Licence and rules

Fossicking and prospecting in WA: the Miner's Right and the rules

Every prospector and fossicker in Western Australia needs a Miner's Right. What it lets you do, where you can go, metal detectors, and staying safe out bush.

Do you need a licence?

Yes. Each person who wants to prospect or fossick on Crown land needs a Miner’s Right. Individuals and companies can hold one.

Where to apply In person at Mineral House, 100 Plain St, East Perth, or any Mining Registrar’s office; online; or by mail
ID Showing your full name, middle names included
Fee On the mining fees and charges page

Prospecting or fossicking?

In WA the two words mean different things:

Either way, use hand-held tools only and no explosives. You can take samples of up to 20 kg. A Miner’s Right doesn’t let you carry out mining operations.

Where you can go

Land Can you go?
Unallocated Crown land with no mining tenement Yes
Pastoral leases Yes, if you notify the lessee. Stay 400 m from waters, and take a dog only with the pastoralist’s consent
Mining tenements Only with the holder’s written permission
Exploration licences Only with a Section 40E permit
Private land (farmland) Only with a Permit to Enter
National parks, nature reserves, town sites and cemeteries No
Land under exclusive possession native title No

Stay at least 100 m from crops, buildings and cemeteries.

A Section 40E permit lasts three months, allows handheld tools only, and limits you to 2 m below the surface. You must tell the exploration licence holder and the department about any minerals you recover within 14 days of the permit ending.

Keeping what you find

On Crown land with no tenement, you can keep your find. On a tenement, it depends on your agreement with the holder.

Rules on the ground

Staying safe

WorkSafe WA says to carry a personal locator beacon and a communication device at all times, and 4 to 6 litres of water per person per day. Tell people where you’re going and how long you’ll be away, and take care around old mining centres and workings.