Check what a miner's right allows on Crown land
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the authority and the land description, list whether the person holds a miner's right, whether the land is described as Crown land, and the weight of samples the person proposes to take. List whether the activity is prospecting or fossicking, and whether fossicking has the written consent of the occupier and of any tenement holder. Note any proposed entry within 400 metres of a pastoral bore or well. Do not decide that the activity is authorised.
- What the lawyer must review
- The lawyer decides whether the activity is authorised. The Mining Act guidelines on basic provisions, marked revised as at 1 November 2018, state that a miner's right allows the holder to prospect, which includes metal detecting, on Crown land as authorised by section 40D, and to take and keep samples of ore or material up to 20 kilograms. It does not authorise mining operations. Entry is restricted on certain Crown land, and the guidelines give the example of land within a 400 metre radius of a pastoral lessee's bore or well, other than to gain access to other Crown land to prospect or mark out that other land. Fossicking on Crown land, whether or not it is held as a mining tenement, needs the prior written consent of any occupier and of the tenement holder. The guidelines define fossicking as searching for and removing rock, ore or minerals other than gold or diamonds, not exceeding 20 kilograms, for a collection, lapidary work or a hobby, by hand tools only. They state that mechanised equipment and metal detectors may not be used in fossicking. The separate miner's right pamphlet named in the guidelines was not opened. The guidelines are marked 1 November 2018. The lawyer confirms the current provision. This task is not the permit to enter private land, where the sample limit stated in the private-land brochure is different.
- Written for / version
- US
Open a jurisdiction version of this task to see which instruments apply: US
Who does what
| Role | What they do |
|---|---|
| Assistance | From the authority and the land description, list whether the person holds a miner's right, whether the land is described as Crown land, and the weight of samples the person proposes to take. List whether the activity is prospecting or fossicking, and whether fossicking has the written consent of the occupier and of any tenement holder. Note any proposed entry within 400 metres of a pastoral bore or well. Do not decide that the activity is authorised. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Keep prospecting, which may include a metal detector, separate from fossicking, which the guidelines limit to hand tools and exclude gold and diamonds.
- Check sample weight against 20 kilograms, and written consent of the occupier and the tenement holder before fossicking.
- Flag entry within 400 metres of a pastoral bore or well, and confirm the decision is the lawyer's.
Sources
These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.