Retention 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 retention licence.
• The application process for a retention licence.
• The requirements of a retention licence application.
• Post grant activities.
• Renewals and changes to licences.

Background

A retention 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.

The holder of a retention licence is entitled to retain the rights to a mineral resource in the land covered by the licence.

A retention licence can be granted for a period up to 10 years and may be renewed twice, however a second renewal can only be given in exceptional circumstances.

A retention licence does not permit mining, nor does it guarantee that a mining licence will be granted.

Application process

The following is an overview of the application process for a retention 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 retention 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, a retention licence application must contain all the information listed in Regulations 13 and 17 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.

Description of a mineral resource

A retention licence application must include a Mineralisation Report prepared by a competent person, that describes a Mineral Resource, sets out the exploration results, and why the mineral resource is not yet economically viable to mine (see Section 15 (1BB), (1BE) and (1BG) of the Act).

For the grant of a retention licence, a minimum of an inferred resource as defined by the Australasian Joint Ore Reserve Committee (JORC) is required.

Learn more about the preparation of a mineralisation report in the Ministerial guidelines for description of a mineral resource and the preparation of a mineralisation report.

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, when the applicant is undertaking a requested task.

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).

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; 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 retention 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 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 retention licence has met all of the requirements their application may be approved and a retention 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 a retention licence application under the Act and the Regulations, specifically regulation 13 and 17 and the department's 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 retention 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 a retention licence is 10 years.

Minerals resource (Section 15(1BB))

A retention licence application must identify and describe a mineral resource that is not yet economically viable to mine. A minimum of an inferred resources as defined by the JORC Code is required.

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

A retention licence application must also include a survey of the boundaries of the land proposed to be covered by the licence, in line with the surveying requirements and standards stipulated in the Surveying (Cadastral Surveys) Regulations 2015.

Area (Regulation 17(a) and (b))

An application must contain, the area, in hectares, of land that is the subject of the retention licence application. It must also include information to demonstrate that the area of land being applied for may be required for the purpose of mining a mineral resource in the future.

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.

In accordance with Section 26(1) the Minister may grant a licence over a smaller area than applied for. The applicant must state that the relevant area applied for is commensurate with the planned scale of mining, the size of the identified mineral resource or likely extension of resource and any area that may be required for mining infrastructure.

1:25 000 map (Regulation 17(c))

Applicants must also separately upload a geological map (1:25 000 scale) that indicates the land applied for and shows the boundaries of private and Crown land. 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.

Mineralisation report

An application for a retention licence must be accompanied by a mineralisation report prepared by a competent person as stated in Section 15 (1BE) or the Act.

The Ministerial guidelines for description of a mineral resource and the preparation of a mineralisation report details the content to be included in the preparation of a mineralisation report. The report must include:

• competent person details
• description of a mineral resource
  • type of mineral(s)
  • location, depth, quantity and extent.
• report of exploration results
  • method that determined extent of the minerals
  • analytical results obtained.
• proposed program of work (milestones)
• economic viability assessment.

Proposed program of work

• 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, including how the mineral resource will be developed from an inferred resource to indicated or measured status (or relevant alternative standard). The program of work should include the following information as stated in Regulation 17(e) and (f) of the Regulations.

The details of the program of work, together with proposed likely expenditure under the licence, will form a key part of the licence conditions. If milestone activities or expenditure are unlikely to be completed for a given year, contact the licensing team at the earliest opportunity to discuss a variation of licence conditions.

Geological rationale (Regulation 17(e)(i))

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.

Key activities, milestones, and expenditure (Act 15(6)(c) and Regulation 17(e) and (f))

The applicant should provide a proposed program of work for each year of the licence. The proposed program of work must include key milestones and proposed expenditure against each milestone.

Milestones activities should demonstrate how the understanding of the mineral resource is being progressed towards mining and discuss the following details:

• proposed timing schedule outlining key activities and proposed expenditure against each milestone:
  • evidence demonstrating the estimated expenditure is appropriate for the proposed activities.
• additional mineral exploration required to develop the mineral resource:
  • infill drilling or bulk sampling to improve the standard of the mineral resource from an inferred resource to an indicated (minimum requirement for the grant of a mining licence).
• technical and economic feasibility studies related to:
  • sustainable development and rehabilitation of the mineral resource
  • demonstrating the economic viability of the mineral resource.
• demonstration that the planned scale of mining is appropriate with the efficient development of the mineral resource with consideration of its size
• proposed community and traditional owner engagement activities.
• consideration of an Environment Effects Statement (EES) self-referral in preparation for future mining.

If the licence is granted, the milestones, together with the proposed expenditure under the licence, will form a key part of the licence conditions. Expectations about the scale and nature of work and level of expenditure will be based on the size of the mineral resource and the project.

Community engagement (Section 39A) and (Regulation 17(e)(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.

Expertise and experience (Regulation 17(f) and 17(g))

Compliance with the Act

Applicants for a retention 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))

Your requirements for holding a licence

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

• milestone activities and expenditure
• 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, including milestones, to ensure that the licence remains compliant with requirements.

Before work can commence

Before undertaking any work on the land covered by a retention licence the holder must adhere to the requirements as listed in Section 43 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 have completed the following:

• Enter into a rehabilitation bond in accordance with section 80 of the Act.
  • The initial rehabilitation bond for a retention 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.
  • See Preparation of work plans and work plan variations for 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 a retention 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 expenditure as stipulated in their instrument for each year of the term of the licence.
• Annual reporting date selected
  The reporting date as provided in the licence application (see Preferred annual report date in this guideline).
• 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 retention 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 retention 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. Additionally, licence holders must provide details of progress against the key Milestones as defined in the licence conditions.

The department will monitor reported annual expenditure against estimated expenditure requirements set out in the conditions of the retention 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 they:

• 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 (relinquishment) – within 28 days after the registration of the associated instrument
• This partial 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

Retention licence holders are required to pay annual 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 retention 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

Retention licences are valid for up to 10 years and can be renewed twice for an additional period of up to 10 years, where the Minister is satisfied that additional time is necessary to assess the economic viability of mining those minerals or the mining of a mineral resource is not currently economically viable but may be in the future. A second renewal will only be given where exceptional circumstances apply.

While licensees are encouraged to apply for a renewal at least 3 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 32 of the MRSDMIR, an application for renewal of a retention licence must contain the following information:

• the licence number
• requested term in years (maximum of 10)
• the area of land applies for (hectares)
• details of the proposed program of work (Milestones)
• 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

A retention 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 retention 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 retention 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, provide 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, or cancelled by the Minister.

Surrendering a licence (Section 37)

Page last updated: 18 Sep 2025