Legislation and regulations

Competing exploration licence applications

      Introduction

      Resources Victoria is responsible for the regulation of earth resource sites and associated activities. This includes the assessment and processing of exploration licence applications undertaken in accordance with the Mineral Resources (Sustainable Development) Act 1990 (the Act), Mineral Resources (Sustainable Development) Amendment Act 2023 (the Amendment Act), and any other applicable regulations or policy.

      Competing licence applications (competing applications) occurs in the instance where multiple valid exploration licence applications for the same area are received on the same day. Competing applications may be wholly or partially overlapping.

      This operational policy sets out the factors that will be considered in assessing and ranking competing applications under section 23 of the Act.

      As per section 23 of the Act, the highest ranking must be given to the application that the Minister believes best furthers the objectives of the Act after considering:

      • the relative merits of the applications; and
      • the likely ability of each applicant to meet the requirements specified in section 15(6) of the Act, namely:
        • be a fit and proper person to hold a licence;
        • intend to comply with the Act;
        • genuinely intend to do work with an appropriate program of work; and
        • finance the proposed work and rehabilitation of the land.

      The operational policy sets out:

      • the factors that will be considered when assessing the relative merits of an application, and
      • the method used to assess an applicant’s likely ability to meet section 15(6) of the Act.

      The principles of competitive merit and procedural fairness will be applied in assessing competing applications.

      Current versions of the Act and Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 (the Regulations) can be accessed on the Victorian Legislation website.

      Competing Applications Policy

      This operational policy only applies when multiple valid exploration licence applications for the same area are received on the same day. Other exploration licence applications that are not competing will be assessed as standard, in accordance with the relevant legislation and policies.

      Applicants will be informed in writing if an application is competing and, if so, that it will be ranked under section 23 of the Act. When notifying the applicants, Resources Victoria will also:

      • request that applicants submit a Fit and Proper Person questionnaire, and police check if a current version is not held on file;
      • request that applicants submit a declaration of private interests for any potential, actual or perceived conflicts of interest which may arise as a result of information provided in their application in the event the application is approved; and
      • provide all competing applicants with a site map, noting the extent and location of the land affected by the competing applications.

      Procedural fairness

      All licence applications must be made in accordance with the requirements under the Act and the Regulations.

      Applications must be complete and valid on the day of submission to be considered. Only valid applications will be ranked in accordance with section 23 of the Act.

      The assessment and ranking process will be conducted based on the written information and any supporting evidence provided with each application. No subsequent information provided by the applicant after submission will be considered, unless this information has been formally requested.

      Assessing the relative merits

      Assessing the relative merits of an application under section 23(2)(a) of the Act requires consideration of the applicant’s proposed program of work. Applicants must submit a proposed program of work with their application to effectively demonstrate these intentions and programs.

      The following components will be assessed and ranked in considering the relative merits of an applicant’s proposed program of work, within the context of furthering the objectives of the Act and the subsidiary regulations.

      Applicants can choose to submit applications meeting the minimum legislative standards. However, applications which exceed minimum legislative standards in providing a higher level of consideration may add value to their assessment and ranking.

      Geological Rationale, Location and Justification

      For the Applicant’s consideration: Understanding of the prospective minerals in a geological setting

      Requirement: Regulation 14(c)(ii-iv)

      The geological rationale should clearly detail why the applicant believes the ground is prospective for the nominated mineral(s) and justify why they want a licence over the application area.

      The rationale must demonstrate the applicant’s geological understanding of the application area and should detail the following:

      • A geological overview of the area (with geological maps referenced);
      • The target mineral(s), the mineralisation style, and the host rock;
      • Relationship or comparison to known deposit styles;
      • Reference to previous/historic mining or exploration activity if applicable;
      • Geological and geophysical interpretations, as applicable;
      • Where relevant, the relationship between the application area and any current licence/s held; and
      • Geological/geophysical maps illustrating the application boundary, potential target areas and where exploration activities are proposed.
      • Understanding of the requirements to return the geological/geophysical environment to a safe, stable and sustainable state upon expiration of the licence.

      Work Program Activities, Timing and Expenditure

      For the Applicant’s consideration: Exploration activities and timetable relevant to the prospective minerals and geological setting; expenditure commitments to deliver the exploration work program

      Requirement: Act section 15(6)(c), Regulation 14(c)(i, ii and v), Regulation 14(d)

      The applicant must provide a proposed program of work for each year of the licence, and if practical, further delineate tasks.

      The applicant must outline how the activities will progress throughout the term of the licence and justify how the activities will advance their geological knowledge of the area.

      • Desk-based activities may include, but are not limited to: literature search, general research, database compilation, computer modelling, reprocessing of data, geological and geophysical interpretation, mineral resource/reserve estimate.
      • Surface/on-ground activities may include, but are not limited to: geological field mapping, geophysical surveys, remote sensing, stream sediment, soil and rock chip sampling, and related geochemistry/mineralogy/ petrology, implementation of new technologies.
      • Sub-surface activities may include, but are not limited to: drilling, trenching, bulk sampling and related geochemistry/mineralogy/ petrology/metallurgy.

      Applicants must provide the estimated annual expenditure for each year of the licence to undertake the proposed program of work and rehabilitation. Higher-ranked competing applicants will be held to the proposed expenditure that has been submitted with the licence application.

      Industry and Geological Expertise & Experience

      For the Applicant’s consideration: Exploration team’s qualifications, expertise and experience relevant to the prospective minerals and geological setting

      Requirement: Regulation 14(f), Regulation 14(g), Regulation 14(h)

      The applicant is to provide the qualifications and experience of the technical advisors (employees or contractors), including the roles they will undertake over the duration of the licence.

      These should clearly state any tertiary degrees, years of relevant experience in the mineralisation style being explored including JORC competency and if any individuals are current members of a related industry association (listed in the Victorian Government Gazette). Applicants must include their membership numbers for verification.

      Where technical advisors are proposed to be contracted by the applicant, written evidence of their intent to work for the applicant must be provided in the form of a signed statement. Where applicable, the statement should verify the reliability of information provided by the contractor in the application and declare any conflicts of interest which may arise as a result of their engagement by the applicant, should the applicant be successful.

      Applicants must also include details of their experience in exploration and mining activities and associated rehabilitation, including similar exploration or mining projects.

      Applicants must demonstrate the ability to achieve milestones by outlining: the size and makeup of project teams, engagement with land holders and local communities, and a history of compliance with the Act or other applicable legislation in other jurisdictions.

      Community Engagement Activities and Expertise

      For the Applicant’s consideration: Exploration team’s plans for community engagement and experience in community engagement activities on similar projects.

      Requirement: Section 39A, Regulation 14(c)(i)

      All licensees have a duty to consult with community. Applicants who submit a community engagement plan detailing their commitment to engage proactively, openly and fairly with land holders and the local community through contemporary practices over the course of their proposed program plan may add value and higher relative merit to their application assessment.

      Activities may include:

      • stakeholder identification and mapping;
      • risk identification and mitigation plans;
      • regular periodic public communications (newsletters, website updates, local media releases);
      • participation in local community events or other forms of community support;
      • one-on-one engagement activities,
      • establishment and maintenance of a feedback or issues register; and/or
      • examples of previous community engagement.

      Involvement of a suitably qualified engagement officer (for example with an IAP2 qualification) will be well-regarded. If an IAP2-qualified engagement officer has been employed, include their details and qualifications.

      Traditional Owner Engagement Activities and Expertise

      For the Applicant’s consideration: Exploration team’s plans for engaging and partnering with Traditional Owners and demonstrated approach in working with Traditional Owners.

      Requirement: Section 39A, Regulation 14(c)(i)

      The Victorian Government is committed to reconciliation and a Treaty for Victoria’s First Nations people. The Pupungarli Marnmarnepu ‘Owning Our Future’ Aboriginal Self-Determination Reform Strategy 2020-2025 outlines the Department of Energy, Environment and Climate Action’s (DEECA’s) roadmap for enabling self-determination by fostering an environment that honours the rights and dignity of Traditional Owners and Aboriginal Victorians.

      As part of their duty to consult with communities, prospective licensees are expected to meaningfully engage and partner with the relevant Traditional Owners of the application area. This includes Traditional Owner groups with or without formal recognition and irrespective of whether the application area includes Crown land and is impacted by Native Title and/or Recognition and Settlement Agreement rights.

      The merit of each competing application will be assessed in the context of best practice principles outlined in DEECA’s Traditional Owner and Aboriginal Community Engagement Framework to ensure Traditional Owners are given the opportunity to inform decision-making as it relates to cultural values, impacts on Country and First Peoples opportunities. This supports self-determination and ensures a project reflects Traditional Owners’ priorities for Country.

      Applicants that demonstrate a sophisticated level of cultural safety and industry practices, including plans to genuinely partner and meaningfully engage with Traditional Owners, will be assessed as having a higher relative merit. This includes applicants with a demonstrated history of meaningful partnership and engagement practices. Engagement should reflect ongoing partnership, not a one-off consultation.

      DEECA’s First Peoples Self-Determination Division may, where necessary, provide advice as part of the assessment and ranking of competing applications.

      Higher Merit examples include, but are not limited to:

      • Place-based engagement plans which demonstrate how the applicant will reflect on and incorporate Traditional Owner’s rights, interests and priorities for Country throughout the course of the proposed program of work and rehabilitation. Engagement plans should demonstrate and align with the best practice principles outlined in DEECA’s Traditional Owner and Aboriginal Community Engagement Framework.
      • Assess potential impacts of the proposed program of works on Country, including environmental and cultural values as part of the program plan and rehabilitation outcomes.
      • Provide evidence of a commitment to meaningfully engage and partner with Traditional Owner groups to allow for ongoing consultation throughout the exploration licence activities, including on any significant changes to program plans and to rehabilitation outcomes. This should include the allocation of funding for participation, including sitting fees, travel and any additional support.
      • Outline opportunities for First Peoples, including employment or economic benefit, as a result of the proposed program of works, such as engaging Aboriginal-owned businesses.
      • Provide evidence to demonstrate past experience delivering meaningful partnership and engagement with Traditional Owners. This could include previous engagement plans, engagement evaluation reports and/or written references from Traditional Owner partners (as available).

      If none of the competing applicants testify sufficiently to their intent to engage with Traditional Owners and Aboriginal Victorians, Resources Victoria may request additional information from competing applicants equally.

      Assessing the requirements of section 15(6) of the Act

      In accordance with section 23(2)(b) of the Act, an assessment will be undertaken as to whether an applicant satisfies the requirements of section 15(6) of the Act. The factors that will be considered in making this assessment are outlined below.

      Fit and Proper Person

      An applicant will be assessed as to whether they are a fit and proper person to hold a licence under section 15(6)(a) of the Act and in accordance with the Fit and Proper Person Policy.

      Intent to Comply with the Act

      An assessment will be undertaken as to the applicant’s intent to comply with the Act in accordance with section 15(6)(b) based on previous performance. Factors that may be considered include, but are not limited to:

      • Whether the applicant has met expenditure requirements and program plan milestones for other current or previous tenements;
      • Timely and accurate submission of all statutory reports for current or previous tenements;
      • Any non-compliance within Victoria and other Australian jurisdictions disclosed in the applicant’s Fit and Proper Questionnaire; and
      • Internal reports from Resources Victoria’s.

      Applicants that have a history of non-compliance on current or previous tenements are unlikely to meet the requirements of section 15(6)(b).

      Genuine intent to do work and appropriate program of work

      Resources Victoria will consider the outcomes from its assessment of relative merits to determine if an applicant meets sections 15(6)(ba) and 15(6)(c) of the Act.

      Ability to finance the proposed program of work

      Applicants are required to demonstrate that they are able to finance their proposed work and rehabilitation of the land in accordance with section 15(6)(d) of the Act. All applicants will be assessed in accordance with the Financial Capability Policy.

      At the time of submitting their application, applicants must demonstrate at a minimum that they:

      • hold enough funds to rehabilitate any land subject to their proposed program of work for the term of the licence;
      • hold or control enough funds to conduct the first two years of their proposed program of work; and
      • demonstrate a clear and reliable pathway to source further funds to complete their proposed program of work.

      Resources Victoria will consider any relevant evidence provided by an applicant, such as, but not limited to:

      • cash in reserve; and/or
      • listed shares owned by the applicant; and/or
      • a line of credit from a recognised financial institution licensed to operate in Australia; and/or
      • contractual farm-in agreements for exploration in the area subject to the application, which are solely exercisable by the applicant.

      Resources Victoria may also request an applicant to provide the following types of additional information in writing to substantiate their financial capacity to deliver their proposed program of work:

      • business plan setting out financial resources; and/or
      • level of borrowing and borrowing history; and/or
      • a credit reference check.

      The assessment of an applicant’s overall financial capacity will include consideration of the level of debt and/or existing committed funds required to fulfil their other commitments.

      Ranking

      Highest Ranked Applicant

      The highest ranked applicant will be informed in writing. Being the highest ranked applicant does not guarantee a licence will be granted.

      The highest ranked applicant will then be fully assessed against all relevant provisions of the Act to determine if it meets the requirements for the grant of a licence. Any applicable Native Title requirements must also be fulfilled.

      Lower Ranked Applicants

      Lower ranked applicants will be informed in writing. On notice of ranking, the lower ranked applicant(s) do not proceed further with assessment.

      A lower ranked applicant may choose to:

      • withdraw their application;
      • if applicable, excise the total overlapping unsuccessful application area and proceed with the remaining available application area. This will be assessed against the relevant licensing requirements under the Act; or
      • defer their application until the highest ranked application is either granted or refused. Should the highest ranked application be granted, the lower ranked application will be refused.

      Grant and Appeal

      Compliance After Licence Grant

      If the highest ranked applicant is subsequently granted a licence, they will be held accountable to deliver their full program of work, unless a suitable justification can be provided for not meeting the full program and a variation to the licence is approved.  The licence will include a requirement to meet the expenditure commitment from their proposed program of work.

      A licence may be cancelled or renewal refused if a licensee does not deliver their exploration program commitments in full or is non-compliant with other licence conditions or legislative obligations. Resources Victoria will monitor and review the licensee’s performance.

      Rights of appeal

      An applicant may apply for a judicial review in the Supreme Court of Victoria if they believe the ranking decision or decision to refuse a licence application meets the requirements for judicial review. The Mining Warden does not have jurisdiction concerning ranking decisions or decisions to refuse a licence application.

      Applications for judicial review must be commenced with 60 days of the decision date. Additional information on the process for judicial review in the Supreme Court of Victoria can be found at Supreme Court of Victoria website. Resources Victoria cannot provide advice on judicial review process or procedures.

      Page last updated: 01 Dec 2025