Exploration licence guidelines

Overview

Purpose

Resources Victoria, in the Department of Energy, Environment and Climate Action (DEECA, the department) regulates minerals exploration 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 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 retention licences in relation to statutory requirements.

This guideline will provide detail on:

• Background to the exploration licence.
• The application process for an exploration licence.
• The requirements of an exploration licence application.
• Post grant activities.
• Renewals and changes to licences.

Background

An exploration licence gives the licence holder exclusive rights to explore for specific minerals within a specified licence area. Exploration for minerals may involve:

• conducting geological mapping, geophysical survey and geochemical sampling
• drilling, mineralogy, petrology and other studies
• removing minerals from the land, other than for the purpose of producing them commercially
• anything else (except mining) that is specified in the licence.

An exploration licence does not permit mining, nor does it guarantee that a mining licence will be granted.

The area of an exploration licence may not be less than 1 nor more than 500 graticular sections, unless the Minister is satisfied with the applicant’s rationale for an area greater than 500 graticules and decides to allow it.

Applications will not be accepted for land which is exempted, already covered by a licence, or subject to an application for a licence, unless the applicant and the licensee are the same party or consent has been provided by the existing licensee.

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 an exploration licence.

Application submission

An applicant should review the application area in GeoVic to ensure that on the day of application, the land which is the subject of the exploration licence application is not already covered by a licence or subject to an application for a licence, unless the applicant and the licensee are the same. It should be noted that there may be a delay in a new licence application being displayed in GeoVic which may mean that the area is no longer available. Should this be the case, you will be advised before receipt of your application.

All applications are to be submitted via the department’s RRAM Portal, Resource Rights Allocation and Management system. To help you use the RRAM Portal there are several RRAM tutorial videos available.

An applicant is required to submit a completed application, uploading all supporting documentation, and pay the application fee.

An ESRI shape file of the boundary of the application area should be included with the supporting documentation.

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.

The department receives all applications and advises applicants if their application has been accepted.

Only valid applications will be accepted. To be considered valid, an exploration licence application must contain all the information listed in Regulations 13 and 14 of the Regulations and any relevant sections of the Act. An application cannot be made over land that:

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

At any stage an applicant for a licence may withdraw the application, either in whole or in part, by delivering a signed notice of withdrawal to the department.

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 Compliance 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 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 and when the applicant is undertaking a requested task (i.e. responding to request for further information).

Competing applications

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.

The highest ranking will be given to the application that will best further 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).

Relative merits of the application

The relative merits of each application will be assessed against the following criteria using the information provided at the time of submission:

• Geological rationale, location and justification.
• Work program activities, timing and expenditure.
• Industry and geological expertise and experience.
• Community engagement activities and expertise.
• Traditional Owner engagement activities and expertise.

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

Likely ability to meet the requirements specified in section 15(6)

Section 15(6) of the Act states that an applicant for a licence must satisfy the Minister that the applicant:

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

Should the applicant be assessed as “not likely to meet the requirements specified in section 15(6) of the Act” then their application will be precluded from being the highest ranked application.

The applicant with the highest ranked application will be more thoroughly assessed against the requirements specified in section 15(6) of the Act during the licence application assessment prior to a decision to grant or refuse the licence application.

Lower ranked applications

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 provides consent, then both licences can be granted, and a competing application scenario will be avoided.

If written consent isn’t received, the applications will be ranked in accordance with section 23 of the Act.

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; and
  • other than the map described in item 6 of Part 1, in a Wednesday edition of a newspaper circulating generally in Victoria.
• the information set out in Part 2 of Schedule 1 is published on an Internet site maintained by the applicant for at least 21 days after the latest date on which the application was advertised.

The department will also publish the exploration 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 or a Schedule 3 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 application 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 an exploration licence has met all of the requirements their application may be approved and an exploration licence granted, allowing the licence holder to undertake exploration for minerals. The activities may include low impact exploration as defined under Schedule 4A of the Act, and in the Code of practice for mineral exploration. If the activities are not low impact, then a work plan will be required. For further information, refer to the Work plan guidelines for exploration licences.

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 an exploration licence application under the Act and the Regulations, specifically regulation 13 and 14, 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 an exploration 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 by 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. The maximum term for an exploration licence is 5 years.

Minerals (Section 15(1BA))

An application for a licence must specify the mineral or minerals to which the licence will relate.

Area (Regulation 14(a))

An application must contain, the area, in graticular sections, of land that is the subject of the exploration licence application.

A graticular section means the 1000 metre interval block based on the Map Grid of Australia 1994 derived from a Universal Transverse Mercator projection of Geocentric Datum of Australia 1994 (GDA) latitudes and longitudes that are based on the datum (GDA) defined in the notice of Inter-Governmental Committee on Surveying and Mapping published in Commonwealth Government Gazette Number GN 35 of September 1995 at page 3369.¹

Please ensure you have used the appropriate zone, either zone 54 for the west of the state or zone 55 for the east of the state.

There are restrictions on the shape of a licence application:

• It must constitute a single area
• All full or part graticular section blocks within the application area must have at least one side in common with another full or part block

This means that application areas made up of spatially separated areas or with blocks that have a corner in common will not be accepted.

_{1 Declared in the Victorian Government Gazette number G22-05 of 2 June 2005 as required under section 7A of the Act.}

Exploration licence examples

Area map example A
The outer boundary of the area is in one continuous line and all graticular blocks have one side in common. This example will likely meet requirements and be accepted.

Area map example B
The area consists of multiple parts joined at the corners and not all graticular blocks have one side in common. This example is unlikely to meet requirements and may not be accepted.

Area map example C
The area consists of multiple parts that are separated and not all graticular blocks have one side in common. This example is unlikely to meet requirements and may not be accepted.

1:100 000 map (Regulation 14(b))

Applicants must also separately upload a map (1:100 000 scale) that clearly shows the land applied for and the graticular sections. Maps 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.

Further to the provisions of Section 13(e), (f) and (g) of the Regulations, 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 14(c) of the Regulations.

Geological rationale (Regulation 14(c)(iii-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 appropriate references
• 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.

Work program activities and timing (Section 15(6)(c) and (Regulation 14(c)(i, ii and v))

The applicant should provide a proposed program of work for each year of the licence, clearly outlining the planned activities and associated expenditure. The applicant should 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. Expenditure calculations should be appropriate for the proposed program of work as they will need to be substantiated in your annual expenditure and activities return.

Examples of such activities may include but are not limited to:

• Office based:
  • literature search, general research, database compilation, computer modelling, reprocessing of data, geological and geophysical interpretation, mineral resource/reserve estimate.
• Surface/on-ground activities:
  • 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:
  • drilling, costeaning, bulk sampling; and related geochemistry, mineralogy, and petrology.

Community engagement (Section 39A) and (Regulation 14(c)(i))

The applicant should detail the proposed community engagement activities and their experience and history in conducting such activities to demonstrate how they will engage proactively, openly, and fairly with land holders and the local community. The engagement activities proposed should be commensurate with the exploration activities being undertaken and examples of previous community engagement activities and outcomes should be provided.

Activities may include:

• the use of land access agreements
• periodic public communications:
  • newsletters
  • website updates
  • local media releases.
• participation in local community events; or
• one-on-one engagement activities.

If applicable, include details of any accredited individuals employed - for example, International Association for Public Participation (IAP2).

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

Traditional Owner engagement (Section 39A) and (Regulation 14(c)(i))

Irrespective of if the application area includes Crown land, the applicant should engage Traditional Owners around the exploration works that will occur within the tenement 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. Examples of previous engagement with Traditional Owners and the activities and outcomes undertaken in relation to mineral exploration should be provided.

The applicant should detail the proposed traditional owner engagement activities and their experience and history in conducting such activities to demonstrate how they will engage proactively, openly, and respectfully with Traditional Owners and Native Title parties.

Activities may include:

• Involvement of Traditional Owners to understand areas of cultural sensitivity, or in developing a work program; or
• Engagement of Traditional Owner Corporations or Aboriginal-owned businesses to provide services, or Aboriginal employment programs.

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.

Expenditure (Regulation 14(d))

Applicants must provide the estimated annual expenditure for each year of the licence to undertake the proposed program of work and rehabilitation. For higher ranked competing applicants, the applicant will be held to the proposed expenditure submitted with the licence application, instead of the minimum expenditure requirements.  It should also be noted that for higher ranked competing applicants, the expenditure cannot be varied during the term of the licence.

The department has expenditure guidelines for exploration licences, and the minimum requirements are listed in the table below.

Expertise and experience (Regulation 14(f), 14(g) and 14(h))

Applicants must include details of their experience in exploration and mining activities and associated rehabilitation. Clearly describe similar exploration or mining projects, the ability to achieve milestones, the size and makeup of project teams, engagement with land holders, local communities, and Traditional Owners, and a history of compliance with the Act or similar legislation in other jurisdictions.

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 experience in the mineralisation style being explored, including JORC competency
• their relevant experience in undertaking exploration and/or mining activity, including community engagement and rehabilitation; and
• their current membership(s) of a related industry association (listed in the Victorian Government Gazette), including their membership number(s).

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 14(e), 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 tenements 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 an exploration 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 period for which the licence is required. Considerations may include the size of the exploration licence, the exploration program schedule and the time required to obtain all necessary consents. The maximum term for an exploration licence is 5 years with up to two renewals possible, for a period of 5 years or a lesser period as determined by the Minister.

The second renewal may only be granted where there are exceptional circumstances and where the Minister is satisfied that there is a likelihood of the licensee identifying minerals in the land covered by the licence during the period of the renewal.

Preferred annual report date (Regulation 14(i))

The applicant must indicate the preferred annual reporting date of 31 March, 30 June, 30 September or 31 December.

If a licence is granted, the annual Activity and Expenditure Return and the annual Technical Report, must be submitted within 28 days after the specified reporting date.

Application fee (Regulation 19(1))

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 by the Australian Securities and Investment Commission (ASIC)
• Fit and Proper Person Questionnaire and any supporting documents
• Map that indicates the land applied for and shows graticular sections
• 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.

Your requirements for holding a licence

Exploration 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 licenses 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 an exploration licence the holder must adhere to the requirements as listed in section 43 and 44 of the Act and summarised below. Further information can be found in the Code of practice for mineral exploration available for download below.

Reconnaissance activities

Reconnaissance activities do not involve the use of equipment (other than hand tools) to excavate the land, the use of explosives, or the removal of trees or shrubs. These activities include geological mapping, geochemical sampling of rock chips and soil sediments (collected using hand tools), non-ground intrusive geophysical surveys, and airborne geophysical surveys.

Before undertaking reconnaissance activities, the licensee must have completed the following:

• If you intend to work on private land (including under the land to a depth of 100m) you must obtain the written consent of the owners and occupiers; or make compensation agreements with them; or by agreement, purchase the land
  • All compensation agreements need to be provided to the department for registration prior to commencing work
  • Reference the agreeing access to private land page and the consent agreement
  • Compensation disputes may be resolved by the Land Valuation Division of the Victorian Civil and Administrative Tribunal (VCAT) or referred to the Supreme Court.
• If you propose to work on restricted Crown land you must obtain consent from the Crown land Minister
  • 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, for an amount of at least $10 million. 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.

Low impact exploration activities

Low impact exploration activities are defined under schedule 4A of the Act and in the Code of practice for mineral exploration (the code). These activities have low social and environmental impacts and may include the drilling for core samples, the construction of tracks, and the limited removal of certain native vegetation. A work plan is not required for these activities, however, the licensee is required to adhere to all standard licence conditions and comply with the code.

Before undertaking low impact exploration activities, the licensee must meet the requirements for reconnaissance activities and also completed the following:

• Enter into a rehabilitation bond in accordance with section 80 of the Act.
  • The initial rehabilitation bond for an exploration licence is $10,000 but this may be increased during the term of the licence depending upon the activity to be undertaken. You must lodge the rehabilitation bond with the department.
    See Rehabilitation bonds - minerals exploration, mines and quarries for further information.
• If applicable, obtain consent for working near a dwelling.
  • This is required when the work is within 100 metres laterally of a dwelling or within 100 meters below any prohibited area as defined in section 45 of the Act.
  • 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
• 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.

Activities that are not low impact exploration

If the activities do not meet the requirements of low impact exploration, then there are further obligations before work can commence, including:

• Have an approved work plan.
  • The Preparation of work plans and work plan variations provides guidance on the preparation of work plans, work plan variations, and work plan notifications for mineral exploration projects to meet the requirements of the Act and associated regulations.
• 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 in connection with exploration of the land minimum expenditure for each year of the term of the licence. The required expenditure may be varied on the second and fourth anniversaries (as applicable) of the licence grant if the area of the licence is decreased in accordance with section 38A of the Act.

• Annual reporting date selected
  The reporting date as provided in the licence application (section 4.5.2).

• 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 exploration licence will have a reporting date listed in the licence conditions.  Your annual expenditure and activities return and your technical report on exploration activity are to be submitted via the RRAM Portal.

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

Annual expenditure and activities return

An expenditure and activities return must be submitted within 28 days after the annual reporting date of the licence. One expenditure and activity return per licence must be submitted.

Licence holders are required to report their expenditure on activities related to their exploration program in the RRAM Portal, for the given licence, on an annual basis for the reporting year. The expenditure needs to be attributed to the relevant activity under the correct category. Excessive overheads will not be accepted and will be investigated. The Exploration licence expenditure policy provides more detailed descriptions on how to correctly assign your expenses and what can and cannot be included.

The department will monitor reported annual expenditure against estimated expenditure requirements set out in the conditions of the exploration licence. Licence holders may be asked to provide justification and supporting documentation to verify the expenditure being reported.

Licence holders should provide explanations if the actual spend does not meet or exceed the estimated expenditure requirements. Should the actual spend be substantially lower, Resources Victoria may ask the licence holder to demonstrate their genuine intent to do work. If the licence holder has not made progress against their proposed program of work and rehabilitation, the licence holder may be asked to demonstrate their ongoing ability to meet the following requirements specified in section 15(6), (b), (ba), (c), (d) of the Act, namely that:

• genuinely intend to undertake the work set out in their proposed program or work and rehabilitation
• intend to comply with the Act
• are likely to be able to finance the proposed program of work and rehabilitation.

Technical report on exploration activity – annual, partial relinquishment and final reports

Reports inclusive of all digital data may be made available to the public when the licence, or portion of the licence in the case of partial relinquishment reports, ceases to be in force (section 116(2) of the MRSDA) or, in accordance with section 116(3) of the MRSDA.

Activities for more than one licence may be included in a technical report (i.e. jointly reported) provided the licences:

• are held by the same licensee
• are held over adjoining areas; and
• have the same reporting date.

Technical reports are required to be submitted in accordance with the following circumstances:

• Annually – within 28 days after the annual reporting date of the licence
• Following part surrender or part cancellation (relinquishment) – within 28 days after the registration of the associated instrument
  • This relinquishment report must provide details of all work conducted within the relinquished area, from the grant of the title to the time of relinquishment.
• Following full surrender, cancellation, expiry, or refusal of renewal – within 28 days after the licence has ceased to be in force
  • This final report will cover all work on the licence since the last technical report, or, if the licence has previously been jointly reported, the report will include all work done over the life of the licence
  • The final report should include the reason the licence has ceased to be in force and must include any previously unsubmitted data.

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

Exploration licence holders are charged rent for the land covered by their licence as of 30 June each year. Payment is due by 28 July. The rent payable varies depending on the area of the licence. 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. The department has prepared two Guidelines to assist licence holders to understand these responsibilities:

Exploration and rehabilitation of mineral exploration sites
these guidelines refer to standard licence conditions which are applied routinely to exploration licences.
Note: Conditions imposed on licences, or on consents granted under provisions of the Act, or operational requirements imposed under legislation, may require more stringent measures than those recommended in the Guidelines. In such instances, those provisions take precedence over the Guidelines.

Guidelines for abandonment of mineral drillholes
Seek advice on the sub-surface abandonment of drillholes.

Renew your licence

Exploration licences are valid for up to 5 years and can be renewed twice for an additional period of up to 5 years, but the second renewal can only be given in exceptional circumstances.

While licensees are encouraged to apply for a renewal at least three months before the current licence expires the renewal must be submitted prior to the expiry of the licence, including payment of the renewal fee.

Renewal applications will be considered based on progress that has been made on establishing the economic viability of mining and the work program that is proposed to establish viability. It should also be noted that the licence area under a renewal may be reduced depending on mineral resource identification. A renewal should not be considered as automatic or as a right.

If the renewal is approved, the licence will continue for the new term approved from the original expiry date. If the renewal is refused the licence will cease to exist on the date the refusal is registered.

Provided an application for renewal is submitted, the licence continues in operation until the application is approved and registered or refused. This means that exploration work can and should continue while the renewal application is being assessed and the licence continues to meet legislative requirements.

Requirements of a renewal application

Refer to the Application process and Meet the application requirements sections for guidance on renewing an exploration licence, as much of the information required is the same.

In accordance with section 29(1) of the Act and Regulation 30 of the MRSDMIR, an application for renewal of an exploration licence must contain the following information:

• the licence number
• requested term in years (maximum of 5)
• details of the proposed program of work
• estimated expenditure for each year of the renewal
• justification for seeking a renewal, including:
  • evidence demonstrating why additional time is necessary to assess the economic viability of the minerals
  • the location and extent of minerals identified within the licence area
  • what additional work is required.

Exceptional circumstances

An exploration licence can only be renewed a second time if, among other things, the Minister (or delegate) considers that there are exceptional circumstances that have impacted mineral exploration and warrant a second renewal. Exceptional circumstances are assessed on a case-by-case basis and the second renewal is neither automatic nor a right.

Licence holders who believe that there are exceptional circumstances warranting a second renewal of their exploration licence are encouraged to:

• proactively communicate with Resources Victoria at the time (or as close to the time as possible) of the exceptional circumstance occurring rather than waiting for end of the licence term
• contact Resources Victoria to discuss their circumstance with a view to identifying the types of evidence that can be used to demonstrate exceptional circumstances; and
• make an application at least three (3) months prior to the expiry of the existing exploration licence.

Exceptional circumstances do not generally include short term disruptions or circumstances that have a non-material impact on the conduct of licence holders’ exploration programs.

Learn more about what qualifies as an exceptional circumstance in the Exceptional circumstances policy.

Make changes to your licence

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

The licensee can initiate these changes via the RRAM Portal.

Transferring a licence (Section 33)

A licence may be transferred by an instrument approved by the Minister, but not within the first year of the licence. 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.

Some examples of a licence variation condition include:

• incorporating an expired prospecting licence into the licence area, provided the former licence is within the outer boundary of the licence area
• varying the expenditure requirement licence condition.

A variation of a licence, suspension, revocation or addition of a licence condition can be initiated in the RRAM Portal.

Combined conditions (Section 35)

Two or more licences of the same type, held by the same person may be treated as a single licence over the combined areas for the purpose of determining whether the expenditure conditions have been met. It is preferred that the areas being combined adjoin, but not necessary.

Combining conditions can be initiated by the licensee or by the Minister, after consultation with the licensee.

Amalgamation of a licence (Section 36)

A licensee may request for two or more adjoining licences of the same type and held by the same person to be amalgamated into a single licence, if they have the same Native Title status. When licences are amalgamated the licence with the earliest expiry date will continue and all other licences will be cancelled.

Amalgamation of licences can be initiated by the licensee or by the Minister, after consultation with the licensee, and has no effect until the instrument by which it was done is registered.

Surrender or cancel your licence

A licence may be surrendered, in full or in part, cancelled by the Minister, or decreased in area upon certain anniversaries.

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.

Decrease in area under exploration licence (Relinquishment) (Section 38A)

Often referred to as a “relinquishment”, the Act requires compulsory partial cancellation of exploration licence areas on the 2^nd, 4^th, 7^th and 10^th anniversaries, unless waived.

Partial cancellation requirements (Section 38A) will be waived if a licensee is meeting their licence obligations. In these cases, the licensee will not receive a notification and will not be required to relinquish land for that specific anniversary.

If waiver criteria are not met, then at least 60 days prior to the anniversary, the Minister will invite the licensee to nominate the area to be cancelled. If the licensee does not submit the area to be cancelled at least 30 days before the relevant anniversary, the Minister may choose the area. The area to be cancelled on the relevant anniversaries are:

• At least 25% on the second anniversary of the licence; and
• At least a further 35% of the area as originally granted, on the fourth anniversary; and
• At least a further 20% of the area as originally granted, on the seventh anniversary; and
• At least a further 10% of the area as originally granted, on the tenth anniversary.

Before considering waiving the partial cancellation, the Minister will ensure that the licensee has submitted all required annual reports, is delivering on the activities outlined in their program of work and associated expenditure commitments and has paid all fees with respect of the licence.

Page last updated: 10 Sep 2025