QLD Fossicking Laws!!!

I am not a lawyer but from my reading of the act section 38 states -:

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

Click to expand...

fossick is defined in section 5 as -:

Meaning of fossick

(1) Fossick means

(a) search for fossicking materials in a systematic or unsystematic way

(i) on the grounds surface; or
(ii) by digging with a hand tool; or

(b) collect fossicking materials.

(2) However, a person does not fossick merely because the person picks
up a specimen of fossicking material the person finds by chance when
doing something other than fossicking.

Click to expand...

so the ban on use of machinery would only apply to removal or collection of the dirt not how you process the dirt making sluices and highbankers legal to use.

Whilst I appreciate the information that they are illegal is coming from mining wardens they appear to not understand,either, the equipment or the act

outboard said:

I am not a lawyer but from my reading of the act section 38 states -:

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

Click to expand...

fossick is defined in section 5 as -:

Meaning of fossick

(1) Fossick means

(a) search for fossicking materials in a systematic or unsystematic way

(i) on the grounds surface; or
(ii) by digging with a hand tool; or

(b) collect fossicking materials.

(2) However, a person does not fossick merely because the person picks
up a specimen of fossicking material the person finds by chance when
doing something other than fossicking.

Click to expand...

so the ban on use of machinery would only apply to removal or collection of the dirt not how you process the dirt making sluices and highbankers legal to use.

Whilst I appreciate the information that they are illegal is coming from mining wardens they appear to not understand,either, the equipment or the act

Click to expand...

BINGO !!

outboard said:

I am not a lawyer but from my reading of the act section 38 states -:

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

Click to expand...

fossick is defined in section 5 as -:

Meaning of fossick

(1) Fossick means

(a) search for fossicking materials in a systematic or unsystematic way

(i) on the grounds surface; or
(ii) by digging with a hand tool; or

(b) collect fossicking materials.

(2) However, a person does not fossick merely because the person picks
up a specimen of fossicking material the person finds by chance when
doing something other than fossicking.

Click to expand...

so the ban on use of machinery would only apply to removal or collection of the dirt not how you process the dirt making sluices and highbankers legal to use.

Whilst I appreciate the information that they are illegal is coming from mining wardens they appear to not understand,either, the equipment or the act

Click to expand...

Sorry fellas, I quoted this post before I realized it referred to Qld.
I got back in to edit it and deleted what I had to say. I thought your points were referring to the proposed new Vic legislation.
Cheers Ron.

Hi Everyone, I also spoke to the Mareeba guys ie Michael and Peter and was told that the use of a sluice was illegal, but like Tone suggested if you have a friend who will allow you on their lease it's fine (possibly if it's in their mining plan) not sure how that works if the friend has already submitted their plan of operation.
I am like a lot of others and feel we are being persecuted by those who can't find the time or are misinformed as to how a sluice is operated and have just thrown a blanket over everyone.
If, for argument sake we have to submit our sluice design and method of operation and were allocated a number for their records I'd be interested if it helps, also if there are areas we can purchase as sluicing leases, ie half acre or smaller along a designated water way and pay the fees like the big guys do but on a minute scale, this may be in our favour.
Also this would create employment for extra inspectors to manage us low life, wrongdoers, hahahaha

The regs say specifically what you can use. They don't list what you can't use.
I feel that the other clauses cover what's needed to be covered with regards environmental protection. Providing a fossicker stays within the other requirements then from a practical point and the intention of the act, other equipment should be allowed. If I want to run a massive highbanker then I should be allowed providing I stick within the already existing regs. Open up the equipment that is allowed and perhaps fine tune the other clauses around it.

I think one of the sticking points is what is the legal definition of fossicking? To me, it is the act of deliberately searching for specific items such as gold or gemstones as an amateur. Wether the raw material is worked on site or at home, you are still fossicking while working that material.
Simply limiting the tools allowed does not achieve what the fossicking act is there for. Ten people on shovels and gold pans could do a lot of damage if they ignored the other rules.

I really do apologise for so many posts in a row.
The act specifies what may be used to fossick. It also gives a definition of what fossicking is. It also gives a definition of what fossicking material is. So, in Qld it is illegal to use a sluice anywhere, even at home. One could also argue it is illegal to use a blue bowl or even a snuffer bottle.

This should help

Fossicking Act 1994
Part 3 Licences
Current as at 3 May 2013 Page 27
(2) A licensee must not contravene a restriction prescribed by
regulation.
Maximum penalty50 penalty units.
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.

Jaros

Like I said, a snuffer bottle is prohibited to use. It is not in the prescribed list of hand tools.

Andrew Cripps MP is the person to voice your concerns to and request a revision of the Act. Get all your mates to send one too.

Lets hammer this. Politicians care about votes and no more. Flood them. Be polite. Be concise. The public servants reading your emails or letters may be one up from useless but they are still just employees. Don't take it out on them. Just show Andrew that we do care and do want changes. It won't happen by itself.

These are the list of hand tools allowable for fossicking in Qld
a pick, shovel, hammer, sieve, shaker, or electronic
detector.
We can't even use a gold pan!
Please let's get this act reworked and make it sensible. Nothing will happen if no one says anything outside these forums.

Hi Glot, nowhere in the rules does it say you cannot use a Gold Pan

Fossicking rules and responsibilities
Permitted activities and materials

Your fossicking license allows you to search for and collect fossicking materials using hand tools and for recreational, tourist and educational purposes only.
Permitted tools and extent of diggings

Hand tools such as picks, shovels, hammers, sieves, shakers, electronic detectors and other similar tools can be used. No machinery is permitted.

You can collect from the surface or by digging, but you are not permitted to dig below 2m of the natural ground surface of land or below 0.5m in streams. Overhangs and tunnels are not allowed.

On road reserves, no digging is permitted but collection from existing exposures is allowed.
Materials collected

You can collect gemstones, ornamental stones, mineral specimens, alluvial gold (including nuggets) and some fossil specimens, but not meteorites and fossils of vertebrate animals.

Read and relax.
Jaros

Read the definition of hand tools. Very specific as to what you can use. You need to read the definitions in conjunction with the clauses. This Act is a joke.

Where does it indicate you can't use a gold pan??

Im in qld and i use a sluice/highbanker most people give me drama over it . Mostly metal detectorist. Others just dont know but they put there 2cent worth in. Basically discribes the tools allowed to gather material. Nothing about the processing of the material! Just how you gather it no bulldozers no dredging !!
Lol no tnt!!! I will debate the leg off a chair ! Qld wont open up new grounds because they locked it up for there future nest egg.
The government cant make money opening it to fossickers has to be a mining company leasing is money.

Yobskin,

The mechanisms to get more areas opened up are all in the existing Act.

Qld Govt. opened up 3 large areas in Warwick about 18 months ago after lobbying from forum members on another forum I am on.

Thanes Creek, Duraki and Talgai fossicking areas.



These are old goldfields which includes the Canal Creek goldfield which was the richest Alluvial Goldfield in Queensland at one time.

There has been some good gold won from all three of these areas since they were opened up.

In this case they went and talked to the minister for mines to get the government land opened up.

However if you don't want to talk to the minister and want more areas opened up in your area then you need to find land owners who are willing to put a General Permission Area (GPA) on a portion of their land as that mechanism is already in place with Qld Govt. once the landholder agrees then talk with your local member to get it approved via the mines department. The landowner is consulted at every step of the process and gets to set the conditions under which people can access and use the land. i.e. no camping / camping is allowed, no fires, close the gates, etc.

I heard that after the areas in Warwick were opened up there was talk of Gympie wanting to get some of their areas opened up so they could promote Geotourism.

Its a real shame the Gold Panning championships Gympie used to hold every year keep getting cancelled as it would have been a great way to help promote this idea.

Cheers,

Grant

Ok. Few of you are reading the Qld fossicking Regulation so I will explain. The Act is the legal document passed in Parliament. The regulation is the working version. If there was a code of practice, this would be the in the field working guide. With any of these, it is necessary to read the lot as a whole. Read the definitions. Fossicking material is not the dirt you dig up, it is what you and up with, in this case, gold. Hand tools are clearly defined. There are no other hand tools allowed other than those listed. Doesn't matter if you think otherwise, the law is the law!
With elections upon us, now is the time to lobby anyone you can to get these silly and over restrictive laws changed. No one says anything and nothing will change. Why can 4WDs churn up the bush but a fossicker cannot use a river sluice? Because they have more voice. They shout louder. Simple as that.

No offence glot... ole mate but the first half of your statement reads like the qld fossicking act not very detailed and im still none the wiser after reading it.
Though i do agree with making some noise. us prospectors are too quite we need to unite!!! we need to appoint some one to be our voice who do we know ??? Lol Clive palmer...

Anyone know if any of the candidates opposing campbell newman are sympathetic toward hobbyist prospectors?
Also 4wd users by and large use roads and tracks properly but like all hobbys there will be a minority which decide they can do as they please, these are the bush bashing fools that cause problems. Imo they are no better than people who carve out creek bank for a few specks and dont get persecuted for their bush destruction as readily.because they are usually kilometers away by the time someone comes along and sees the mess whereas a prospecter is often close by and an easier target. That said there are many tracks once used by offroaders which are now locked and gated because some fool decided to make a new track by hacking down trees or carving up the side of a hill for fun.
I dread the day some moron decides to take his 4wd for a ride down a rainforest creek to remove a boulder thats hindering his search for gold...