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Fossicking laws

Fossicking laws in Western Australia: licences, land access and penalties

Last verified: August 2026
Yes. To prospect or fossick anywhere in Western Australia you need a Miner's Right. It costs $30, never expires and covers the whole state. It opens up available Crown land, including most pastoral leases. Ground under a granted tenement needs the holder's written consent or a Section 40E permit. National parks are off limits.

The rules at a glance

Licence neededMiner's Right, $30, does not expire (2026-27 fee schedule)
Prospecting on exploration licencesSection 40E permit, $119, valid 3 months, hand-held tools only
Sample limitUp to 20kg of rock, ore or mineral samples per occasion
Pastoral lease exclusionNo prospecting within 400m of any water works, race, dam, well or bore
Top penaltyUnauthorised prospecting: up to $150,000 for an individual, plus $15,000 per day

Do you need a licence to fossick in Western Australia?

Every person who prospects or fossicks in Western Australia needs a Miner's Right before starting, including metal detecting for gold on Crown land. It is issued under section 40C of the Mining Act 1978, is not transferable, and can be issued to an individual or a company.

$30
Miner's RightNot limited in term. Under section 40C(3) of the Mining Act 1978 a Miner's Right has no expiry, so you buy it once and it lasts for life.
CoversPassing over Crown land to reach available ground; prospecting and testing for minerals (including gold) on available Crown land; taking and keeping up to 20kg of samples per occasion; taking water for prospecting and domestic use; camping on Crown land while prospecting; and fossicking (collecting rocks and minerals other than gold or diamonds) with the prior written consent of the occupier and any tenement holder. It does not authorise mining operations.
Family & kidsA Miner's Right is personal and not transferable, so each person doing the detecting or digging needs their own; the department states one must be obtained by each person wishing to prospect or fossick on Crown land. WA publishes no age exemption for children; if kids will be swinging a detector, check with the Department of Mines, Petroleum and Exploration before the trip. Apply online, at Mineral House in East Perth, or at any Mining Registrar's office with proof of identity showing your full name, including middle names.
Fee noteDMPE Fees and Charges 2026-27, effective 1 July 2026
Get it from the official site

Where you can and cannot fossick in Western Australia

Land typeStatusThe rules
Vacant or unallocated Crown landAllowedWith a Miner's Right you can prospect on Crown land that is not covered by a granted mining tenement (called available land). You can camp there while prospecting and take up to 20kg of samples per occasion, with as little damage to the surface as possible. All holes must be backfilled and made safe.
Pastoral leasesConditionalPastoral lease land counts as Crown land, so a Miner's Right lets you prospect there, but you must take all reasonable steps to notify the pastoralist first, comply with reasonable requests, prevent fire and damage, and make good any damage. Unless the occupier consents, you cannot prospect at or within 400 metres of the outer edge of any water works, race, dam, well or bore, or within the 100 metre buffers around crops, yards, gardens, airstrips, occupied houses, cemeteries and permanent electrical or fibre optic cables.
Granted mining tenements (prospecting licences, mining leases)Permit requiredLand under a granted tenement is not available land. You need the written permission of the tenement holder before prospecting there. Most proven goldfields ground is under live tenure, so check the tenement layer for your target area before you drive out; Detector Maps shows live WA tenements on the map.
Granted exploration licences (Section 40E permit)Permit requiredA Miner's Right holder (individuals only, not companies) can apply for a Section 40E permit to prospect on Crown land inside a granted exploration licence: $119 per application, valid three months, up to 10 adjoining graticular blocks (a block averages 310 hectares) in one licence, up to three named holders, hand-held tools only, digging limited to two metres depth. No prospecting for the first 21 days after issue unless the licensee provides a statement sooner, you must stay 100 metres clear of any licensee activity, and you must report any minerals recovered within 14 days of the permit ending.
National parks and nature reservesProhibitedProspecting and fossicking are not permitted in national parks or nature reserves, and a Section 40E permit cannot be granted over them. Conservation land more broadly requires authorisation under the Conservation and Land Management Act 1984 before any Miner's Right activity.
State forests and other reserved landConditionalReserved or dedicated land (other than reserves for common, mining or public utility) is excluded from the Mining Act definition of Crown land, and conservation land needs authorisation under the Conservation and Land Management Act 1984. Treat State forests and classified reserves as unavailable unless you have specific written authorisation; ask DMPE or DBCA before entering.
TownsitesProhibitedLand within a townsite is excluded from the Crown land a Miner's Right covers, and a Section 40E permit cannot include townsite land.
Private land (freehold and farmland)Permit requiredA Miner's Right gives no access to freehold land. To search for minerals on private property you need a permit to enter private land ($10.50 per lot, minimum $41), granted for a term of up to 30 days, and in practice the landowner's cooperation. Simple courtesy arrangements with a farmer do not override the Mining Act: minerals generally remain Crown property.
Designated fossicking areasPermit requiredWestern Australia does not run a network of designated fossicking areas like Queensland or Victoria. The Miner's Right system is the statewide mechanism instead: it opens available Crown land everywhere, and in WA law fossicking specifically means collecting rocks and minerals other than gold or diamonds, with written consent of the land's occupier.
Beaches and waterwaysConditionalThe Mining Act system covers minerals. Detecting for modern coins and jewellery on town beaches and parks sits outside the Miner's Right framework and is governed by the local council that manages the land, so check with the relevant local government first. Taking water from springs and watercourses on available land for prospecting is allowed under a Miner's Right, subject to the Rights in Water and Irrigation Act 1914.

What equipment is legal in Western Australia

  • Hand tools (pick, shovel, sieve, pan): Allowed. A Miner's Right condition limits you to hand-held tools, and every hole, pit or trench must be backfilled and made safe before you leave.
  • Metal detectors: Allowed for prospecting (searching for gold and other minerals) on available land under a Miner's Right. Note the legal quirk: a metal detector cannot be used for fossicking, which in WA law means hobby collecting of rocks and minerals other than gold or diamonds.
  • Machinery and machine-assisted tools: Not permitted under a Miner's Right. Anything beyond hand tools requires a mining tenement such as a prospecting licence.
  • Powered or hydraulically driven tools: Expressly prohibited under a Section 40E permit, along with explosives. The Miner's Right conditions likewise ban explosives and tools other than hand-held tools.
  • Sluices, highbankers and dredges: Not authorised by a Miner's Right, which covers hand tools only. Official WA guidance does not describe any recreational sluicing or dredging allowance; operating this equipment would take you into mining tenement territory, so ask DMPE before bringing it.
  • Digging depth: Under a Section 40E permit, prospecting is restricted to two metres below the natural surface. Everywhere, disturbance must be kept minimal and rehabilitated.

Penalties

OffencePenaltyStatute
Unauthorised mining, including prospecting or fossicking without authorisationUp to $150,000 for an individual plus $15,000 per day for a continuing offence; up to $300,000 plus $30,000 per day for a body corporateMining Act 1978 (WA) s 155
Refusing to produce evidence of your right to be prospecting, or obstructing or misleading a police officer or authorised officer$10,000Mining Act 1978 (WA) s 158(2)
Failing to comply with a direction to cease prospecting$10,000; the officer may remove you and your equipment from the landMining Act 1978 (WA) s 158(4)
Breaching Section 40E permit conditionsFine up to $5,000, cancellation of the permit, and disqualification from holding another permit for up to three yearsMining Act 1978 (WA) Part IIIA and Mining Regulations 1981
Discharging a firearm on Crown land without authority$20,000 plus a daily penalty of $400 for a continuing offenceLand Administration Act 1997 (WA) s 267(2)(h)

Local traps worth knowing

In WA law, fossicking and prospecting are different things: fossicking means collecting rocks and minerals other than gold or diamonds for a hobby, needs the occupier's prior written consent, and cannot be done with a metal detector. Detecting for gold is prospecting, which the Miner's Right covers on available land.
Most proven goldfields ground already sits under granted tenements, and a Miner's Right alone gives you no rights there. You need written permission from the tenement holder, or a Section 40E permit for exploration licences, so check tenure before every trip.
Section 40E permits have a built-in 21-day standstill: no prospecting until 21 days after issue unless the licensee sends a statement sooner. Apply weeks before you travel or you will sit out part of your three months.
A 40E application must be in a person's name (companies cannot apply), can include at most three holders, and must list the make, model and plates of every vehicle you will use on the licence.
The 400 metre rule on pastoral leases is around water infrastructure (water works, races, dams, wells, bores), not homesteads; buildings, yards, crops and cemeteries carry 100 metre buffers instead, and the current Act adds a 100 metre buffer around permanent electrical and fibre optic cables.
Every hole must be backfilled and made safe, you are limited to 20kg of samples per occasion, and under a 40E permit you cannot dig deeper than two metres.
A Miner's Right gives no right of entry to land under exclusive possession native title; you must get the native title party's permission first. Aboriginal heritage sites are protected everywhere under the Aboriginal Heritage Act 1972.
Police and authorised officers can demand you produce your Miner's Right in the field. Refusing, obstructing or misleading them is a $10,000 offence under section 158, so carry it with you.
Mining Act fees run on the financial year; the $30 Miner's Right and $119 40E figures come from the schedule effective 1 July 2026, so recheck the schedule after each 1 July.

Frequently asked questions

Do I need a licence to fossick or prospect in Western Australia?

Yes. You need a Miner's Right before prospecting or fossicking anywhere in WA, including metal detecting for gold. It costs $30, never expires, and each person needs their own because it is not transferable. Prospecting without one risks a penalty of up to $150,000 under the Mining Act 1978.

How much is a Miner's Right in WA and how long does it last?

$30 under the 2026-27 fee schedule effective 1 July 2026. Under section 40C of the Mining Act 1978 it is not limited in term, so it lasts for life. You can apply online, at Mineral House in East Perth, or at any Mining Registrar's office with proof of identity.

Where can I metal detect for gold in Western Australia?

On available land: Crown land, including most pastoral leases, that is not covered by a granted mining tenement. For ground inside a granted exploration licence you can apply for a Section 40E permit ($119, three months). For prospecting licences and mining leases you need the tenement holder's written permission. Always check the current tenement position for your spot first; Detector Maps overlays live WA tenements so you can see what covers your target area.

Can I prospect on pastoral leases (station country) in WA?

Yes, pastoral lease land counts as Crown land under the Mining Act, but you must take reasonable steps to notify the pastoralist first and follow their reasonable requests. Stay clear of the exclusion zones: nothing within 400 metres of any water works, race, dam, well or bore, and nothing within 100 metres of crops, yards, gardens, airstrips, occupied homesteads or cemeteries, unless the occupier consents.

What is a Section 40E permit and when do I need one in WA?

It lets a Miner's Right holder prospect with hand-held tools on Crown land inside a granted exploration licence, which covers a lot of goldfields ground. It costs $119, runs three months, covers up to 10 adjoining graticular blocks in one licence, and allows up to three named holders. Prospecting cannot start for the first 21 days after issue unless the licence holder provides a statement sooner, so apply well before your trip.

Can I keep the gold I find in WA?

With a Miner's Right on available land, yes: you may keep samples and specimens of minerals you find, up to 20kg per occasion. Under a Section 40E permit you must also advise the exploration licence holder and the department of any minerals recovered within 14 days of the permit ending. A Miner's Right never authorises full mining operations.

Can I fossick or metal detect in national parks in WA?

No. Prospecting and fossicking are not permitted in national parks or nature reserves, and a Section 40E permit cannot be granted over them. Conservation land requires separate authorisation under the Conservation and Land Management Act 1984, so treat parks, nature reserves and State forests as off limits.

Official sources

Rules and fees change, and Australian government fees are commonly updated on 1 July. This page was last verified against the sources above in August 2026. Where this page and an official source disagree, the official source wins.

Keep reading
Where to fossick in Western AustraliaThe public districts Western Australia is known for, when to go, and what has actually been found.Gold prospecting clubs in Western AustraliaClubs and branches that run organised trips, some of which carry the licence and the insurance for you.How to fossick: nine techniquesPanning, sluicing, detecting and sniping, explained step by step with video.

See exactly where these rules let you dig.

Detector Maps puts Western Australia's legal fossicking ground, live mining tenements and a century of historic workings on one map, online or off.

Western Australia gold maps Where to fossick in Western Australia

Fossicking laws Western Australia · Detector Maps