Mining licence application kit

New mineral industries regulations commence on 1 July 2019. This page is being reviewed and may require updates.

This kit is designed to assist in the completion of a mining licence application.

The application requirements are outlined in section 15 of the Mineral Resources (Sustainable Development) Act 1990 (MRSDA) and Regulations 13 and 15 of the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 (MRSDMIR).

How to use this kit

  1. This kit will assist you in applying for mining licence, which can be done via the RRAM Portal. If for any reason you cannot access RRAM, applications can be submitted using the Mining licence application form (WORD - 115.6 KB) .

  2. Answer each question, following the instructions on this page.

  3. When you have finished, make sure you have answered every question correctly.

    Note: Section 117 of the MRSDA provides that a person must not, by any false statement, misrepresentation or other dishonest means, obtain or attempt to obtain a licence. Penalties apply.

  4. If you are not using the RRAM Portal, sign the application, include all attachments, and submit to:

    Earth Resources Information Centre
    Department of Jobs, Precincts and Regions
    Level 15, 1 Spring St
    Melbourne VIC 3000

    (GPO Box 2392, Melbourne VIC 3001)

    Business hours: Monday to Friday, 9.00am – 4.30pm

  5. Note that the application date, for the purposes of the MRSDA, is the date that the Earth Resources Information Centre receives the complete application.

  6. It is important that you complete all questions on the Application Form and include all relevant attachments; otherwise the application cannot be accepted. You should also be aware that your application should be as comprehensive as possible, as your application may be competing against other applications lodged on the same day.

    If there are competing applications (overlapping the same land and lodged on the same day), then the order of ranking is given after an assessment of the relative merits of the applications and the ability of the applicants to meet certain requirements. In the event that competing applications are received, each application will only be assessed on the details lodged with the application on the day it was lodged.

    In this instance, the department may request clarification on details however there is no ability to add further details to the application.

Note

Information provided on the application form may be disclosed to another government organisation for the purposes of administering or enforcing the MRSDA or a relevant Act and to the public for the purpose of land use advice.

Contact details

If you have any queries, please contact the:

Earth Resources Information Centre
P: 1300 366 356
E: mbc.info@ecodev.vic.gov.au

The application process

Acceptance of application

Only valid applications will be accepted. Acceptance of an application takes place at the Earth Resources Information Centre, Melbourne.

To be considered valid, a mining licence application must contain all the information listed in Regulations 13 and 15 of the MRSDMIR and any relevant requirements in section 15 of the MRSDA.

An application cannot be made over land that:

  • is covered by an existing licence or application (unless made on the same day); or
  • was covered by a previous licence or application less than 28 days ago (i.e. currently in the moratorium period); or
  • is exempted from licences or applications (includes National and State parks); or
  • is currently subject to a tender process.

However, a mining licence application can be made over land within an existing exploration licence (EL), retention licence (RL) or prospecting licence (PL), or EL, RL or PL application if:

  • the applicant is also the holder/applicant of the EL, RL or PL; or
  • the written consent of the EL, RL or PL holder/applicant accompanies the application.

Description of the mineral resource

As required by section 15 of the MRSDA, the identification of a mineral resource is a pre-condition for the grant of a mining licence. The applicant must describe the mineral resource in accordance with the guidelines issued by the Minister (section 15(1BB) of the MRSDA).

The ministerial guidelines also provide what is required in relation to establishing the economic viability of the mineral resource for the purposes of the application – refer Ministerial Guidelines issued under sections 15(1BB) and 120A of the MRSDA for Description of a Mineral Resource in a Mining Licence or Retention Licence Application (the Ministerial guidelines).

Mineralisation report

A mining licence may only be granted where a mineral resource has been identified and work on a mining licence must be directed at establishing and operating a mine.

Section 15(1BE) of the MRSDA requires an application for a mining licence to be accompanied by a mineralisation report, which has been prepared by a competent person as prescribed in the MRSDMIR. It sets out the following exploration results in relation to the mineral resource:

  • the type or types of minerals identified; and
  • the location, depth, quantity and extent of the mineral or minerals; and
  • the method by which that extent has been determined; and
  • the analytical results obtained from samples of those minerals.

The Ministerial guidelines further specify requirements for the description of the mineral resource. The mineral resource identification requirements normally require Australasian Joint Ore Reserves Committee (JORC) standards.

For the granting of a mining licence, a minimum of an indicated resource as defined by JORC must be established within the area covered by the mining licence application. However, in some circumstances an alternative standard of mineral resource identification may be accepted (refer the Ministerial guidelines).

In addition to describing the mineral resource, the mineralisation report must include an analysis of whether the exploration results indicate a reasonable prospect that mining of the mineral resource will be viable. The Ministerial guidelines further specify what is expected in this regard.

Applicant to survey boundaries of land

A mining licence application must also include a survey of the boundaries of the land proposed to be covered by the licence in accordance with section 15(1BH) and Division 3A of the MRSDA.

The full requirements are set out in sections 26AR to 26AV of the MRSDA and Regulation 24 of the MRSDMIR.

Ranking

After your mining licence application is accepted by the department, if there are no competing applications, you will be informed by letter that your application has highest ranking.

If there are competing applications, the order of ranking is given after an assessment of the relative merits of all competing applications and the ability of each applicant to meet certain requirements. You will be informed of the outcome.

Requirements to process application

Once your application is given highest ranking, you are required to advertise the application to notify the public of your intentions and provide the opportunity for objections.

Your application is assessed to ensure that you:

  • are a fit and proper person to hold a licence;
  • have identified a mineral resource;
  • have an appropriate program of work; and
  • are likely to be able to finance the proposed work and any rehabilitation.

The department may also refer the application to other agencies for comment and advice of any land and heritage protection issues.

Fit and proper test

The matters to be considered by the Minister in determining whether a person is fit and proper, include whether the person has previously:

  • failed to undertake rehabilitation required under the MRSDA and the Minister has taken action to rehabilitate the land under section 83 of the MRSDA;
  • had a licence cancelled under the MRSDA;
  • been convicted of an offence against the MRSDA; or
  • been convicted of an offence involving fraud or dishonesty.

A person will not be considered to be fit and proper if they are currently an insolvent under administration. In determining whether a person is fit and proper the Minister is not limited to consideration of the matters above.

Appeals to the Mining Warden where there is a dispute

The MRSDA provides that an applicant or a licensee may refer a dispute to the Mining Warden. The Mining Warden will hear the dispute and make a recommendation to the Minister or the Department Head. A dispute can arise under the MRSDA between:

  • a licensee or an applicant and the Department Head or an employee of the department; or
  • a licensee or an applicant and the holder of a miner's right; or
  • a licensee or an applicant and the owner or occupier of land; or
  • a licensee and another licensee or an applicant for a licence; or
  • an applicant and another applicant; or
  • a member of the public and the Department Head (or an employee of the department) in relation to work under a licence that directly and substantially affects, or is likely to affect, the member of the public.

It is important to note that a dispute does not include an action taken by the Minister (or the Minister's delegate).

Consequently, any correspondence forwarded by the Minister or the Minister's delegate in relation to an action or proposed action e.g. proposed refusal, cannot be referred to the Mining Warden.

Native title

If the application area includes Crown land (other than Crown land where native title has been extinguished), the licence may be subject to native title and the department cannot grant the licence until you have met the 'future act' provisions of the Commonwealth Native Title Act 1993 (NTA) or have complied with the relevant land use activity agreements under the Traditional Owners Settlement Act 2010 (TOSA).

Note

The TOSA allows the Victorian Government to make agreements to recognise Traditional Owners and their rights in Crown land, in return for withdrawing native title claims and an agreement not to lodge future claims.

Further information about the TOSA is available from the Department of Justice and Regulation Native Title Unit (refer to www.justice.vic.gov.au).

You may choose from the following options (where applicable and if required):

  1. Excise all Crown land except those areas where native title has been extinguished (such as roads and road reserves) and therefore remove the obligation under the NTA or the TOSA; or
  2. Retain the Crown land and comply with the Right to Negotiate provisions of the NTA; or
  3. Retain the Crown land and reach an Indigenous Land Use Agreement under the NTA; or
  4. Retain the Crown land and comply with the relevant land use activity agreement under the TOSA.

You should consider the above options in relation to native title before you submit your application. There is a place on the application where you must indicate your choice so that processing of the application is not delayed.

Roads and road reserves are taken as having extinguished native title. However, there may be other areas of Crown land where native title has been extinguished by some previous exclusive possession act such as a commercial or residential lease.

If you choose option 1 you must assume that the only pieces of Crown land remaining within the licence area are roads and road reserves – unless you can demonstrate to the department's satisfaction that native title has been extinguished on other pieces of Crown land.

Please note, for applications subject to the Dja Dja Wurrung Recognition and Settlement Agreement (RSA) area, as unmade road reserves within this area are subject to the Dja Dja Wurrung Land Use Activity agreement (LUAA), the excision on Crown land subject to native title will include unmade road reserves. Constructed roads and their reserves are not subject to the LUAA.

If you choose options 2 or 3 and then demonstrate to the department's satisfaction that native title has been extinguished by some previous exclusive possession act over all the Crown land within the application, then the NTA would not apply.

Work program

The work program submitted with the licence application must describe the location and types of work to be undertaken. Upon the licence being granted, the details of the work program, together with the likely expenditure under the licence, will form a key part of the licence conditions.

How to answer the mining licence application questions

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  1. Complete, for each applicant, surname, given names, title and date of birth details. Alternatively, if the applicant is an incorporated company, enter the Name of Incorporated Company and ABN (Australian Business Number).

    Applications made by a company must be accompanied by a list of directors (including their respective dates of birth) and a certificate of registration of company.

Note

At the time of lodgement the applicant(s) for a licence must be a legal entity. Applications made under trading names are not acceptable. As a company does not come into existence until incorporation, applications made by an unincorporated company will be invalid.

If the applicant is a registered company, it must give its registered business address. If the applicant is an individual, they must give a physical address (e.g. street number and name). A Post Office (PO) Box address is not acceptable but may be used for the correspondence address.

If there are more than two applicants, please indicate and include details of these applicants on a separate page attached to the application.

  1. Applications made by agents or other persons on behalf of companies or individuals must be accompanied by a signed authorisation by the applicant(s) to act on their behalf with respect to the licence application. If this is not done, the application will be invalid and will not be accepted.

    If the agent is acting for the applicant(s) on more than one licence application, a copy of the authorisation must accompany each new application, and the original authorisation must be lodged with the department.

  2. Indicate if the agent is to be the contact point for all enquiries regarding the application.

  3. If the contact address for correspondence differs from the business address, complete the address for correspondence regarding this application. If the agent is to be the usual contact point for all enquiries regarding this application, enter the agent's address here.

Withdrawal of an application

You may withdraw an application in whole or part, by delivering a signed notice of withdrawal to the Earth Resources Information Centre. Any land that you withdraw from the application after you have been given ranking is marked as 'moratorium' in the spatial database and becomes available for application in 28 days.

  1. Quote the name(s) of the 1:25,000 Mapsheet(s) over which the application area extends. These maps can be obtained from the Earth Resources Information Centre.

  2. Determine if the land covered by the application is Crown land, or private land, or a mixture of both.

    Initial advice on the land status can be obtained by reference to the department's GeoVic computer system which can be inspected at the department's offices throughout Victoria. Details on the owners of private land are available from the Melbourne Land Titles Office.

    Attach a map, using a 1:25,000 Mapsheet with MGA coordinates as a base, clearly showing:

    • the exact location of the application area;
    • the length of each boundary AND its magnetic bearing;
    • boundaries of Crown land, with Parishes and Crown Allotment Numbers;
    • boundaries of private land and owners/occupiers names;
    • if your application area covers agricultural land which you do not own, you must show the extent of this land (see point 5 below).

    If a 1:25,000 Mapsheet is unavailable for your application area, please contact the department for advice on acceptable alternatives.

  1. As well as showing the application area on the map, you should describe the application area in words. For instance 'south side of area coincides with North boundary of Crown Allotment 53C', or 'application area abuts mining licence 9999'; or 'West boundary is defined by edge of road reserve'.

    This will assist in the accurate recording of your application area and ensure that you are given ranking (and in time granted a licence) over the correct land.

    If you are intending to apply over private land but you are unsure about the exact location of nearby Crown land, you may wish as a precaution to state in your description that all Crown land is excised from the application area. (If there is any Crown land in the application area the licence cannot be granted until Native Title obligations have been met.)

  2. Calculate the area covered by the application, in hectares, and enter it in the application. The area must not exceed 260 hectares unless the Minister decides otherwise.

    Please contact the department for more information.

  3. Indicate whether the application area includes privately-owned agricultural land which you do not own. If you answered YES, then after grant of the mining licence you must prepare a Statement of Economic Significance and the land owners or occupiers may apply to have the agricultural land excised from the licence.

  4. For now, ensure that the attached map clearly identifies the extent of any agricultural land.

  5. 'Agricultural land' means private land that is used primarily for:

    1. cultivation for the purpose of selling the produce of the cultivation; or
    2. keeping animals or poultry for the purpose of selling them or produce derived from them; or
    3. keeping bees for the purpose of selling their honey; or
    4. commercial fishing; or
    5. the cultivation or propagation for sale of plants.

Enter the names and addresses of the owners and occupiers of private land covered by your application. If the land is owned by one party, but occupied by another, you must supply the names and addresses of both. Ensure that you have marked these names on the map (see Question 3).

Indicate whether this person is an owner or an occupier.

Please attach a list if the space provided on the form is insufficient.

Under the Native Title Act 1993 (NTA), you are required to comply with the Right to Negotiate provisions of the NTA or reach an Indigenous Land Use Agreement.

See Minerals tenements and the Native Title Act 1993. This information is intended as a guide only and is not legal advice.

Please rely on your own legal advice about native title prior to making decisions about your interests.

Option 1: Excise all Crown land except those areas where native title has been extinguished

If you have chosen option 1, then your application is assessed to ensure that the requirements of the relevant sections of the MRSDA have been met.

Options 2 and 3: Applications with Crown land (other than Crown land where native title has been extinguished)

If you have chosen option 2 or 3 you need to meet the requirements of both the MRSDA and the NTA. These processes are conducted in parallel and both must be completed before the licence can be granted.

Option 4: Applications with Crown land where there is a relevant land use agreement under the TOSA

If you have chosen option 4 you need to meet the requirements of both the MRSDA and the TOSA. These processes are conducted in parallel and both must be completed before the licence can be granted.

If the application area lies within an EL, PL or RL held, or applied for, by another party, indicate this in the application. You must obtain written consent from the licence holder/applicant for you to hold a mining licence within the licence/application. You will need to attach the consent to the application.

Details of existing licences can be obtained from the Earth Resources Information Centre or the department's GeoVic system.

Nominate the period for which the licence is required. Base this on the size of the resource, the mining rate, and the time required to obtain all necessary consents.

A mining licence may be granted for a term not exceeding 20 years unless the Minister decides otherwise.

Licence holders can make application for renewal prior to the expiry of the licence.

Complete your proposed expenditure for year one and year two and for the first five years of the mining licence.

Your licence will require certain minimum expenditure. Where the area is subject to a tender (MRSDA section 27), or competition by a number of applicants (MRSDA section 23) the nominated expenditure will be considered as one factor in determining the successful applicant.

In these cases, your nominated expenditure (if higher than the the department's rate) will be adopted as the licence expenditure requirement.

Mining for metallic minerals (e.g. gold, silver, copper, zinc, antimony)

Area of mining licenceExpenditure
5 Ha or less $15,000 per year
More than 5 Ha up to 10 Ha $20,000 per year
More than 10 Ha up to 25 Ha $23,000 per year
Greater than 25 Ha $900 per Ha per year (non-underground)
Greater than 25 Ha $850 per Ha per year (underground)

Mining for non-metallic minerals (e.g. kaolin, diatomite, mineral sands)

Area of mining licenceExpenditure
5 Ha or less $5,000 per year
Over 5 Ha $10,000 plus $200 per Ha per year

Note

For licences mining gypsum there is no separate minimum expenditure requirement.

The above guidelines reflect minimum expenditure levels. However, expectations about the level of expenditure will also be based on the size of the mineral resource and the likely capital expenditure on the project, as outlined in the licence application.

Further, the work undertaken on a mining licence must reflect the work program that was submitted with the licence application and may be subject to conditions relating to the type of work, its timing and/or expenditure on the licence.

Work on the licence may include any or all of the items listed previously in relation to the program of work.

In order to comply with the provisions of section 15(6)(d) of the MRSDA relating to the applicant's ability to finance the proposed work and rehabilitation of the land, the following information is required to support the application:

Company (with an audited financial report):

  • Net equity (obtained from the balance sheet of the audited financial statements);
  • Professional expertise in lieu of expenditure (refer to note below);
  • Line of credit from a recognised financial institution; and/or
  • Prospectus (must be underwritten).

In completing the application, you are required to enter in the amounts against each field. In respect to audited reports, you only need to write down the Net Equity figure.

Individual or Company (without an audited financial report):

  • Bank statement (no older than six months);
  • Professional expertise in lieu of expenditure (refer note below);
  • Line of credit from a recognised financial institution;
  • Prospectus (must be underwritten);
  • List of plant and equipment – owned by the applicant and to be used for the purpose to which the application applies; and/or
  • Share certificates.

In completing the application, you are required to enter in the amounts against each field. In respect to providing a bank statement, the applicant must advise of known liabilities that will affect the balance of the bank statement within a twelve month period.

The department reserves the right to seek from the applicant a copy of an updated bank statement at any time during the life of the licence.

The department measures your 'Net Financial Position' against the required expenditure for the application if granted for the first two years (i.e. the 'Net Financial Position' must exceed the required expenditure). Only the above information will be accepted as demonstrating the applicant's ability in meeting section 15(6)(d) of the MRSDA.

All information relating to financial details must be no older than six months at the time the information is submitted. You must disclose whether any of the applicants is an undischarged bankrupt, is in receivership or is under administration.

Value of own labour

The applicants own labour can be counted as expenditure up to an amount of $25,000 per year. To claim an amount above $25,000 will require verification to substantiate the claim, e.g. evidence of qualifications/experience/hours worked/rates of pay.

Provide details of the field of expertise of person(s) undertaking the mining program, including the applicant's expertise and any technical advisors to be engaged (eg. geologist, engineer).

If these advisors are not employees of the applicant, you should indicate so in the place provided on the form. A statement, signed by the technical advisor and agreeing to act for the applicant, must be provided with the application form.

If requested, the applicant should be able to provide evidence of their advisors' qualifications and a copy of their Curriculum Vitae.

Indicate your experience in mining activities.

Attach details or supplementary documents as necessary to provide information. This information might be important if the department is required to determine a competing application.

The matters to be considered by the Minister in determining whether a person is fit and proper are outlined in the overview section of the application kit.

In considering these matters the Minister must take account of the circumstances that lead to the action, the nature of the offence, the penalty imposed and when the action was taken or the offence committed.

The fit and proper requirements extend to associates of licence applicants. An associate is defined as a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the applicant's (or licensee's) business.

In determining whether a person is fit and proper, the Minister is not limited to consideration of the matters above.

If mining is not already being undertaken, the identification of a mineral resource is a precondition for the grant of a mining licence.

You will need to include a Mineralisation Report which details:

  1. The type of mineral;
  2. An analysis of the economic viability of mining;
  3. The location, depth, quantity and extent of minerals;
  4. The method that determined the extent of the minerals;
  5. Analytical results obtained from samples of minerals; and
  6. Evidence that the mineralisation report was prepared by a competent person.

Unless mining is already being undertaken in the area covered by the application, the description of the mineral resource must also include an analysis of whether there is a reasonable prospect that mining of the mineral resource will be economically viable (refer the Ministerial guidelines).

Note

If the application is solely for the construction of a facility or other infrastructure to be used for the purpose of mining under another mining licence, then you are not required to identify a mineral resource or submit a mineralisation report.

However, you will need to provide details of the infrastructure and its connection to the mining licence where mining is being undertaken or is proposed to be undertaken. Where this situation applies, attach details to the application.

The mineralisation report must be prepared by a competent person (see sections 15(1BA) to (1BG) of the MRSDA). The application must include the following details of the competent person:

  1. Full contact details, including correspondence address, phone details and email address;
  2. Relevant professional organisation membership/s; and
  3. Relevant experience in mineral resource assessment and development.

A competent person, as prescribed in the MRSDMIR, means a person who has:

  • Membership of an organisation approved by the Department Head that is of a class approved by the Department Head. Such organisations and memberships include:
    • Member or Fellow class membership of the Australasian Institute of Mining and Metallurgy;
    • Member or Fellow class membership of the Australian Institute of Geoscientists; or
    • Membership of any other organisation and class as listed in the Victorian Government Gazette (PDF).
  • a minimum of five years’ experience which is relevant to the style of mineralisation or type of deposit under consideration and to the activity undertaken; or
  • in the case of a mineral deposit that is easily and readily assessed visually at the ground surface, a person who the Minister has determined, on a case by case basis, has the relevant experience in mining or mineral exploration appropriate to the described mineral resource.

The application must include information about your work program. A work program is a detailed outline of the work proposed and should address the points listed on the application form and outlined in the Mining licence guidelines.

It should describe the type of mining activities to be undertaken on the licence and must include a sketch map showing the location of the proposed works in relation to the boundaries of the application area.

Generally it is expected that the program of work under a mining licence should reflect a clear intention to establish a mine and should provide a time schedule for and details of proposed work.

The work undertaken on a mining licence must reflect the work program that was submitted with the licence application and may be subject to conditions relating to the type of work, its timing and/or expenditure on the licence.

Proposed work may include:

  • further geological evaluation required to convert indicated resources to measured resources or reserves;
  • preparation of a full feasibility study;
  • project financing;
  • preparation of detailed mine design;
  • mine and infrastructure construction, commissioning and ultimately mining and ore treatment; and/or
  • obtaining approvals, consents and land access agreements.

Within 6 months from the granting of a mining licence, a work plan for mining must be submitted.

For further guidance, refer to the Mining licence guidelines.

You must also indicate the mineral to which the application relates. If the indicated resource contains more than one type of mineral resource, indicate the pre-dominant mineral resource.

The mineral resource identification requirements will normally use Australasian Joint Ore Reserves Committee (JORC) standards.

For the granting of a mining licence a minimum of an indicated resource as defined by JORC must be established within the area covered by the mining licence application.

However, in some circumstances an alternative standard of mineral resource identification may be accepted. Refer to the Ministerial guidelines for description of a mineral resource.

Calculate the appropriate fee. The application must be accompanied by the correct fee or it will not be accepted.

Since 1 January 2015, flat application fees have applied for all licence types, the correct application fee must be submitted with the licence application.

Fees and charges are varied from time to time, so it is important to refer to the current version of the MRSDMIR at the time of application.

See the list of current fees at Licensing fees and charges.

Advice is available upon request from the department's offices including the Earth Resources Information Centre.

If paying by cheque, make cheques payable to 'Department of Jobs, Precincts and Regions'.

Attach a survey of the land proposed to be covered by the licence.

The full requirements are set out in sections 26AR to 26AV of the MRSDA and Regulation 24 of the MRSDMIR.

When submitting the application, you must attach:

  • A map showing the area covered by the application; and
  • The application fee; and
  • The Mineralisation Report (if required) and the proposed work program/plan;
  • Description of mineral resource and its economic viability in accordance with Ministerial guidelines;
  • Survey of the land proposed to be covered by the licence; and
  • Evidence of financial capacity.

Depending on your answers to the questions, you may also need to attach the following:

  • A list of directors of the company including date of birth details;
  • A copy of the certificate of registration of the company;
  • Signed authorisation from the applicant for an agent to act on their behalf;
  • A statement by non-employee advisors of their agreement to act as advisors for this application; and/or
  • Other attachments such as audited reports to the Australian Stock Exchange or other evidence of financial capacity to fund the proposed expenditure.

Describe these attachments in the blank space provided on the application. Indicate in the place provided on the application whether the application is accompanied by each attachment.

The application is invalid and will not be accepted if these items are not supplied where they are required.

Before you sign the declaration, ensure that:

  • You have answered every question;
  • All the information you have given is true and correct to the best of your knowledge;
  • You have attached all the required supporting documentation; and
  • You have attached payment for the appropriate fee.

All applications must be signed. If the application is in joint names, then all parties or their authorised representative(s) must sign the application form.

If one or more of the applicants is a company, applications made by a company must be signed by a company director or company secretary, or alternatively by a person who can provide written evidence that they are authorised to act on behalf of the company with respect to that application.

Each signature should have the name and position of the person in the company (if applicable) clearly printed.

Ranking is given according to the day the application is received by the Earth Resources Information Centre, Melbourne.

After grant

On grant of the mining licence, the department will send you the registered licence document and information on the next steps required prior to work commencing.

Excision of agricultural land from the mining licence

If you propose work on agricultural land not owned by you, a statement of the economic significance of the work must be prepared and given to the owners and occupiers of the agricultural land within 6 months after licence grant or the date of the lodgement of the work plan (whichever is earlier).

The owners and occupiers of the land may apply to the Minister to excise that land from the licence on the grounds that continued agricultural use would be of greater economic benefit to Victoria.

For further information please refer to the MRSDA, sections 26A to 26E.

Work plan and planning consent

You must submit a work plan for mining within 6 months after licence grant. You will need to consult with an inspector from the department and, if appropriate, land managers and the local municipal council while preparing your work plan.

The department will not approve the work plan until after you have gained any required planning approval. Before any work can be carried out you must have the following:

  • An approved work plan, including a rehabilitation plan and a community engagement plan;

  • Obtained a planning permit, or alternatively completed an Environment Effects Statement (EES*) process. (A planning permit or an EES is not required for exploration on a mining licence (section 43(3) of the MRSDA);

  • Obtained consents or compensation agreements for any activities on private land;

  • Obtained consent for work on restricted Crown land;

  • Lodged a rehabilitation bond; and

  • Given 7 days' notice to the Chief Inspector and owners/occupiers of affected land of your intention to commence work.

You must have the required public liability insurance before you do any work on a licence.


*The Minister for Planning may determine that an EES is an appropriate assessment process for the proposed mining and, in certain circumstances, the applicant may wish to commence the EES process at the earliest stage possible, including prior to grant.

If an EES is to occur, it is the decision of the applicant to determine if the EES is commenced prior to grant, and if so, the applicant must notify the department as soon as the EES process is commenced.

In all instances, applicants should contact the department at the earliest possible stage of project development prior to initiating either the EES or Planning Permit process.


Expenditure, rent and royalties

You must also comply with the conditions of your licence and report on your mining (or exploration) activities annually. A condition of the licence is that you must spend a specified minimum annual amount on work on the licence.

Once granted, the annual Activity and Expenditure Return must be submitted within 28 days of the reporting date of 30 June in each year. Licensees will be required to provide a technical report in relation to any exploration activities undertaken on the licence.

Failure to submit the annual reports by the due date may result in an infringement notice being issued.

The holder of a mining licence must pay rent in relation to the land covered by the licence as at 30 June annually and an invoice will be sent to you. Royalty is payable for all minerals except gold and is payable on 30 June each year.

Mining licences may be granted for a term not exceeding twenty years unless the Minister decides otherwise.

Other information

There are several sources of information which will be useful to licensees throughout the life of their licence. All are available through the Earth Resources Information Centre.

The MRSDA and the MRSDMIR are essential reference documents for all licensees and are available on the Victorian Legislation and Parliamentary Documents website – www.legislation.vic.gov.au.

The Minerals Council of Australia (Victorian Division) has also produced several publications which provide information to explorers and miners, including the Guide to Private Landowners Regarding Exploration and Mining on Private Land.

Contact details

If you have any comments regarding this application, please forward them to the:

Earth Resources Information Centre
Department of Jobs, Precincts and Regions
GPO Box 2392 Melbourne
Victoria 3001 Australia

P: 1300 366 356
E: mbc.info@ecodev.vic.gov.au

Page last updated: 09 Sep 2019