Mining claim
Changes to mining claim applications
Changes are being proposed to improve the current regulatory framework. Read about the proposed changes to mining claims.
Mining claim applications will continue to be assessed under the existing regulatory framework.
A mining claim can be 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 claims
Prescribed mining claims apply 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, unless your claim has been assessed and granted as a prescribed mining claim (see above).
Security self-assessment
Security for a mining claim will be assessed before the claim is granted. The self-assessment security calculator should be completed and provided as an attachment to your application.
Environmental authorities
An environmental authority may not be required if your activities meet the criteria for a small-scale mining activity.
Native title
Any native title requirements will need to be addressed before we grant an authority.
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.
When the mining claim notice is issued, you must notify landholders of the land, and landholders of the access land, about the application and provide them with a copy of the:
- mining claim notice
- mining claim application
- the Small-scale mining code (PDF, 257KB) for mining claims that meet the requirements for small-scale mining activities
- guide to landholder compensation for mining claims and mining leases (PDF, 781KB).
You must also notify:
- the local authority of the application, which they may choose to object
- affected persons, including native title claimants or registered native title body corporate.
Your mining claim notice letter will contain more information about these requirements.
The information in these documents will also be relevant when you start negotiating compensation.
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.
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 |
| Application fee | {{ pass_35260 }} | {{ pass_35260 }} |
*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.
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.
How to apply
You can apply online through MyMinesOnline or using a hard-copy form.
Also consider...
- Read our guide to the application process for resource authorities for general information about lodging an application.
- Find out how to comply with your resource authority.
- Download the Opal and gem miners' handbook (PDF, 7.4MB) for safety advice to lower your risk of injury.