Section 7 exemptions
Under section 7 of the Mineral Resources (Sustainable Development) Act 1990 (the Act), the Minister for Resources may grant an exemption for any reason they deem necessary.
They are generally implemented under three categories:
- To protect environmental, cultural or heritage values.
- To allow for rehabilitation and protect public safety after mining.
- For the orderly development of the State’s resources.
It is the section 7 exemption instrument that specifies what is being exempted i.e. whether land is being exempted from being subject to a licence and/or an authority under the Act.
Furthermore, under section 120 of the Act, the Minister has delegated the power to impose or revoke exemptions under section 7 of the Act to officers within Resources Victoria.
Section 7 exemptions and recreational prospecting
Recreational prospecting is an exciting outdoor activity and part of Victoria’s rich gold history.
Victorians can conduct recreational prospecting in most of the state’s 3.1 million hectares of state forest, and other specific areas.
A miner’s right is an authority under section 55 of the Act and is required to authorise recreational prospecting.
Recreational prospecting with a miner's right is not prohibited under section 7 unless it is specified in the exemption instrument. Resources Victoria has not yet identified any section 7 exemption instruments that exempt land subject to an authority.
Recreational prospecting can be undertaken on public Crown land with land manager consent where applicable, and on private land with landowner consent. Some areas of public Crown land may have restricted public access, these will usually be signposted and fenced to indicate the land status.
Find out more about recreational prospecting rules and responsibilities.
Revocation of section 7 exemptions
The Minister may issue a notice to revoke land from being exempt, making the land available for a licence again on or after the date set by the Minister in the notice.
The Victorian Critical Minerals Roadmap commits to developing a clear and transparent policy about the criteria we will use to apply section 7 exemptions in the future. Existing section 7s will be reviewed against this policy and revoked where they are no longer required.
How to find out which areas have exemptions
Areas that currently have exemptions under section 7 of the Act can be viewed on GeoVic. In most cases, GeoVic also links to a copy of the section 7 exemption instrument.
Some older section 7 exemption instruments may not be available through GeoVic. If you identify a missing section 7 instrument, please advise us via our contact us form.
How to view current exemptions
- Click on the 'Add Layers' button to open the layer menu.
- Once the layers menu is open, follow this path in the directory:
Land Status and Boundaries → Industry Related Land → Minerals → 'Unavailable S7 Exempt Areas (MRSDA)'.
Once ticked and applied, GeoVic will display all current exempt areas in Victoria.
How to view an instrument for an exemption
- Click on the 'Identify' button to open the identify tool options.
- Select ‘Visible Layers’ and click on the section 7 area you are interested in.
- From the drop down in the Drill Identify window select S7 Exempt Areas (MRSDA) – Registrations.
- If an instrument is available for download there will be a link under ‘Folio No. (and link, if it exists)’.
Page last updated: 20 Dec 2024