DEPARTMENT OF MINES & ENERGY
Mineral Titles Act and Regulations
INFORMATION BULLETIN
FOSSICKING - RIGHTS & OBLIGATIONS
OVERVIEW
Fossicking is a non-commercial, recreational activity allowing a person to collect, extract and remove a
limited amount of rocks, minerals and crystals by means of digging by hand or using hand held
implements, to a depth of up to one metre.
Authorised fossicking in the Northern Territory is permitted under the Mineral Titles Act (the Act) and
Mineral Titles Regulations, which are administered by the Mineral Titles Division of the Department of
Mines & Energy, who are responsible to the Minister for Mines and Energy.
This document briefly outlines the rights and obligations of the fossicker and the landowner/occupier of
the land (the landowner) and/or the mineral title holder (title holder).
GENERAL INFORMATION FOR THE LANDOWNER OR MINERAL TITLE HOLDER
(Regulations 100 and 103)
Fossickers are expected to conduct themselves in a lawful and courteous manner at any time they are
engaged in fossicking, or other related activities, on relevant land or a mineral title area. Additionally
fossickers are expected to respect the activities of the landholder, by leaving gates as they find them,
(e.g. open or closed), remove rubbish and cause minimal disturbance.
Before entering certain areas to fossick, a person may be required to give at least 7 days’ written notice
(a Fossicking Notice) to the landowner and/or the title holder. In circumstances where written consent is
required, a fossicker must request consent in writing (a Fossicking Request) from the landowner and/or
title holder, at least 14 days in advance. Entry onto the land is not permitted until consent is received.
Full details of land or mineral title areas that require a notice or request to be given is outlined in the
Information Bulletin ‘’Fossicking – Land Access’ available at www.minerals.nt.gov.au.
RIGHTS OF THE LANDOWNER OR TITLE HOLDER
REFUSAL OF CONSENT
(Regulations 104 and 105)
Where a fossicking request would substantially interfere with the landowner’s and/or title holder’s use of
the land i.e. mustering, farming, exploration operations, the landowner and/or title holder may refuse a
person’s fossicking request by giving written notice, stating the reasons for the refusal. However, the
landowner and/or title holder may not unreasonably refuse a fossicking request.
If the fossicker has entered the land to fossick, as authorised by section 168 of the Act ‘Constructive
consent of landowner’ and the landowner subsequently gives notice refusing the fossicking request, the
fossicker must leave the land without delay.
Document1
If the fossicker believes that consent has been unreasonably refused, the fossicker may apply to the
Lands, Planning and Mining Tribunal to have the matter decided.
WITHDRAWAL OF CONSENT
(Regulation 105)
The landowner and/or title holder who has consented to a person’s fossicking request may, by written
notice to the fossicker, withdraw consent if they reasonably believe that the person has contravened
requirements or conditions under the Act relating to fossicking, or the person’s fossicking is interfering
with the use of the land i.e. cattle mustering, land improvements, exploration etc.
The landowner and/or title holder must give reasons for the refusal in the notice and on receipt of the
notice, the fossicker must leave the relevant land without delay.
GENERAL RIGHTS AND OBLIGATIONS OF THE FOSSICKER
All land within the Territory is available for fossicking, provided the necessary Notices and Consents
(where required) are obtained.
A person conducting authorised fossicking has the right to extract the following amounts of rocks,
minerals or crystals:
100 gm gold including nuggets
1 kg gemstones
20 kg of a mineral other than gold or gemstones
100 kg of a mineral bearing material
100 kg of ornamental stones
If a fossicker is lucky enough to find a nugget/s in excess of 100 gm, they can keep the gold provided
that all other requirements including reporting, notification and any required consents have been
complied with.
NOTE: This only applies to the discovery of a nugget/s weighing over 100 gm each and does not imply
an increase of the general prescribed amount of 100 gm.
A person DOES NOT have the right to remove fossils, meteorite fragments, diamonds, aboriginal
artefacts or heritage objects.
COMPLIANCE WITH CONDITIONS
(Section 143 and Regulation 110)
 A fossicker in a declared fossicking area must comply with any conditions imposed by the
Northern Territory Minister in addition to any other laws in force in relation to the land. Any
specific conditions relating to a declared fossicking area can be found under the ‘Fossicking
Individual Site Information’ area of the Mines and Energy website or contact Titles Division.
 If not within a declared fossicking area, a fossicker must comply with the reasonable conditions or
requests of the landowner of the land on which he or she is fossicking; and.
 Must not use water conserved artificially, such as a dam, on the land without the landowners
consent.
DOCUMENTS REQUIRED TO BE IN A PERSON’S POSSESSION
(Section 168 and Regulations 108 and 110)
When carrying out fossicking activities, a person must have in their possession:
 Photographic identification of the person; and
 In relation to land or a title area where a person is required to give a fossicking notice - proof that
a fossicking notice was given;
 In relation to all land where consent has been given to fossick – the document giving consent; or
 Where a person is required to obtain written consent of a landowner; has served the landowner
and no written response is received within 2 months, consent is deemed. If a fossicker has
entered the land under this condition, they are required to carry proof that they gave a fossicking
request to the landowner.
The person must show the documents to any of the following persons who ask to see them and failure to
do so can result in penalties:
 The landowner/occupier of the land;
 If the land is in the title area of a mineral title, the title holder;
 An authorised officer or police officer.
The fossicker is also obligated to comply with other laws in force in relation to the land on which the
fossicker is fossicking.
MORE FOSSICKING INFORMATION IS AVAILABLE ON INFORMATION BULLETINS;
 Fossicking – Offences
 Fossicking – Land Access
CONTACT INFORMATION
Department of Mines and Energy - Mineral Titles Division
Address: 5th Floor Centrepoint Building, 48-50 Smith Street, DARWIN NT 0800
Postal Address: GPO Box 4550, DARWIN NT 0801
Phone: 08 8999 5322
Fax: 08 8981 7106
Email: titles.info@nt.gov.au
Website: www.minerals.nt.gov.au