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I replied to the person from the QLD Govt who emailed my license to, and asked them to please clarify what exactly can I use say at 'Gympie', i.e definition of mechanical tools etc.
Here is their response. This was from Rossco.
Len
Simple answer to your question, only hand tools as listed below from the Fossicking Act 1994.
hand tool means
(a) a pick, shovel, hammer, sieve, shaker, or electronic
detector; or
(b) a tool declared by regulation to be a hand tool.
This would mean that equipment or mechanical devices powered/operated by electrical, solar, battery, internal combustion, pneumatic, winched etc are a prohibited machine.
This also includes pumps for high bankers and sluice boxes.
The only exception to this is in the hand tool definition, a metal detector(electronic detector) is permitted.
:lol: Sluices which use the natural flow or are feed with water by hand means (no mechanical pump etc) are acceptable.
:lol: Hand held crevice sucker is acceptable so long as there is no mechanical device powering it, eg electrical, solar, battery, internal combustion, pneumatic etc
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FossickingA94.pdf Fossicking Act 1994
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FossickingR09.pdf Fossicking Regulations 2009
38 Use of machinery etc. prohibited
A person fossicking under a licence must not use machinery
or equipment (other than a hand tool) to fossick.
Maximum penalty400 penalty units.
39 Limits on digging
(1) A person fossicking under a licence must not dig below
ground level
(a) to a depth, measured from the highest point at the top of
the land dug, of more than
(i) 0.5m in a watercourse; or
(ii) 2m on other land; or
(iii) a depth fixed under subsection (2); or
(b) if the digging involves tunnelling under land or creating
an overhang; or
(c) in a road reserve.
Maximum penalty20 penalty units.
16 Structures, dams and machinery
A person must not erect an enclosed structure, dam or
pipeline, or install fixed machinery, on designated fossicking
land or a fossicking area.
Maximum penalty50 penalty units.
19 Other prohibited conduct
A person on designated fossicking land or a fossicking area
must not
(a) use a weapon, trap or explosive on the land, unless the
person has a reasonable excuse; or
(b) operate a generator, engine-driven equipment, radio or
other electrical appliance in a way that may
unreasonably annoy someone else on the land; or
(c) damage or destroy a wall, fence, building, barrier, sign,
receptacle or other structure; or
(d) light a fire
(i) in a place other than a cleared space with a radius
of at least 2m or a properly built fireplace; or
(ii) if, under a sign erected on the land by the chief
executive, a person must not light a fire on the
land; or
(e) allow water, other than water the person brought onto
the land, to run to waste; or
(f) if, under a sign erected on the land by the chief
executive, a person must not bring a cat or dog onto the
landbring a cat or dog onto the land.
Maximum penalty20 penalty units.
I think this clarifies things for us in QLD
Regards
Len
Here is their response. This was from Rossco.
Len
Simple answer to your question, only hand tools as listed below from the Fossicking Act 1994.
hand tool means
(a) a pick, shovel, hammer, sieve, shaker, or electronic
detector; or
(b) a tool declared by regulation to be a hand tool.
This would mean that equipment or mechanical devices powered/operated by electrical, solar, battery, internal combustion, pneumatic, winched etc are a prohibited machine.
This also includes pumps for high bankers and sluice boxes.
The only exception to this is in the hand tool definition, a metal detector(electronic detector) is permitted.
:lol: Sluices which use the natural flow or are feed with water by hand means (no mechanical pump etc) are acceptable.
:lol: Hand held crevice sucker is acceptable so long as there is no mechanical device powering it, eg electrical, solar, battery, internal combustion, pneumatic etc
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FossickingA94.pdf Fossicking Act 1994
http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FossickingR09.pdf Fossicking Regulations 2009
38 Use of machinery etc. prohibited
A person fossicking under a licence must not use machinery
or equipment (other than a hand tool) to fossick.
Maximum penalty400 penalty units.
39 Limits on digging
(1) A person fossicking under a licence must not dig below
ground level
(a) to a depth, measured from the highest point at the top of
the land dug, of more than
(i) 0.5m in a watercourse; or
(ii) 2m on other land; or
(iii) a depth fixed under subsection (2); or
(b) if the digging involves tunnelling under land or creating
an overhang; or
(c) in a road reserve.
Maximum penalty20 penalty units.
16 Structures, dams and machinery
A person must not erect an enclosed structure, dam or
pipeline, or install fixed machinery, on designated fossicking
land or a fossicking area.
Maximum penalty50 penalty units.
19 Other prohibited conduct
A person on designated fossicking land or a fossicking area
must not
(a) use a weapon, trap or explosive on the land, unless the
person has a reasonable excuse; or
(b) operate a generator, engine-driven equipment, radio or
other electrical appliance in a way that may
unreasonably annoy someone else on the land; or
(c) damage or destroy a wall, fence, building, barrier, sign,
receptacle or other structure; or
(d) light a fire
(i) in a place other than a cleared space with a radius
of at least 2m or a properly built fireplace; or
(ii) if, under a sign erected on the land by the chief
executive, a person must not light a fire on the
land; or
(e) allow water, other than water the person brought onto
the land, to run to waste; or
(f) if, under a sign erected on the land by the chief
executive, a person must not bring a cat or dog onto the
landbring a cat or dog onto the land.
Maximum penalty20 penalty units.
I think this clarifies things for us in QLD
Regards
Len