Many fossickers, particular first-timers, may not be aware that many prospective areas of the country are covered by varying types of formally registered permits. These are very different from the ‘fossicking licence’ you must obtain to fossick legally in Queensland.
Tenure refers to the type of claim that has been registered over an area of land, usually by a company.
There are three main types of tenure in Australia; coal, petroleum and minerals. As we are predominately concerned with minerals, we will look at the permit types that cover these in Queensland.
Exploration Permit for Minerals (EPM)
First in the hierarchy is the EPM. This type of permit is usually lodged by a commercial mining or exploration company. This usually involves drilling or some other type of geological sampling program. A specific work program and expenditure commitment must be submitted and approved by the government for this type of permit. EPMs require on-going annual reporting, annual rents to the government and generally expire after 5 years unless a renewal is lodged.
So do fossickers need to worry if an area is covered by an EPM? Yes and no. You are still allowed to fossick on the land if you have the landowner’s written permission, however you are not allowed within 50m of any exploration activities. This means you cannot go near drill rigs, seismic trucks or interfere with any other exploration activities unless you have the MDL holder’s written consent.
If you encounter an exploration program it is highly unlikely that the people on site can give you this consent (and it will probably put them off if you ask for it). Due to stringent safety requirements it is also highly unlikely that they will invite you into their work area for a look.
If, however, you do happen to encounter a crew on the road or in passing they are pretty cool people and worth having a chat to. They usually have extensive local knowledge and may be willing to pass on a bit if you are charming enough. They are not supposed to give away confidential company information, but may be willing to share details of other finds in the area.
If you know there are crews in the area (look for temporary signage on highways) the best place to meet these people is at the local pub- they will be the ones wearing hi-vis.
Mineral Development Licences (MDL)
It is illegal to fossick on an area of land covered by a Mineral Development Licence (MDL) or a Mining Lease (ML), without both the landowner and MDL holder’s written permission. These are areas where preliminary exploration has already taken place and the company has found something worth pursuing. In these cases you cannot fossick without the landowner and MDL holder’s written consent. They are unlikely to give it because of the ridiculous amount of time and money they have spent on the MDL. My advice is to find somewhere else.
Mining Claims (MC)
I don’t know much about mining claims to be honest, but from what I can gather they apply only to specific gemstones. Same rules apply as for an MDL, you must have written permission from both the land holder and the MC holder. Not going to happen. No one is going to go to all of that effort and then let you come in and pick prize gems! Are you crazy? Find somewhere else.
Mining Leases (ML)
These are the serious permits. If one of these puppies is lodged it means a company is ready to turn the place into a mine (or at least that’s what they want the government to think). Again, you cannot fossick without the landowner and MDL holder’s written consent. At this stage they are being very careful not to upset environmental groups and have likely started setting up infrastructure. No way, not a snowball’s chance. Give up, go home, or find somewhere else.
Extra Notes
Keep in mind that for all of these tenement types, the same rules apply if an application for a permit has been lodged. So for instance, if a company currently holds an EPC over an area, but has applied to upgrade it to an MDL, then the conditions of an MDL apply and you will need the company’s permission. Boooooooooooooooooooooo!
Also, don’t forget there are restrictions governing protected areas, watercourses etc etc. If in doubt refer to the ‘Mineral Resources Act, Chapter 2: Prospecting Permits’ or contact your local mining office.
Don’t be disheartened though, there are plenty of rocks out there for everyone. For instruction on how to check an area for permits, keep an eye out for this post!
Some Useful Links
https://www.qld.gov.au/recreation/activities/fossicking/
https://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FossickingR09.pdf