Miner’s Rights

A Miner’s Right must be obtained by each person wishing to prospect or fossick on Crown land.

The permit enables the holder to pass over land to gain access to Crown land for prospecting purposes and to take and keep samples of any ore or material up to 20 kilograms.

A Miner’s Right does not authorise the holder to carry out mining operations. A mining title is required for this purpose.

Prospecting - fossicking in WA

Under the Mining Act 1978, the terms "prospecting" and "fossicking" carry distinct legal definitions. Although the general public often uses them interchangeably, the Act strictly defines "fossicking" to distinguish it from broader prospecting activities. ‘Fossicking’ means to search for, extract and remove rock, ore or minerals, other than gold or diamonds, in quantities not exceeding the prescribed amount and by means not prohibited under the regulations, as samples or specimens for the purpose of a mineral collection, lapidary work or a hobby interest. The term ‘prospecting’ includes the search for all minerals including the use of metal detectors.

Both ‘prospecting’ and ‘fossicking’ require a Miner’s Right.

Prospecting and fossicking areas

Miner’s Right holders can prospect on Crown land, which includes pastoral leases. However, when fossicking on Crown land or conservation land, holders need prior written consent from land occupiers.

Prospecting or fossicking on mining tenements can only be carried out with consent from mining tenement holders and cannot be carried out on reserved land (except where the purpose is a common, mining or public utility).

Learn more about Miner’s Rights below, including where you can prospect or fossick, your legal rights and obligations as a prospector, how to get your Miner’s Right, as well as penalties that apply for unauthorised activity.