The
Miners Right Extracted from:
http://www.finders.com.au
Miners Right Relevant Information:
Each State of Australia have their own licence requirements for
prospecting and mining activities, the information which is included on
this page relates to the State of Victoria only and is not applicable
to any other State in Australia.
Miner's Right
Privileges Of Holder:
(1) A Miner's Right entitles the holder to search for minerals on -
a)
Private land (other than land
covered by a Mining Licence) with the consent of the owner or occupier;
or
b) Crown
land, other than -
(i) land exempted under Section 6 or 7
of the Act or
nominated under Section 7(1) of the Crown Land (Reserves) Act
1978; and
(ii) land
covered by a Mining Licence.
(2) A consent granted under sub-section (1) (a) by an owner or occupier
may be
a)
granted subject to conditions; and
b)
withdrawn at any time by the owner or occupier.
(3) A Miner's Right is current for the time, not exceeding 2 years,
specified in the Miner's Right.
Obligations Of Holder:
(1) The holder of a Miner's Right who searches on land under that Right
must not -
(a) use
any equipment for the
purposes of excavation on the land, other than non- mechanical hand
tools; or
(b) use
explosives on the land; or
(c)
remove or damage any tree or shrub on the land; or
(d)
disturb any Aboriginal place or Aboriginal object on the land.
(2) The holder of a Miner's Right must repair any damage to the land
arising out of the search.
The following information is by no means the total privileges or
requirements of the holder of a Miners Right but merely intended as a
quick guide to some of the most commonly asked questions. More detailed
information can be found on the Department of Natural Resources and
Environment website at
(http://www.nre.vic.gov.au/minpet/titles/mcaqomr.htm).
All adults (18 years and over) who prospect or fossick for gold, gems
or other minerals in the state of Victoria need to have an exploration
licence, a mining licence or a Miner's Right. Children under
supervision of an adult with a Miner's Right do not need to be a holder.
If the intention is to search for gold gems or minerals a licence is
required regardless of method used such as Electronic Detecting,
Panning, Dowsing, Sluicing, Dry Blowing or Washing, etc.
The original licence (a copy is not acceptable) must be carried by the
holder when prospecting or mining and must be produced when requested
by an Officer of the Department of Natural Resources and Environment,
anywhere within the State of Victoria, or by an Officer of Land
Management on Crown Land.
The holder of a Miners Right may prospect over an Exploration Lease
without the permission of the Licence holder and is not required to
notify the Licence holder of any gold finds. Any gold found upon a
Exploration Lease remains the property of the Miners Right holder
providing only hand tools were used for recovery.
The holder of a Miners Right may also prospect over an application for
a Mining Licence. However once a Miners Right Claim or Mining Licence
has been granted, permission must be then obtained from the Title
Holder to prospect over or remove any minerals from the claim or
licenced area.
A Miners Right holder may use motorised equipment to process gravel
that has been excavated using hand held equipment and is loaded into
the processing equipment by hand and provided no significant land
disturbance is caused by the process.
The holder of a Miners Right has the right to prospect or pan in
designated Victorian river beds.