Know the Rules

WA Prospecting Regulations

Know the rules before you dig. This guide covers what you need to legally prospect for gold in Western Australia.

Get Your Miner's Right View Getting Started

Important Legal Disclaimer

This guide is provided for general informational purposes only and does not constitute legal advice. Regulations change. Always verify current requirements with the Department of Mines, Industry Regulation and Safety (DMIRS) before prospecting. Ignorance of the law is not a defence.

The Miner's Right

A Miner's Right is your essential legal authorisation to prospect for gold and other minerals on Crown land in Western Australia. It is issued under the Mining Act 1978 and is required by law before you can legally prospect.

What does it allow?

  • • Prospect for gold and minerals on vacant Crown land
  • • Use hand tools: metal detector, pick, shovel, gold pan
  • • Keep any gold you find through hand prospecting
  • • Camp on Crown land while prospecting (up to 28 days per location)

What does it NOT allow?

  • • Use of mechanised equipment (dry blowers, excavators)
  • • Prospecting on private property, national parks, or active leases
  • • Commercial mining operations
  • • Clearing vegetation or causing environmental damage

How to Apply

  1. Visit the DMIRS Miner's Right page
  2. Complete the application form (Form 20)
  3. Pay the fee of $25.25 (individual annual fee)
  4. Applications can be made online, by mail, or in person at DMIRS offices
  5. The Miner's Right is valid for 12 months from the date of issue
$25.25
Individual Annual Fee
12
Months Validity
Form 20
Application Form

Pro Tip

Always carry your Miner's Right with you when prospecting. Mines inspectors can ask to see it, and failure to produce it is an offence.

Where You Can (and Can't) Prospect

You CAN Prospect Here

Vacant Crown Land

The primary area for legal prospecting. Crown land not under any mining tenement, reserve, or private ownership. Use TENGRAPH to verify.

Some Pastoral Leases (with conditions)

Many pastoral leases permit prospecting as the mineral rights belong to the Crown. However, you should notify the pastoralist, stay away from infrastructure, close gates, and follow any specific conditions.

You CANNOT Prospect Here

Private Property

Prospecting on freehold (private) land requires written permission from the landowner. Trespassing is a criminal offence.

National Parks & Nature Reserves

All DBCA-managed conservation estate is off-limits. This includes national parks, nature reserves, conservation parks, and state forests.

Aboriginal Heritage Sites

It is illegal to disturb or damage any Aboriginal heritage site, whether registered or not. Heavy penalties apply under the Aboriginal Heritage Act 1972.

Active Mining Leases

You cannot prospect on land under an active mining lease, prospecting licence, or exploration licence without the tenement holder's written permission.

Using TENGRAPH & GeoVIEW

Before heading out, always check the tenement status of your planned area. DMIRS provides free online tools for this.

TENGRAPH Web

TENGRAPH is the official WA Government mining tenement mapping system. It shows all current mining tenements, reserves, and land categories.

How to use TENGRAPH:

  1. Visit tengraph.dmirs.wa.gov.au
  2. Navigate to your area of interest using the search or zoom tools
  3. Look for white/uncoloured areas. These are generally vacant Crown land
  4. Coloured areas indicate existing tenements. Avoid these unless you have permission
  5. Check the legend to understand different tenement types (Mining Lease, Exploration Licence, Prospecting Licence, etc.)
  6. Click on any tenement for details including the holder and expiry date
Open TENGRAPH Web →

GeoVIEW.WA

GeoVIEW provides a broader geological and geographic view of WA, including geological maps, mineral occurrence data, and geochemistry layers.

Useful GeoVIEW layers:

  • • MINEDEX: Database of mines and mineral deposits
  • • Geological Maps: Surface geology overlays
  • • Geochemistry: Soil and rock sampling results
  • • Geophysics: Magnetic and gravity data
Open GeoVIEW.WA →

Environmental Obligations

Hole Rehabilitation

You must fill in all holes you dig during prospecting. This includes:

  • • Fill holes back to original ground level
  • • Replace topsoil and vegetation where possible
  • • Make the area as close to its original state as practical
  • • Open holes are dangerous to people, livestock, and wildlife

Vegetation Clearing

Under a Miner's Right, you have very limited vegetation clearing rights:

  • • No clearing of native vegetation without a permit
  • • You may not cut down trees or clear scrub
  • • Disturb the minimum area necessary
  • • Avoid damage to root systems

Waterways

Special care is needed around waterways:

  • • Don't contaminate water sources
  • • Minimise disturbance to creek beds and banks
  • • Don't dam or divert watercourses
  • • Be mindful of aquatic habitat

Waste & Clean-up

Leave no trace:

  • • Pack out all rubbish. Everything you bring in, take out
  • • Dispose of human waste properly (bury at least 30cm deep)
  • • Don't leave broken equipment or other materials behind
  • • Take all food scraps with you

Aboriginal Heritage Obligations

Western Australia has a rich Aboriginal cultural heritage spanning over 65,000 years. Prospectors have legal obligations to protect this heritage.

Your Legal Obligations

Under the Aboriginal Heritage Act 1972 (and its amendments), it is an offence to:

  • OFFENCE Excavate, destroy, damage, conceal, or in any way alter an Aboriginal site
  • OFFENCE Remove any object from an Aboriginal site
  • OFFENCE Fail to report the discovery of an Aboriginal site or artefact

What counts as an Aboriginal site?

Sites can include (but are not limited to): rock art, stone tool scatters, grinding grooves, middens, burial sites, scarred trees, ceremonial grounds, and natural features of cultural significance. Sites do NOT need to be registered to be protected. If you are unsure, do not disturb the area.

How to Check for Known Sites

  • • Search the Aboriginal Heritage Inquiry System (AHIS)
  • • Note: Not all sites are registered. Absence from the register does not mean no site exists
  • • When in doubt, consult with local Aboriginal communities

If You Find an Artefact

  1. Stop all activity in the immediate area
  2. Do not remove or disturb the item(s)
  3. Record the location (GPS coordinates)
  4. Report the find to the Department of Planning, Lands and Heritage
  5. You are legally required to report within a reasonable time

Safety Requirements

Must Carry

  • • Sufficient water (minimum 20L per person per day in summer)
  • • First aid kit including snake bite bandage
  • • Communication device (PLB, sat phone, or UHF radio)
  • • Sun protection (hat, sunscreen, long sleeves)
  • • Your Miner's Right

Notification Requirements

  • • Tell someone your plans: where, when, and expected return
  • • For remote areas, lodge a trip plan with police or a responsible person
  • • Check fire ban status before heading out
  • • Check weather forecasts. Flash flooding is a real risk
  • • Register with the local shire if staying extended periods

People Die in the WA Outback Every Year

The WA outback is one of the most remote and inhospitable environments on Earth. Summer temperatures routinely exceed 45°C, mobile phone coverage is non-existent in most goldfield areas, and the nearest help can be hours away. Never go alone on remote trips, always carry excess water, and always tell someone where you're going.

Penalties

Severe

Prospecting without a Miner's Right

Fine up to $10,000. Equipment may be confiscated.

Severe

Prospecting on active mining tenements

Fine up to $10,000 and potential criminal trespass charges.

Extreme

Damaging Aboriginal heritage sites

Fines up to $1,000,000 for individuals and imprisonment. This is taken extremely seriously.

Moderate

Failure to rehabilitate holes

Fines vary. Inspectors actively patrol popular prospecting areas. Leaving holes damages the reputation of all prospectors.

Moderate

Prospecting in national parks

Fines up to $10,000. Equipment may be confiscated by DBCA rangers.

Moderate

Unauthorised vegetation clearing

Significant fines under the Environmental Protection Act. Rehabilitation orders may be issued.

Common Questions

Frequently Asked Questions

WA prospecting regulations explained

Q Do I need a Miner's Right to go gold prospecting in WA?

Yes. A Miner's Right is legally required to prospect for gold on Crown land in Western Australia. Without one, you are prospecting illegally and can face significant fines. The cost is $25.25 for an individual annual licence.

Q Can I prospect in national parks?

No. Prospecting is prohibited in all national parks, nature reserves, conservation parks, and other DBCA-managed lands in Western Australia. This includes popular areas like Karijini National Park.

Q How deep can I dig?

Under a Miner's Right, you may generally dig to a reasonable depth for hand prospecting. However, you must rehabilitate all holes. Fill them back in and restore the surface as close to its original state as possible. Leaving open holes can result in fines and endangers wildlife and other people.

Q Can I use a metal detector on someone's pastoral lease?

It depends. You can prospect on pastoral leases that are on Crown land, but you should notify the pastoralist as a courtesy and check for any specific restrictions. Some pastoral leases have conditions that limit access. Always check the tenement status via TENGRAPH before heading out.

Q What happens if I find a large nugget?

Under a Miner's Right, you may keep gold you find. However, if you intend to mine commercially (using machinery, employing people, or systematic extraction), you'll need a Prospecting Licence or Mining Lease from DMIRS. There's no reporting obligation for recreational finds, but you should consider the tax implications.

Q Can I prospect with a metal detector on the beach?

Generally yes, beach detecting for coins and jewellery doesn't require a Miner's Right. However, if you're specifically prospecting for gold minerals, a Miner's Right is recommended. Check local council bylaws as some beaches have restrictions.

Q Is there a limit to how much gold I can take?

A Miner's Right allows you to prospect and keep what you find through hand-held tools and detectors for personal use. There is no specific weight limit for recreational prospecting. However, systematic or large-scale extraction requires a Prospecting Licence.

Q Do I need permission to camp while prospecting?

On most Crown land, you can camp for up to 28 days in one location. Some areas require permits from the local shire. In pastoral areas, it's courteous to inform the station owner. Always follow fire restrictions and leave-no-trace principles.

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