Last checked: August 2026.
We could not find any Commonwealth, state or territory law that names magnet fishing. That is not the same as saying nothing applies — several general frameworks do, and they differ significantly between states.
The two things that actually govern it
1. Heritage and relics law. Every state protects archaeological material, and in several the permit requirement is triggered by searching or disturbing, not by what tool you use. There is a duty to report finds in most jurisdictions.
2. Where you are standing. National parks, reserves and protected areas have their own regulations, and several expressly prohibit metal detectors and, more broadly, digging, disturbing or removing objects.
An honest open question
Several state park regulations prohibit "metal detectors" or "devices for detecting metal". Whether a fishing magnet falls within those words is not settled — we found no case law or official determination either way.
What is clear is that this question may not matter much in practice, because the separate provisions on digging, disturbing and removing objects apply regardless of what tool is used.
State by state
| State | What the rules say | Authority |
|---|---|---|
| NSW | Heritage Act 1977: a "relic" has no age threshold — the test is heritage significance. "Excavation" expressly extends to land beneath State waters and includes dredging a watercourse. A s.139 permit is needed to disturb land where a relic may be found, and s.146 requires anyone discovering a relic to notify the Heritage Council. Park regs separately ban metal detectors. | Heritage NSW |
| VIC | Heritage Act 2017: an archaeological site contains material 75 or more years old. Heritage Victoria states it is an offence to disturb an archaeological site, including removing an artefact, and that this applies to all sites, not only listed ones. | Heritage Victoria |
| QLD | Heritage Act 1992: "land" includes Queensland waters. Underwater cultural heritage artefacts are those in Queensland waters at least 75 years. s.89 requires notification on discovering an artefact you know or ought reasonably to know is an important source of information about Queensland's history. | Dept of Environment, Tourism, Science and Innovation |
| WA | Maritime Archaeology Act 1973: a "relic" is tied to a ship lost before 1900, and the WA Museum states maritime archaeological sites include bays, harbours and rivers. It is an offence to remove, damage or take possession without consent, and failing to notify a relic find is an offence. | WA Museum, Dept of Maritime Archaeology |
| SA | Heritage Places Act 1993 s.27: a permit is required to "excavate or disturb any land... for the purpose of searching for or recovering archaeological artefacts of heritage significance" — maximum $75,000. Note the trigger is disturbing land, not using equipment. | Heritage SA |
| TAS | Aboriginal Heritage Act 1975 s.14: no interfering with or removing a relic, and no excavation or other work on Crown land "for the purpose of searching for a relic", except under Ministerial permit. Park regs prohibit even bringing or possessing a metal detector on reserved land. | Aboriginal Heritage Tasmania; Heritage Tasmania |
| ACT | Heritage Act 2004: strict-liability offence to fail to report discovery of an Aboriginal place or object. Note Lake Burley Griffin is Commonwealth National Land, administered by the National Capital Authority. | ACT Heritage Council; NCA |
| NT | Heritage Act 2011: Aboriginal and Macassan archaeological places and objects have automatic protection. Work approval required; written report to the CEO on discovery within 7 days. | NT Heritage Branch; AAPA |
There is no national age threshold. NSW uses significance with no age test, Victoria and Queensland use 75 years, WA maritime relics key off ships lost before 1900. Do not assume one state's rule travels.
The Commonwealth layer
The Underwater Cultural Heritage Act 2018 protects vessel remains and associated articles that have been in Australian waters at least 75 years, whether or not their location is known.
Its reach matters: "Australian waters" is defined as waters landward of the territorial sea that are not within the limits of a State, plus the territorial sea and continental shelf. On that definition, rivers and lakes inside a State generally fall outside it — states retain responsibility for their own inland and coastal waters.
Where it does apply, s.40 requires written notice to the Minister within 21 days of finding an article that appears to be of archaeological character.
National parks
Express metal-detector prohibitions were confirmed in NSW, Queensland, South Australia, Tasmania and the Northern Territory park regulations. Tasmania's goes furthest, prohibiting bringing or possessing a detector on reserved land at all, and expressly listing "coin" among things not to be removed.
We found no equivalent detector provision in the Victorian or WA park regulations — but the general digging and removal offences still apply there.
Dangerous finds
Unexploded ordnance. Department of Defence guidance: "If you should find a suspicious item that may be UXO, do not touch or disturb it." The stated steps are to mark the location or note landmarks, leave the area immediately, and call police. Defence adds: move away to a safe distance and call Triple Zero (000).
Firearms. All eight jurisdictions operate under the permanent National Firearms Amnesty in place since July 2021. Victoria Police guidance is to contact a licensed firearm dealer or a local police station — by telephone first. WA, Tasmanian and NT police all state: do not attend a station unannounced. Possessing an unregistered firearm is an offence in every jurisdiction. Police Assistance Line 131 444.
Before you go
- Work out who manages the water — state parks, council, port authority, or private.
- Check that body's regulations, and your state's heritage act reporting duty.
- Assume national parks are a no.
- Know your state's reporting process before you find something old.
This article is general information about published rules, not legal advice, and it is not a statement of what will or will not happen to you. State and territory rules differ substantially and change. Always confirm the current position with the authority responsible for the water you plan to fish, and seek qualified legal advice if anything material turns on it.
