Section 7 exemptions

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Resources Victoria can apply section 7 of the Mineral Resources (Sustainable Development) Act 1990 (the Act) to exempt land from mineral exploration, mining or a related licence. We can also revoke an exemption, which makes the land available for licencing again.

When making a section 7 exemption decision, we consider:

the known or potential value of the mineral resources
how the proposed exemption may affect that value
the social and economic impacts of the decision.

Section 7 exemptions apply to all mineral types.

We have also developed clear and transparent criteria for:

applying section 7 exemptions, and
reviewing, and where appropriate, revoking section 7 exemptions.

These criteria aim to:

give communities and industry greater clarity and certainty about where minerals exploration and mining are not allowed
explain why land is exempted and when an exemption may be revoked
help industry avoid investing in areas where mining will not be approved
support orderly mineral development that balances economic potential with broader land use priorities and policy objectives.

Legislated criteria to exempt land

The Act currently sets out specific reasons for exempting land under section 7.

Under section 7(2), the Minister or their delegate may grant an exemption for any reason they consider appropriate. These include, but are not limited to, the following:

(a) Environmental protection

An exemption may be granted to protect land of significant environmental importance. This may include land that:

supports groundwater-dependent ecosystems, recharge zones or strategic water supplies, especially in arid or agricultural regions
provides habitat for endangered or threatened plants and animals
is ecologically sensitive or has high conservation value
plays a key role in climate adaptation or carbon sequestration (e.g. wetlands, remnant vegetation).

(b) & (ba) Implementing conservation recommendations

An exemption may be granted to implement approved conservation recommendations. This includes recommendations:

made by the former Land Conservation Council under section 10(3) of the Land Conservation Act 1970
made by the Victorian Environmental Assessment Council and accepted by the government.

(c) Orderly development of resources

An exemption may be granted to support the orderly and efficient development of mineral resources. This may include:

preventing fragmented or inefficient exploration
managing rehabilitation, including land that was previously mined and abandoned
applying section 7 strategically to support priority areas for minerals development, in line with policy objectives.

Criteria to exempt land under broad Ministerial power

In addition to the legislated criteria, we may consider other criteria when deciding whether to exempt land under section 7. These include, but are not limited to:

Agricultural land protection

An exemption may protect high-value farmland and soils critical to food production and regional economies.

Aboriginal cultural heritage protection

An exemption may protect Aboriginal cultural heritage and values where other laws and protection are not enough.

Traditional Owner partnership

An exemption may support stronger partnerships with Traditional Owners, in line with the Victorian Government’s commitment to advancing self-determination.

Infrastructure and public works

An exemption may protect critical infrastructure or public works – such as reservoirs, pipelines, waste management facilities or public utilities – where other controls are not adequate.

Public safety and land stability

An exemption may address public safety concerns, including unstable land, or prevent activities that could damage public infrastructure or public access.

Revoking section 7 exemptions

The Act does not require the Minister or their delegate to give reasons when revoking a section 7 exemption.

We have developed clear criteria to help industry and communities understand when a revocation may be considered.

These criteria support transparent and responsible decision-making. They also enable new investment in both new and legacy sites where there is a clear case for positive economic, environmental and social outcomes.

These criteria include, but are not limited to:

Change in environmental significance

An exemption may be revoked if the land no longer has significant environmental, biodiversity or cultural heritage value due to:

new scientific studies or updated mapping
natural changes or degradation of the landscape
reclassification under other laws or planning instruments.

Strategic development priority

An exemption may be revoked if the land becomes a priority area for minerals development, particularly critical minerals. This applies where environmental and cultural risks can be managed through other regulatory mechanisms.

Administrative or technical correction

An exemption may be revoked or adjusted if it was made in error or needs correction. This may include:

mapping inaccuracies
administrative or other oversights
limited evidence to support why an exemption was granted.

Rehabilitation and reinvestment opportunity

An exemption may be revoked if there is a new opportunity to finish rehabilitating the land through reinvestment.
This may include where a new proponent who can meet regulatory and financial obligations, including environmental, social and governance (ESG) requirements, and take responsibility for rehabilitation.

Implementation

Decisions on section 7 exemptions are made case by case. Meeting criteria does not mean land will automatically be exempt. It also does not mean existing exemptions will automatically be revoked.