Mining claim

There are 2 types of claims related to small-scale mining:

  • mining claim—issued for any mineral other than coal. You can hold or have an interest in a maximum of 2 mining claims at any one time
  • prescribed mining claim—applies only to corundum, gemstones or other precious stones. They are either granted specifically for the purpose of mining these minerals, or have been obtained as a result of having converted a mining lease as part of the small-scale mining initiative.

Permitted activities

A mining claim allows you to conduct small-scale mining operations such as prospecting and hand-mining. You are not allowed to use machinery to prospect, explore or mine on a mining claim, however you can use machinery if your claim has been assessed and granted as a prescribed mining claim.

Main features of mining claims

Feature Mining claim Prescribed mining claim
Specified mineral Any mineral other than coal and uranium Corundum, gemstones or other precious stones
Duration Up to 10 years Up to 10 years
Size* 1ha* 20ha*
Renewable Yes Yes
Rent No rent payable No rent payable
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*Note: Other size restrictions may apply in restricted areas.

The Boundary identification practice manual (PDF, 227KB) outlines marking out requirements. If you are required to mark out the boundary of the authority, you will require either a current authority or landowner consent to enter the land to undertake this activity.

Environmental authorities

An environmental authority may not be required if your activities meet the criteria for a small-scale mining activity.

Landholder notification requirement

The application process for new mining claims provides an opportunity for landholders to object to the application. They may also seek compensation (including conditions of access) for the use of their land.

Compensation for landholders

Mining claims cannot be granted or renewed unless compensation for landholders has been settled, either through a compensation agreement or Land Court determination.

For applications lodged from 25 October 2018, if you are unable to reach agreement, either you or the landholder can, at any time, refer compensation disputes to the Land Court for a decision.

Your mining claim application may be refused if you don't have a compensation agreement or haven't applied to the Land Court within 3 months of:

  • the day the Governor in Council consented to your application (if it's at least partly over a reserve)
  • or
  • the last objection day for the application (if no one objected to your application)
  • or
  • the day the Land Court instructed the Minister to grant the mining claim.

Conditional surrender

In some cases (e.g. to consolidate adjacent authorities), you may conditionally surrender your authority in favour of a new one to include the whole or part of the land. If you apply for a conditional surrender, the existing authority will remain in force until your new application is decided. If your application is successful, the surrender will take effect immediately prior to the grant of the new authority.

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