Prospecting licence guidelines

Overview

Purpose

Resources Victoria, in the Department of Energy, Environment and Climate Action (DEECA, the department) regulates minerals exploration and mining in Victoria.

The Mineral Resources (Sustainable Development) Act 1990 (MRSDA, the Act) and the Mineral Resources (Sustainable Development) (Mineral Industries) Regulations 2019 (MRSDMIR, the Regulations) govern the department’s regulation of minerals exploration and mining in Victoria.

These guidelines are intended as a guide to the implementation of the Act and Regulations to demonstrate what is expected from applicants for and holders of prospecting licences in relation to statutory requirements.

This guideline will provide detail on:

• Background to the prospecting licence.
• The application process for a prospecting licence.
• The requirements of a prospecting licence application.
• Post grant activities.

Background

A prospecting licence allows prospectors and small-scale miners to undertake mining and exploration activities. Prospecting licences have the following characteristics (see sections 14B and 15(1A)):

• they must not exceed 5 hectares.
• they may be granted for a term of up to 7 years.
• they cannot be renewed.
• the grant of a prospecting licence does not require the identification of a mineral resource as a prerequisite; and
• the holder of a prospecting licence may apply for a mining licence or retention licence over the area of the prospecting licence, subject to identification of a mineral resource.

To ensure that large areas are not held under adjoining prospecting licences, the legislation places the following limits on adjoining prospecting licences (see section 15(1A)(g)).

Resources Victoria’s spatial mapping tool, GeoVic, can be used to determine what ground is available for a new licence application.

Application process

The following is an overview of the application process for a prospecting licence.

Application submission

To be considered valid, a prospecting licence application must contain all the information listed in Schedule 4 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; or
• is exempted from licences or applications (includes National and State parks); or
• is currently subject to a tender process.

A prospecting licence application can be made over land within an existing exploration licence or retention licence or that subject of an application unless (see section 15(1A)(ca) and section 15(1A)(cb)):

• the applicant is also the holder of, or applicant for an exploration or retention licence; or
• the written consent of the exploration or retention licence holder/applicant accompanies the application; or
• an application for section 25A exploration licence holder consent waiver, if the exploration licence has been registered for more than two years and consent is unable to be obtained.

A prospecting licence cannot be applied for over land that is already covered by a prospecting licence or mining licence, or an application for a prospecting or mining licence.

A voluntary Compliance declaration can be completed, allowing applicants to declare compliance matters upfront. By completing the declaration, Resources Victoria can determine eligibility for fast-track processing based on past performance. Applicants who don’t complete the declaration will not be eligible for fast-track processing.

Crown land and Native Title requirements

To comply with the provisions of regulation 13(c) of the Regulations the applicant must advise if the application includes Crown land, and if so, how the applicant proposes to comply with the Native Title Act 1993 (NTA) of the Commonwealth or the Traditional Owner Settlement Act 2010 (TOSA).

For introductory information, applicants may refer to the Mineral tenements and the Native Title Act 1993 and the Traditional Owner Settlement Act.

Before submitting an application, the following Native Title options should be considered, as a selection must be made in the RRAM Portal during the application process.  As there may be a Native Title assessment fee associated with each option, the applicant should ensure they are selecting the compliance option relevant to their application area.

Option 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.

Option 2
Retain the Crown land and comply with the Right to Negotiate provisions of the NTA.

Option 3
Retain the Crown land and reach an Indigenous Land Use Agreement under the NTA.

Option 4
Retain the Crown land and comply with the relevant Land Use Activity Agreement (LUAA) under the TOSA.

If you think options 2-4 apply to you, find more detail on Traditional Owner Settlement Acts and Land Use Agreements, or email nativetitle.err@deeca.vic.gov.au.

Request for further information

An applicant for a licence must provide any additional information about the application that is requested in writing by the department, within 14 days after receipt of the request or any longer time allowed by the department. It is important to note that the application will lapse if the information is not provided to the department within the time required.

Ranking and acceptance

If an application is the only one received on a day in respect to an area of land, and it is accepted by the department, the applicant will be advised that it is the highest ranked application and that it will be assessed as required by the Act. The applicant will also be advised that they must, within 14 days, advertise the application in accordance with the Regulations as required under section 15(5) of the Act.

There is a statutory timeframe of 90 days for a decision to be made on a prospecting licence application which the department endeavours to meet. This timeframe starts upon acceptance of the application and does not include time when the applicant is undergoing the Native Title process, when the applicant is undertaking a requested task.

Competing prospecting licence application

Should more than one application for a licence in respect of the same land be received on the same day, the applications are considered competing applications, and they will be ranked in accordance with section 23 of the Act.

Should a prospecting licence application be competing with an exploration licence application, then written consent will be sought from the exploration licence applicant to:

• excise the area of the prospecting licence; or
• allow the granting of the prospecting licence as per section 15(1A)(ca)(ii) of the Act.

If the applicant for the exploration licence does provide consent, then both licences can be granted, and a competing application scenario will be avoided.

To learn more about the requirements and how to address the above criteria, see the Competing application policy.

Advertising

Once an applicant is advised that their application has the highest ranking, it is a requirement that the applicant advertise the licence application within 14 days. This is to notify the public of the application and to provide an opportunity for them to make a comment or lodge an objection.

Regulation 22 requires that:

• a notice containing the information set out in Part 1 of Schedule 1 is published in:
  • a newspaper circulating in each locality where all or part of the area that is the subject of the licence application is located.

The department will also publish the prospecting licence application on the have your say on new licence applications page.

Objections or comments can be lodged via the RRAM Portal and must be received within 21 days of the last advertisement.

Native Title process

Should the licence application include Crown land and option 2, 3, or 4 has been selected to address the requirements of the NTA and/or the TOSA then the application will undergo the Native Title process. This process is managed by the department and may include the following:

• A Future Act Assessment
• Consent to an existing Land Use Activity Agreement (LUAA)
• Public or direct notification; and/or
• Negotiation between the applicant and the Traditional Owner Party to finalise a section 31 Deed (under the Native Title Act 1993) or a schedule 3 agreement (under the Traditional Owner Settlement Act 2010, where the proposed work falls outside the agreed conditions within a Land Use Activity Agreement.

During the process the department will be in regular communication with the applicant and seek updates regarding the progress of any negotiations.

For further information, applicants may refer to the Mineral tenements and the Native Title Act 1993 and the Traditional Owner Settlement Act.

Assessment

Following completion of the Native Title process the department will assess the information provided for the licence application as required under the Act and Regulations to determine whether to recommend that the Minister (or delegate) grant or refuse the licence application.

The applicant is required to satisfy the Minister that they:

• are a fit and proper person to hold the licence; and
• intend to comply with the Act; and
• genuinely intend to do work; and
• have an appropriate program of work; and
• are likely to be able to finance the proposed work and rehabilitation of the land.

To assist with your application, review the Fit and proper person policy, and the Financial capability policy.

The information used to assess applications includes:

• information provided in the application
• information provided in the supporting documentation to the application
• information gathered by the department, including any clarification required on information provided in the application or information provided in the supporting documentation to the application; and
• the objections and comments received as a result of the advertising process.

Decision on the application

If an applicant for a prospecting licence has met all of the requirements their application may be approved and a prospecting licence granted, allowing the licence holder to undertake prospecting for minerals.

Advice on the grant or refusal of the licence application will be provided to those that objected or commented on the application during the advertising period.

Should the licence application not be at the required standard the department will provide the applicant with an opportunity to address any deficiencies through a notice of intent (NOI) to refuse the application. Should the response be satisfactory the NOI may be withdrawn and the application progress towards grant. However, should the response not be satisfactory the licence application may be refused, and the area will enter a 28-day moratorium period before new applications can be lodged over the area.

Mining Warden

Should there be a dispute, as defined under the Act, it can be referred to the Mining Warden for investigation, an attempt to settle, or arbitrate in relation to the matters in dispute. Where appropriate, the Mining Warden may make recommendations to the Minister concerning the matters in dispute.

Learn more about the role of the Victorian Mining Warden or email miningwarden@miningwarden.vic.gov.au with any queries.

Meet the application requirements

This section will cover the requirements for a prospecting licence application under the Act and the Regulations, specifically regulation 13 and 16, and the expectations regarding the information to be submitted.

All applications are to be submitted via the department’s RRAM Portal. To assist applicants in submitting only full and complete applications, the RRAM Portal will require:

• all mandatory fields to be populated, and all mandatory documentation to be uploaded before an applicant can proceed to the next section of the application; and
• a final review of the application and its attachments is undertaken prior to submission.

Applicants should note that:

• the department may disclose information provided on the application form to another government organisation for the purposes of administering or enforcing the Act or a relevant Act; and
• Section 117 of the Act provides that a person must not, by any false statement, misrepresentation or other dishonest means, obtain or attempt to obtain a licence. Penalties apply.

General information

Applicants for a prospecting licence under the Act will be required to input the following details.

Contact details (Regulation 13(a))

Each applicant must provide their full name, address, contact phone number and email address. If the applicant is an incorporated company, enter the name and ACN (Australian Company Number). A Post Office (PO) Box address is not acceptable but may be used for the correspondence address.

Applications made by agents or other persons on behalf of companies or individuals must be accompanied by a signed authorisation by the applicant(s) allowing them to act on their behalf with respect to the licence application and should indicate if the agent is to be the contact point for all enquiries regarding the application.

Applications made under trading names are not acceptable and applications made by an unincorporated company will be invalid.

ASIC registration (Regulation 13(b))

Applications made by a company must be accompanied by a full and valid Current Company Extract issued the Australian Securities and Investment Commission (ASIC) detailing the following information:

• Organisation details
• Address details
• Officeholders and other roles.

Crown land (Regulation 13(c))

The applicant must propose how they will comply with the Native Title Act 1993 of the Commonwealth or the Traditional Owner Settlement Act 2010 if the application is to include Crown land.

Refer to Crown land and Native Title requirements in these guidelines for further information.

Term of the licence (Regulation 13(d))

Applicants must include the requested term for the licence in years. For a prospecting licence the maximum term is 7 years.

A prospecting licence cannot be renewed.

Minerals (Section 15(1BA))

An application for a licence must specify the mineral or minerals to which the licence will relate. It is not a requirement to describe a mineral resource as part of the application.

Area (Section 15(1) and Regulation 16(a))

An application must contain, the area, in hectares, of land that is the subject of the prospecting licence application. The application area cannot exceed 5 hectares.

As listed in Section 15 (1A)(g) of the Act, there are some other restrictions regarding the area of a prospecting licence:

• A prospecting licence cannot abut an adjoining prospecting licence.
• Applicants with multiple prospecting licences must ensure that the total area of the licences does not exceed 20 hectares.

If you require any clarification with regard to the licence area, email licensing.err@deeca.vic.gov.au.

Survey boundary of land (Section 15(1BH) and Division 3A)

A prospecting licence application may be required to 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 28(2) and Schedule 3 of the MRSDMIR.

1:25 000 map (Regulation 16(b))

Applicants must also separately upload a map (1:25 000 scale) that clearly shows the land applied for including:

• boundaries of private and Crown land; and
• any agricultural land.

This map can be generated using our free online mapping application.

An ESRI shape file of the boundary of the licence application area should also be included.

Fit and proper person assessment

To comply with Section 16 of the Act, applicants for a retention licence must satisfy the Minister, among other matters, that they are a fit and proper person to hold a licence. Applicants should refer to the Fit and Proper Person policy (the Policy) to understand all the factors that the Minister or their Delegate will evaluate in assessing applicants.

The Fit and Proper questionnaire (the Questionnaire) is the primary means used to assess an applicant’s fit and proper person status, however the department may also make independent enquiries in assessing a person’s status as a ‘fit and proper person’.

After referring to the Policy, applicants will be required to upload:

• A completed Questionnaire to the application which is signed by the Applicant as well as by all of the Associates to the Applicant, and
• Supporting documents to the completed Questionnaire including Police Checks for the Applicant and all of the Associates to the Applicant.

Applicant: is the company, body corporate, or natural person who is seeking a licence. Any subsequent licence, if granted, would be in this name only. It is important that any person completing the questionnaire on behalf of a company has the authority to submit on behalf of the company.

Associates: are defined in the Act as a:

• Company Director
• Secretary
• Partner
• Trustee
• Executive officer
• All other officers or persons associated or connected with the ownership, administration or management of the applicant's business. (i.e. those with the ability to control or influence the direction of the business).

All Associates must be listed, along with their role, and each person will be assessed. An individual’s fit and proper person determination may be impacted by the conduct and history of their associates. The department relies on the applicant to nominate and make all reasonable enquiries of relevant associates. However, the department may conduct verification audits of the checks you have undertaken.

Proposed program of work

Applicants for an exploration licence under the Act must satisfy the Minister, among other matters, that:

• Per the requirement of Section 15(6)(ba) of the Act, they genuinely intend to do work; and
• Per the requirement of Section 15(6)(c) they have an appropriate program of work.

Applicants must submit a Proposed Program of Work with their application that includes the following information as stated in regulation 16(d) of the Regulations.

Work program activities (Section 15(6)(c) and (Regulation 16(d))

The applicant should provide a proposed program of work for each year of the licence. It should describe the type of exploration and/or mining activities to be undertaken on the licence.

The work program should include a map showing the location of the proposed works in relation to the boundaries of the application area.

Community engagement (Section 39A) and (Regulation 16(d)(ii))

It is recommended that the proposed program of work includes a community engagement plan, to demonstrate how the applicant will engage proactively, openly, and fairly with land holders and the local community.

• Activities may include:
  • the use of land access agreements
  • participation in local community events; or
  • one-on-one engagement activities.

Should a community engagement plan not be provided, the applicant may be asked to provide one.

Review the Community engagement guidelines for mining and mineral exploration for further information.

Traditional Owner engagement (Section 39A) and (Regulation 16(d)(ii))

Irrespective of if the application area includes Crown land, the applicant should engage Traditional Owners around the exploration works that will occur within the area. While the works may not impact Native Title rights if they are not on Crown land, there may still be an impact on country and cultural heritage, which may be significant to local Traditional Owners.

Traditional Owners connection to country continues beyond the boundaries of Crown land and as such engagement should also continue beyond these boundaries. Further information can be found in the Principles for community engagement.

Annual expenditure (Regulation 16(e))

Applicants must provide a detailed estimated annual expenditure for the first 2 years of the licence to undertake the proposed program of work and rehabilitation, and the total expenditure for the term of the licence.

The minimum expenditure required on a prospecting licence is:

• $15,000 per year for metallic minerals; and
• $5,000 per year for non-metallic minerals.

Expertise and experience (Regulation 16(g))

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 (e.g. geologist, engineer).

The applicant must provide the qualifications and experience of any technical advisors, employees or contractors, that will be undertaking or supporting the exploration activities over the duration of the licence. For each technical advisor clearly state the following:

• their role
• their qualifications, including any university degrees
• their years of relevant exploration and/or mining experience; and
• their relevant experience in undertaking exploration and/or mining activity, including community engagement and rehabilitation.

For advisors that are not employees of the applicant, a signed statement by the technical advisor agreeing to act for the applicant must be provided with the application.

Financial capability

To comply with Regulation 16(f), applicants are required to demonstrate that they will be able to finance their proposed work program and site rehabilitation.

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

• hold enough funds to rehabilitate any land subject to their proposed work program for the period of a licence (in addition to any rehabilitation bonds held by the department); and
• hold or control enough funds to conduct the first two years of their proposed work program
• hold or control enough funds for their proposed work programs, rehabilitation, rent and royalties for the next two years on all licences already held and all other applications; and
• demonstrate a clear and firm pathway to source further funds to complete their proposed work program.

The application process will allow applicants to upload documentary evidence, and Resources Victoria will consider any relevant written evidence provided by an applicant, such as (but not limited to):

• Company (with an audited financial statement)
  • Net equity (obtained from the balance sheet of the audited financial statements)
  • Line of credit from a recognised financial institution
  • Prospectus (must be underwritten).
• Individual or Company (without an audited financial statement)
  • Bank statement that is no older than six months
  • Professional expertise in lieu of expenditure
  • Line of credit from a recognised financial institution
  • Prospectus (must be underwritten)
  • Share certificates.

Compliance with the Act

Applicants for a prospecting licence under the Act must satisfy the Minister, among other matters, that, per the requirement of Section 15(6)(b) of the Act, they intend to comply with the Act.

There are further administrative requirements for applicants to consider when completing the application and to ensure applicants comply with the MRSDA and MRSDMIR that are listed below.

Licence term (Regulation 13(d))

The applicant must nominate the term for the prospecting licence, up to a maximum of 7 years. Once it expires, it cannot be renewed.

Application fee (Regulation 19(3))

The appropriate fee(s) will be calculated, and payment must be made before the application will be received by the department. The application fee(s) can be paid online by credit card or a bank transfer.

For a list of the current fees, see Licensing, fees and charges.

Supporting documents

The applicant must upload the following supporting documents in the RRAM Portal:

• current Company Extract issued the Australian Securities and Investment Commission (ASIC)
• Fit and Proper Person Questionnaire and any supporting documents
• map that indicates the land applied and location of proposed work
• proposed work program and any supporting documents
• evidence of financial capability and any supporting documents.

Withdrawing a licence application

An application can be withdrawn in whole or part through the RRAM portal or by submitting a signed notice of withdrawal to Resources Victoria.

Any land that is withdrawn after the application has been ranked, will be marked as ‘moratorium’ in GeoVic and may be available for application after 28 days.

Applicant’s personal data

Any personal information provided as part of your licence application is collected, used and stored by the Department of Energy, Environment and Climate Action (DEECA) for the purpose of assessing and facilitating your application(s), and to assist in the performance of duties under the Mineral Resources (Sustainable Development) Act 1990 (the Act) and associated Regulations.

Your requirements for holding a licence

Prospecting licence holders must comply with their licence conditions and a range of legislative requirements related to:

• the activities being undertaken
• annual reporting
• payment of invoices
• payment of a rehabilitation bond
• community and Traditional Owner engagement
• adherence to Deeds under the Native Title Act and land use activity agreements under the TOSA.

The department regularly monitors licences and licensees to ensure they are complying to a satisfactory standard, failure to do so may result in the refusal of a renewal or enforcement action such as an Infringement Notice, prosecution, or in extreme cases, the licence being cancelled.

It is recommended that the department be notified of any major changes to the proposed program of work to ensure that the licence remains compliant with requirements.

Before work can commence

Before undertaking any work on the land covered by a prospecting licence, the holder must adhere to the requirements as listed in section 42 of the Act and summarised below.

Work on a prospecting licence

A range of notifications, approvals or consents will be required before work can commence. Requirements include:

• Have an approved work plan (if required)
  • A work plan is not required for low impact exploration. In this instance, work must be undertaken in accordance with the Code of practice for mineral exploration. You must provide the Notice of intention to commence exploration work to the Chief Inspector.
  • A work plan is not required if the work does not involve underground operations, blasting, clearing of native vegetation, or the use of chemical treatments. In this instance the work undertaken must be in accordance with the Code of practice for low risk mines.
  • The Preparation of work plans and work plan variations guidelines provides guidance on the preparation of work plans, work plan variations, and work plan notifications for mining licences to meet the requirements of the Act and associated regulations. For further information or advice email the assessments team at workplan.approvals@deeca.vic.gov.au.
• Prepare a statement of economic significance if the licence is on agricultural land and is not owned by the licensee in accordance with section 26A of the Act.
• Enter into a rehabilitation bond in accordance with section 80 of the Act.
  • You must lodge the rehabilitation bond with the department. See Rehabilitation bonds - minerals exploration, mines and quarries for further information.
• Obtain public liability insurance as required under section 39(5).
  • You must be insured under a policy of public liability insurance in respect of doing work under the licence. Working without public liability insurance will incur an infringement penalty. The insurance policy must not exclude any work activity that is authorised by the approved work plan or the licence.
• Provide seven days’ notice, in writing, of the intention to commence work.
  • Notice is to be provided to Resources Victoria and the owners and occupiers of the land affected.
• If applicable, land affected is private land.
  • Licensee has obtained written consent of all owners and occupiers of land affected.
  • Compensation agreements have been made and registered and determined under Part 8.
  • Licensee has purchased the land affected.
• Obtained all the necessary consents, including planning approval.
  • Consent should be obtained from the owners of the land and must be provided to the department for registration before work can commence.
  • Any consent under section 45 or authorisation under section 46 has been registered.
• Comply with any licence condition to provide an environmental offset.
  • Section 26(2)(d) allows the Minister to impose a licence condition to provide an environmental offset.

Licence conditions

The registered licence instrument is issued following the grant of an exploration licence and includes the standard schedule of conditions and the following associated licence conditions:

• Minimum expenditure
  The licensee must expend per year on work in the licenced area, unless this requirement is varied, in accordance with the Act.

• Comply with Traditional Owners if having consented to a land use activity agreement
  The licensee must comply with the conditions of any agreement related to this licence between the licensee and a Traditional Owner Corporation under a land use activity agreement pursuant to section 31(3) of the Traditional Owner Settlement Act 2010.

A licence may be subject to further conditions which will be applied on a case-by-case basis.

Cultural heritage

Cultural heritage in Victoria can be in the form of objects, places or traditions that are connected to the people and history of the state. This includes both Aboriginal and non-Aboriginal cultural heritage. Cultural heritage in the State of Victoria is protected by the Aboriginal Heritage Act 2006, Heritage Act 2017, and the Underwater Cultural Heritage Act 2018.

Standard licence conditions for exploration licences typically state the licensee must ensure Aboriginal and non-Aboriginal heritage is not harmed as a result of works undertaken within the licence area.

Cultural heritage can be harmed during low impact exploration as a result of something as simple as driving vehicles across tracks or performing hand-augering for soil sampling. It is important to consider cultural heritage before commencing works. There are some exploration activities which are unlikely to harm cultural heritage such as reconnaissance for mapping or pedestrian (walking) survey without soil collection. Helpful links for geotechnical testing and cultural heritage, finding heritage advisors, cultural heritage permits, and maps are provided below. These resources will assist you in avoiding harm to cultural heritage.

Aboriginal cultural heritage links

Cultural Heritage Management Plan resources for Heritage Advisors
Find guidance for Heritage Advisors on preparing Cultural Heritage Management Plans (CHMPs), conducting assessments and drafting conditions, as well as templates and approved forms.

Victoria's Registered Aboriginal Parties
Victoria's Registered Aboriginal Parties, including an online map to find a RAP for an area of Victoria.

Heritage advisors
Understand the role of Heritage Advisors and how to find one.

Non-Aboriginal cultural heritage links

Find a heritage consultant
Learn about what type of consultant you might need for your project

Is my place heritage listed?
Find out whether a property is listed on the Victorian Heritage Register, the Victorian Heritage Inventory or is affected by a Heritage Overlay in a local planning scheme.

Do I need a heritage permit?
Find out if you need a heritage permit for your project

Reporting

A granted prospecting licence will have a reporting date listed in the licence conditions and must report on any mining (or exploration) activities annually.  Annual expenditure and activities return, and Production and Royalty return are to be submitted via the RRAM portal.

See our tutorial videos for the RRAM Portal that provide guidance on completing reporting.

Expenditure and activities return (Regulation 54 and 56)

A condition of the licence is to 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.  The report should detail the work carried out on the licence and the associated expenditure, including details of mining work, environmental management activities, any land disturbance and rehabilitation.

Production and royalty return (Regulation 8 (2))

The holder of a prospecting licence must complete a production and royalty return via the RRAM portal within 30 days of 30 June each year.

Native Title work summary

If an applicant has consented to Schedule 4 of the Dja Dja Wurrung Land Use Activity Agreement (LUAA) or the Taungurung LUAA they will have to comply with the conditions of the Schedule.

Under ‘Information’ section of Schedule 4:

• The Titleholder shall provide a summary of all site works completed on Agreement Land to the Department as part of the annual reporting process.
• The licence holder is required to submit a separate ‘Native Title Work Summary’.

The summary should advise whether Crown land was accessed, whether the relevant Traditional Owner Corporation was provided the required notice, and the type of works undertaken - for example, soil sampling, survey, or drilling.

Rent

The holder of a prospecting licence is required to pay rent annually for the period ended 30 June. Rent is payable by 28 July annually. Refer to our fees and charges page for the current rates. An invoice for the rent due will be issued by the department.

Rehabilitation

The Act requires that a licensee must rehabilitate the land in accordance with the conditions of the licence.

Preparation of rehabilitation plans - Guidelines for mining and prospecting provides information to assist licensees for mining and prospecting licences to develop rehabilitation plans that meet regulatory requirements in Victoria and achieve sustainable rehabilitation outcomes. Download the guidelines below.

Exploration and rehabilitation of mineral exploration sites
Refer to these guidelines if exploration activities have been undertaken on the prospecting licence.

Make changes to your licence

Licensees have the option to vary their licence, which may include transfer, variation or addition of a licence condition.

The licensee can initiate these changes via the RRAM portal.

6.1    Transferring a licence (Section 33)

A licence may be transferred by an instrument approved by the Minister. For a transfer request to be considered, the licensee needs to ensure the following:

• the transfer form is signed by both the transferor and transferee
• all outstanding fees, bonds, or rent relating to the licence
  • have been paid; or
  • the proposed transferee has agreed to pay the outstanding amounts.
  • any outstanding returns have been submitted.
• if the licence has a work plan, the work plan is adequate.

The transfer has no effect until it has been approved and registered, upon which all rights and obligations under the licence are transferred to the transferee.

For any questions about transferring a licence, contact the licensing team by emailing licensing.err@deeca.vic.gov.au.

Variation of licence (Section 34)

A licence can be varied, a licence condition can be varied, or revoked, or a new condition can be added under the following circumstances:

• by the Minister following consultation with the licensee; or
• at the request of the licensee, which can be initiated in the RRAM Portal.

Surrender or cancel your licence

A licence may be surrendered, in full or in part or cancelled by the Minister.

Surrendering a licence (Section 37)

A licensee may, with the consent of the Minister, surrender the licence, in whole or in part, by notice in writing using the approved form.

To initiate a surrender, email the licensing team at licensing.err@deeca.vic.gov.au.

The Notice of Surrender should be signed by all licensees and be accompanied by a surrender request from an official company email or a document with the company letterhead. The surrender request should include a reason for the surrender and confirmation that rehabilitation has been completed.

A surrender request may not be progressed until all outstanding matters have been addressed, including payment of outstanding fees, or submission of expenditure or technical reports.  A surrender has no effect until the notice of surrender is registered.

Cancellation of a licence (Section 38)

The Minister may cancel a licence where the licensee has:

• not substantially complied with this Act or the regulations; any licence or work plan condition; or any relevant planning scheme or permit
• unreasonably delayed in trying to obtain any necessary consent or other authority
• endangered the public or an employee on or near the land covered by the licence; or
• undertaken work on land otherwise than in accordance with the work plan.

If considering cancellation of the licence, the Minister must provide the licensee with an opportunity to provide reasons why the licence should not be cancelled. These reasons will be considered in deciding to proceed with the cancellation or withdraw the intention to cancel the licence.

A cancellation has no effect until the instrument of cancellation is registered.

Page last updated: 10 Sep 2025