Laws for Fossil Finds

Know the rules.

The rules and regulations for fossil discoveries varies according to two main factors:

• What state you are in

• Who owns the land where you find the fossil (e.g., if it is your property, or a national park, or on crown land [like a public beach]

The Protection of Moveable Cultural Heritage Act 1986 also ensures that significant Australian fossils are not exported out of the country without the appropriate permits.

 State-by-State Legislation

 The laws and governing bodies for fossil materials varies from state to state. Here we have provided some easy to navigate information for what rules may apply to you in each state, who you can contact if you find something, and extra resources where you can find more information.

Rules & Regulations

• Fossils found on private land are the property of the landowner, leaseholder, or native title representative. Make sure you gain permission from the relevant owners to fossick or collect fossils on private land.

• In National Parks, a person “may not carry or possess, interfere with, dig up, cut up, collect or remove for any purpose any fossil” (National Parks and Wildlife Act 1974)

• Local councils may establish by-laws prohibiting collection of fossils, so check council websites or call them for details

• Fossils can be collected on crown land by means of fossicking and the finder is entitled to keep the specimens collected. On crown land leases, permission of the lessee needs to be obtained (Australian Museum 2021).

Who you can contact:

For fossil identification, excavation of finds, possible research opportunities for significant finds, and potential donations and storage, a museum is the generally the go-to authority for fossil finds.

Other Resources

Rules & Regulations

• Fossils found on private land are the property of the landowner, leaseholder, or native title representative. Make sure you gain permission from the relevant owners to fossick or collect fossils on private land.

• The Nature Conservation Act (2013) prohibits the damage, destruction, or removal of materials, including clay, gravel, rock, sand, soil or stone, from reserved areas.

Who you can contact:

For fossil identification, excavation of finds, possible research opportunities for significant finds, and potential donations and storage, a museum is the go-to authority for fossil finds.

Other Resources

Rules & Regulations

• Fossils found on private land are the property of the landowner, leaseholder, or native title representative. Make sure you gain permission from the relevant owners to fossick or collect fossils on private land.

• On crown lands, you need consent to collect from the Department of Environment, Land, Water and Planning

• When fossicking, only surface collecting is allowed, no manual or mechanical digging is permitted.

Who you can contact:

For fossil identification, excavation of finds, possible research opportunities for significant finds, and potential donations and storage, a museum is the go-to authority for fossil finds.

Other Resources

Rules & Regulations

• Fossils found on private land are the property of the landowner, leaseholder or native title representative. Make sure you gain permission from the relevant owners to fossick or collect fossils on private land.

• On designated fossicking areas, you also need a fossicking licence as outlined in the Fossicking Act 1993. Under this act, the collection of vertebrate fossils is not allowed.

• Once you have obtained your fossicking licence, you are allowed to manually dig for fossils, but the use of machinery for digging is not permitted. You can read more about the fossicking rules and responsibilities here.

• Fossicking is not allowed in national parks and conservation parks, nor in State forests and timber reserves

Who you can contact:

For fossil identification, excavation of finds, possible research opportunities for significant finds, and potential donations and storage, a museum is the go-to authority for fossil finds.

Other Resources

Rules & Regulations

• Fossils found on private land are the property of the landowner, leaseholder, or native title representative. Make sure you gain permission from the relevant owners to fossick or collect fossils on private land.

• Known fossil beds are protected as heritage places under the NT Heritage Act 2011.

• Fossicking on vacant crown land is acceptable or on declared fossicking areas.

• You are not allowed to collect vertebrate fossils, or fossick on protected fossil sites. Fossicking in National Parks and other protected areas is also not allowed.

Who you can contact:

For fossil identification, excavation of finds, possible research opportunities for significant finds, and potential donations and storage, a museum is the go-to authority for fossil finds.

Other Resources

Rules & Regulations

• Fossils found on private land are the property of the landowner, leaseholder, or native title representative. Make sure you gain written permission from the relevant owners to fossick or collect fossils on private land.

• You will need a Miner’s Right to collect any fossils. Only manual digging is allowed, with mechanical digging not permitted.

• No collecting is to be made on Crown Reserves (e.g. National Parks, State Forest areas, regulated Geoheritage Reserves) without prior written approval from the relevant State or Federal Government agencies. The only exceptions to this are those State Reserves listed as having a Common, Public Utility or Mining purpose (Geological Survey of WA).

Who you can contact:

For fossil identification, excavation of finds, possible research opportunities for significant finds, and potential donations and storage, a museum is the go-to authority for fossil finds.

Other Resources

Rules & Regulations

• In South Australia, all fossils, regardless of where they were found (i.e., on private land, in national parks, etc.), are considered to be the property of the crown. Fossils cannot be collected on Crown land (this includes leasehold land) without lawful authority (subject to terms of the lease).

• Consent can be obtained from the crown to collect fossils for research purposes with a Scientific Research Permit.

Who you can contact:

For fossil identification, excavation of finds, possible research opportunities for significant finds, and potential donations and storage, a museum is the go-to authority for fossil finds.

Other Resources

Rules & Regulations

• Fossils found on private land are the property of the landowner, leaseholder, or native title representative. Make sure you gain permission from the relevant owners to fossick or collect fossils on private land.

• If you are not in an area marked out for fossicking, you will need a fossicking permit for crown lands.

• Uncommon fossils must be referred to Mineral Resources Tasmania

Who you can contact:

For fossil identification, excavation of finds, possible research opportunities for significant finds, and potential donations and storage, a museum is the go-to authority for fossil finds.

Other Resources

The information provided here is a guide only. Apart from the specific legislative acts and websites references, this information is primarily based on:

• Thorn, K. 2021. How to hunt fossils responsibly: 5 tips from a professional palaeontologist. The Conversation. [online]. Available: https://theconversation.com/how-to-hunt-fossils-responsibly-5-tips-from-a-professional-palaeontologist-156861. [Accessed 14-Nov.-2021].

• Percival, I. 2014. Protection and Preservation of Australia’s Palaeontological Heritage. Geoheritage 6, 205-216. DOI: 10.1007/s12371-014-0106-z.

This information was last updated 14/11/2021.

FACT CHECK: While we strive to provide accurate and honest information that is based on current literature and resources, we may not always get it right. If you see something that doesn’t look right, please contact us!