All minerals, as defined by the Mineral Resources (Sustainable Development) Act 1990 , in the ground in Victoria are owned by the crown no matter who owns or occupies the land. Under the Mineral Resources (Sustainable Development) Act, anyone wanting to explore for minerals, or mine them, must first get the appropriate licence from the Department of Primary Industries (DPI). An exploration licence allows a licensee to explore for minerals subject to conditions. Issuing of a mining licence confers ownership of any minerals extracted in the mining licence area from the crown to the mining licence holder.
By contrast, the crown does not own stone except where it occurs on crown land. (Stone includes rock of any kind ordinarily used for building, manufacturing, road making or construction, slate, gravel, sand soil and some clays.) If you extract stone from crown land, you not only need the proper authority and permit you must also pay royalties to the government: see also Chapter 2 Land and its uses 'Crown land'.)
Exploration and mining are two different processes which are sometimes confused.
To view a web page containing further information relating to this topic go to the Department of Primary Industries website - www.dpi.vic.gov.au.
Mineral exploration on your land
Exploration can include geophysical or geochemical surveys, mapping, drilling and taking samples. Miners wanting to explore for minerals on your land must first get a licence to explore. To do this they must lodge an application with the DPI. Within 14 days of lodging their application, the explorers must also advertise in a local newspaper circulating in your area and in a state wide newspaper. The local advertisement must include a map showing the proposal in detail. In addition to advertising requirements, miners must also give notice to the owner and/or occupier of the land of their intentions to obtain a exploration licence within a certain period, and fulfil certain criteria set by the Minister (e.g. that the miner is a fit and proper person to conduct exploration on the land).
Exploration licences may be granted for a term of up to five years but may be renewed. Exploration licences may be transferred with the approval of the Minister but must not be transferred during its first year.
An exploration licensee must rehabilitate land in accordance with licence conditions, and must enter into a rehabilitation bond for an amount prescribed by the minister. Land can be exempt from being subject to an exploration licence by the Minister if the Minister considers that an exemption is required for the protection of land that is of significant environmental importance. The holders of exploration licences must submit a work plan to the DPI showing how they intend to rehabilitate the land they disturb. All licensees are required to pay a bond to the DPI before work is allowed to start. This ensures that the required rehabilitation will be completed. Before any work can start on your land, the licensee must consult with you and get your consent and agreement on issues including right of way and access. Should you not give your consent, the explorer may seek authority from the DPI for authority to enter the land.
Compensation will be payable to you for any loss or damage sustained as a direct, natural or reasonable consequence of things done under a licence, including damage to the surface of the land, depreciation of possession of the surface of the land or any part of it, damage to improvements on the land, loss of amenity and any decrease in the market value of your interest in the land. You will not be compensated for the value of any mineral discovered in or under the surface of land covered by a licence. If you do not agree on the amount or nature of the compensation, you or the explorers may refer the matter to the Victorian Civil and Administrative Tribunal (VCAT), which will make a decision on the compensation agreement.
Objections to the grant of licences are made to and considered by the Minister . The jurisdiction of mining wardens, appointed under Pt 11 of the Mineral Resources (Sustainable Development) Act, is dependent upon referral of a dispute, by a party to it, in which case the warden must investigate and attempt to settle or arbitrate the dispute and can make recommendations to the Minister, or by referral of a matter by the Minister or department head for investigation, report and recommendations.