allows the holder of the Miner’s Right to pass and re-pass over land, in order to gain access to Crown land for prospecting purposes.
Obtaining a Miner’s Right
A Miner's Right can be obtained for a fee at the Department of Mines, Industry Regulation and Safety (DMIRS), Mineral House, 100 Plain Street, East Perth, or at any Mining Registrar’s office, upon presentation of proof of identity. Please note that a Miner’s Rights cannot be obtained at the DMIRS Core Libraries. An application form is available within the attached Miner’s Right pamphlet.
An individual may hold a Miner’s Right and it is important to ensure that the Miner’s Right is issued in the full and correct name. A Miner’s Right can be issued to a company (incorporated under the Corporation Law) .
Miner's Right holder rights
Miner's Right holders can carry out the following activities on Crown land (not the subject of a mining tenement):
- prospect for minerals (including gold)
- conduct geological mapping and 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 and gemstones
- take water and camp for the purposes of prospecting.
Miner's Rights do not authorise these activities on private or reserved land (except where the purpose is a common, mining or public utility).
For Information on Prospecting locations please visit the link
For Information on Crown land activity restrictions please visit the link
Entry onto pastoral leases
Miner's Right holders may pass or re-pass over any of the restricted land referred to above, in order to gain access to any other Crown land for the purpose of conducting Right activities. Before doing so, Miner's Right holders must take all reasonable and practicable steps to notify pastoralists of intentions. When passing or re-passing, holders must:
- take all necessary steps to prevent fire, damage to trees or other property; and damage to any property or livestock by the presence of dogs, the discharge of firearms, the use of vehicles or otherwise
- cause as little inconvenience as possible and comply with reasonable pastoralist requests when passing and re-passing
- restrict the number of passes or re-passes to the minimum necessary for the purpose of mining on or marking out other land
- make good any damage caused to improvements or livestock.
Any person holding a Miner's Right is liable to pay compensation in accordance with Section 123 of the Mining Act 1978 for any loss or damage caused by that person whilst exercising any right authorised under Section 40D(3) in respect to any Crown land.
For Information on Prospecting obligations please visit the link
For Information on Penalties for illegal prospecting please visit the link
Access to Land Subject to Native Title
A Miners Right does not provide a holder with a lawful right to access land subject to exclusive possession native title rights. In circumstances where exclusive possession native title exists, a Miners Right holder must seek the permission of the relevant native title party before entering.
Noting, Pursuant to s104 Mining Act 1978 (WA), entry onto land, including native title land, is permitted for the purposes of surveying, marking out or posting notices in connection with an application for a mining tenement.