Auregis
Auregis Australian Gold & Mining Law — National Government Reference
Gold nuggets and refined gold material
Figure 1 — Gold produced under Crown mineral tenure regimes. All onshore minerals in Australia are generally owned by the State (Crown), subject to the relevant Mining Act in each jurisdiction.

Gold and mineral mining law in Australia

Legislation reference for Crown mineral ownership, state mining titles, fossicking permits, commercial leases, Native Title obligations and royalty frameworks.

Crown ownership of minerals

Legislative principle: In Australia, minerals — including gold — are generally owned by the Crown (State Government), not the landowner. Exploration, fossicking or commercial mining requires the correct government-issued title for the relevant state or territory.

Onshore gold and mineral resources are regulated under separate Mining Acts in each state and territory. There is no single national onshore mining Act. The Commonwealth regulates offshore minerals, Native Title (Native Title Act 1993) and certain environmental matters.

Commercial mining titles Exploration licence, retention licence, mining lease Fossicking and prospecting State permit requirements and take limits Native Title compliance Future acts, right to negotiate, ILUAs Mineral royalties Gold royalty rates and exemptions (WA)

Gold and mining operations — reference photographs

The following images illustrate the types of gold and mining activity governed by Australian mineral tenure legislation. All photographs are stored locally as part of this publication.

Gold mineral specimens
Gold specimensRecreational and commercial extraction subject to state permit or lease requirements.
Gold-bearing ore material
Gold-bearing oreExploration and assessment conducted under Exploration Licences.
Refined gold bars
Refined goldCommercial production attracts state royalty obligations.
Small-scale gold material from fossicking
Recreational fossickingHand tools and metal detectors only. Miner's Right (VIC, WA) or Fossicking Licence (QLD) required in those states.
Open-pit mining extraction site
Mining operationsCommercial extraction requires a mining lease, environmental approvals and rehabilitation bond.
Industrial mining operations in Australia
Australian resource regionsWestern Australia, Victoria and New South Wales host significant goldfields regulated under state Mining Acts. The Eastern Goldfields remain Australia's primary gold-producing region.

Regulatory framework

Jurisdictional responsibilities for gold and mineral mining
JurisdictionResponsibility
States and territoriesOnshore exploration licences, mining leases, fossicking permits, royalty collection and rehabilitation bonds
CommonwealthOffshore minerals, Native Title Act 1993 (Cwlth), Environment Protection and Biodiversity Conservation Act 1999
Local governmentLand use planning and development approvals

Australia Minerals — legislation register

State and territory mining legislation

Principal Acts governing gold and mineral tenure in each jurisdiction:

  • WAMining Act 1978
  • VICMineral Resources (Sustainable Development) Act 1990
  • NSWMining Act 1992
  • QLDMineral Resources Act 1989
  • SAMining Act 1971
  • TASMineral Resources Development Act 1995
  • NTMineral Titles Act 2010

Operational pathways

Recreational fossicking compared with commercial mining
ActivityTitle requiredKey restrictions
Recreational fossicking Miner's Right (VIC, WA); Fossicking Licence (QLD); NSW State forest permit where applicable Hand tools only; landowner consent on private land; protected areas excluded
Commercial gold mining Exploration Licence → Mining Lease (typically 21 years) Native Title process; environmental approval; royalty payment; rehabilitation bond

Fossicking guide   Commercial mining guide