Section 40e Permit For Metal Detecting in WA

Here's how you can easily apply for a Section 40e Permit to go Metal Detecting and Prospecting legally on ALREADY GRANTED Exploration Leases in Western Australia.

This is part of Lesson 16 in the GeoMap Online training program and it is repeated here to assist those who do not have access to our online GeoMap Training website.

How to complete a Section 40E permit application is important to know because much of Western Australia (88% by area of land) is taken up by Mining Companies with Exploration Leases.

You CANNOT go prospecting on those leases without written permission OR a Section 40E Permit approval.

The Permits are simple to get and give you access to around 88 percent of potential gold bearing ground in WA (pegged ground) legally and with little cost.

The cost for a Section 40e permit has been increased  to $109.00 1/7/2023 (it shows as $25 on the video but it has gone up AND it goes up each year Check the fees and charges document at DMIRS for the latest impost) so it is more expensive but you can include 3 people on the application.

You Must also have a Miners Right to Apply for a Section 40e, Here is a link to Information About Miners Rights

Percentage of Leases that are Exploration LeasesPercentage of Leases that are Exploration Leases

This is the Percentage of Leases that are Exploration Leases in WA by Area.

Section 40e Online Application and Payment, how to apply and pay online for a Section 40e permit. Lesson 16

The video shown in Lesson 16 is included above.

This lesson is a bonus video and lesson in case you would like to apply and pay for a Section 40e Permit to go Prospecting on a Granted (or Live) Exploration Tenement in Western Australia.

It will be helpful for people from Overseas countries or even the Eastern States people so you can plan ahead and apply for your Section 40e Permit - Remember that you must apply at least a month before you want to go gold prospecting because:

  • 1. You will need a few days for the approval process to be completed by the DMIRS.
  • 2. After the date of approval on the Section 40e form is advised to you, then you must wait 21 days from that date before you can access the Exploration Lease you have selected (unless you get written approval of the Leaseholder).
  • 3. Those 21 days should give sufficient time for the Section 40e to arrive to you and for you to advise the Pastoral Leaseholder of the dates of your visit.

Make sure you include an email address on your application so that advice can be sent to you electronically - it cuts down the time and if you are travelling of course you may have not fixed address.



The video shows you how to do the following things;

  • 1.0  Log in to Mineral Titles Online,
  • 2.0   Select Section 40e Transactions,
  • 3.0  Add Applicants to the Section 40e Application,
  • 4.0 Fill in Section 40e form and Upload,
  • 5.0 Payment Process and Add To Cart.


Download Lesson 16 Notes - How to Apply and Pay for a Section 40e Application online (PDF)

This is what you should now be able to do or have done (after the training);

  • Access Mineral Titles Online (MTO) with your own account. (Tengraph Online Username and Password will enable you to log in to MTO)
  • Find the Section 40e application among the many options.
  • Complete the form.
  • Upload a copy of the Section 40e Application that is signed.
  • Understand the online payment process and pay online.

Additional Resources for the Lesson

Link to Section 40e Form that you need to complete and scan in at the end of the process.

DMIRS Section 40 e Permit Page


Section 40e Form Is Available on the DMIRS Page. Scroll down and click on the link; Where to get the Section 40e form

DMIRS Section 40e Brochure

Example of the Section 40e Form

Section 40e Application FormSection 40e Application Form - Click on the link above to obtain a copy.

You can print this form out, complete it, attach your Graticular Polygon sheet which is completed using Tengraph Web, send it or deliver it to the Department of Mines with your fee.

 After it is approved you are good to go 21 days after the approval Date.

Section 40e Permit Key Points

  • Issued for 3 Months but you cannot metal detect or prospect until 21 days after the permit issue date.
  • Can include up to 3 Holders on the one permit all are jointly liable for the activities under the permit.
  • Limits prospecting to a depth of 2 metres from the natural Surface
  • Limits the taking of samples to 20kg.
  • Does not allow the use of power or Hydraulically driven tools.
  • Covers a maximum of 10 graticular blocks within the one Exploration Licence, each block must have a common side to another block.
  • The Granted Section 40e application will provide the details and conditions of the approval.
  • You must put in a report to the Department of Mines and the Leaseholder of minerals found and the location after the permit expires.

What Happens AFTER You Have Sent Your Permit Application For Approval

- What will happen is that you will receive a copy of the approved permit with a map of the graticules that have been granted and any other conditions required.

- 21 days after the issue of the permit you may prospect on the land until the permit expires.

- You can ask the Leaseholder for early access if you want to get there earlier.

- After expiry you will need to provide details to the DMIRS and the Leaseholder of minerals you have found and the location.

Here is some Information taken from the DMP Section 40e Brochure.

....."Although the consent of the exploration licence holder is not required, the licence holder will be notified by the Department, of the issue of a permit and has 21 days to advise the permit holder in a licensee statement of any concerns relating to the nominated area."

....."The permit holder will receive a permit and map of the area showing the nominated graticular blocks on the exploration licence."

- The permit holder must forward a copy of the permit and map to any pastoralist affected, before commencing prospecting. (Note those Pastoralist details will be provided by DMIRS)

- The Department will notify the exploration licence holder by mail, with a copy of the permit and map.

...."The permit holder is required to advise the holder of the exploration licence and the Department of any minerals recovered within the permit area within fourteen (14) days of the expiry, cancellation or surrender of the permit."

Where to Lodge Your Permit Form

You can Lodge the Section 40e Permit form ;

- Online as described in the Video above.

- By Posting it.

- At the Perth Department of Mines and Petroleum site at level 1, 100 Plain St East Perth.

- Lodging at  one of the Mining Registrar Offices scattered throughout Western Australia at the following towns.
Marble Bar,
Mt Magnet,
Norseman, (Not always open - check opening times)
Southern Cross.

Important Information for ALL Section 40e Users.

APLA (The Amalgamated Prospectors and Leaseholders Association of WA) fought very hard to get the Section 40e concession for Recreational Prospectors.

It is imperative if you want to keep the privilege of the Section 40e Permit that you abide by the rules. There is a massive push to get Section 40e removed - don't contribute to that by breaking the law or being a bad Prospecting neighbour.

In Particular:

  • Provide your report in the time frame required. (Within 14 days - make sure you do it otherwise you will suffer penalties.)
  • Provide an Honest report of localities and gold found - this really assists the Leaseholder or Mining Company to target future soils sampling and exploration.
  • Respect the Exploration Leaseholders and don't interfere with their work.
  • Advise the Pastoral Leaseholder when you will be accessing the property and the dates you will be there and the locations you will be camping for the purposes of gold prospecting.
  • Don't access land you are not allowed to that might be in the boundaries of your Section 40e (other leases, Reserves, Native title land)
  • Use only hand held tools.
  • Fill any holes you dig.
  • Look after the land, the tracks, the fences, remove rubbish - leave it cleaner than when you came.

Dinkum - This privilege is only available in WA the other States prospectors have already lost their Prospecting Rights - DON'T CONTRIBUTE TO WA LOSING OURS

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