NSW a Minefield of Rules Simplified (hopefully).

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mbasko

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The fossicking/prospecting rules in NSW have become a minefield to navigate & unfortunately very confusing to many people, especially those new to the hobby.
In an effort to simplify things & address some enquiries I've put together the following summary.

Private Property
The consent/permission of the land owner MUST be given. This is pretty straight forward & should be obvious to all. If your unsure of the land status treat it as private property. No permission - No go.

Fossicking Districts
Basically a Fossicking District gives no right of access or any consent/permission to fossick or prospect on any land.
Fossicking Districts only remove the need to get the permission of Exploration Lease holders to fossick on land the Exploration Lease covers.
You MUST still have the consent/permission or, where required, a permit from the land owner/land manager/leaseholder regardless of whether the land is private, under tenure/lease or crown land.
For Unmanaged Crown Land in a Fossicking District a permit from NSW Crown Lands is required & in most cases should be provided (see below for further info).
Outside of Fossicking Districts you, by rights & under law, require the consent/permission of the Exploration Leaseholder also, even on private property. Unfortunately this is not easy to obtain.
Outside of Fossicking Districts permission for Unmanaged Crown Lands, or even Managed Crown Land, becomes a bit tricky. Living in & close by to several Fossicking Districts I've never had this issue but assume for Unmanaged Crown Land they may either require proof you have the Exploration Leaseholders permission or make it part of your conditions. For Managed Crown Land the onus would be on the individual to arrange not the land manager.
Mining & other types of mineral lease are OFF LIMITS altogether without the consent of the Leaseholder.
Fossicking Districts can be found here: https://minview.geoscience.nsw.gov.au/#/?lon=148.5&lat=-32.5&z=7&bm=bm3&l=ta2:y:100

NSW Crown Land
There are 3 types of Crown Land in NSW that need to be considered: Unmanaged, Managed & Under Tenure (Lease).
Unmanaged Crown Land
NSW Crown Lands now require Temporary Fossicking Permits for Unmanaged Crown Lands. These are free, last for 12 months & are obtained from the Crown Lands office nearest to your area of interest.
To apply you'll need the general locality, DP & Lot no."s of the lots you require permits for (obtainable on Minview, SixMaps etc.).
Contact Crown Lands: https://www.crownland.nsw.gov.au/contact-us
Not all applications will be approved due to other factors like Native Title, Environmental issues etc. In my experience most applications have been approved though.
Managed Crown Land
A large portion of NSW Crown Land is under management of various bodies such as Common Trusts, Local Land Services, LGA's/Councils, State Water etc.
To access this type of Crown Land you need the consent/permission of the managing body (no Crown Lands Temporary Permit required).
Some of these areas have standing permission in place but the onus is still on the individual fossicker/prospector to ensure that they are allowed to access & fossick/prospect on the land. It can & does change!
Under Tenure (Lease)
Crown Land that is under tenure/lease is treated like private property. Consent/permission MUST be sought from the leaseholder for fossicking/prospecting activities.

NSW State Forests
Fossicking is allowed in most NSW State Forests with a permit. The permit fee is payable & other info provided here: https://www.forestrycorporation.com.au/visit/activities/fossicking
The NSW State Forest permit only applies to state forest areas. It DOES NOT give any right of access to any other land for fossicking/prospecting.
Map showing NSW State Forest areas where fossicking is and is not permitted: https://minview.geoscience.nsw.gov....&z=7&bm=bm3&l=re4:y:100,ad62:y:100,ad61:y:100
The rules for Fossicking Districts (outlined above) apply to NSW State Forests also.
 
mbasko said:
The fossicking/prospecting rules in NSW have become a minefield to navigate & unfortunately very confusing to many people, especially those new to the hobby.
In an effort to simplify things & address some enquiries I've put together the following summary.

Private Property
The consent/permission of the land owner MUST be given. This is pretty straight forward & should be obvious to all. If your unsure of the land status treat it as private property. No permission - No go.

Fossicking Districts
Basically a Fossicking District gives no right of access or any consent/permission to fossick or prospect on any land.
Fossicking Districts only remove the need to get the permission of Exploration Lease holders to fossick on land the Exploration Lease covers.
You MUST still have the consent/permission or, where required, a permit from the land owner/land manager/leaseholder regardless of whether the land is private, under tenure/lease or crown land.
For Unmanaged Crown Land in a Fossicking District a permit from NSW Crown Lands is required & in most cases should be provided (see below for further info).
Outside of Fossicking Districts you, by rights & under law, require the consent/permission of the Exploration Leaseholder also, even on private property. Unfortunately this is not easy to obtain.
Outside of Fossicking Districts permission for Unmanaged Crown Lands, or even Managed Crown Land, becomes a bit tricky. Living in & close by to several Fossicking Districts I've never had this issue but assume for Unmanaged Crown Land they may either require proof you have the Exploration Leaseholders permission or make it part of your conditions. For Managed Crown Land the onus would be on the individual to arrange not the land manager.
Mining & other types of mineral lease are OFF LIMITS altogether without the consent of the Leaseholder.
Fossicking Districts can be found here: https://minview.geoscience.nsw.gov.au/#/?lon=148.5&lat=-32.5&z=7&bm=bm3&l=ta2:y:100

NSW Crown Land
There are 3 types of Crown Land in NSW that need to be considered: Unmanaged, Managed & Under Tenure (Lease).
Unmanaged Crown Land
NSW Crown Lands now require Temporary Fossicking Permits for Unmanaged Crown Lands. These are free, last for 12 months & are obtained from the Crown Lands office nearest to your area of interest.
To apply you'll need the general locality, DP & Lot no."s of the lots you require permits for (obtainable on Minview, SixMaps etc.).
Contact Crown Lands: https://www.crownland.nsw.gov.au/contact-us
Not all applications will be approved due to other factors like Native Title, Environmental issues etc. In my experience most applications have been approved though.
Managed Crown Land
A large portion of NSW Crown Land is under management of various bodies such as Common Trusts, Local Land Services, LGA's/Councils, State Water etc.
To access this type of Crown Land you need the consent/permission of the managing body (no Crown Lands Temporary Permit required).
Some of these areas have standing permission in place but the onus is still on the individual fossicker/prospector to ensure that they are allowed to access & fossick/prospect on the land. It can & does change!
Under Tenure (Lease)
Crown Land that is under tenure/lease is treated like private property. Consent/permission MUST be sought from the leaseholder for fossicking/prospecting activities.

NSW State Forests
Fossicking is allowed in most NSW State Forests with a permit. The permit fee is payable & other info provided here: https://www.forestrycorporation.com.au/visit/activities/fossicking
The NSW State Forest permit only applies to state forest areas. It DOES NOT give any right of access to any other land for fossicking/prospecting.
Map showing NSW State Forest areas where fossicking is and is not permitted: https://minview.geoscience.nsw.gov....&z=7&bm=bm3&l=re4:y:100,ad62:y:100,ad61:y:100
The rules for Fossicking Districts (outlined above) apply to NSW State Forests also.
Click to expand...
Warning Display Signs on Private Property to Identify the General Public of Trespassing.
In general if someone wants you to stay off of their land they will be required to post no trespassing signs, the general standard is every 75 feet along the property line (again this can vary depending on your local laws).
What i previously was referring to Mbasko on Roy Boys Post.
I knew of this some 40 years ago. Whether the laws have changed since i do not know.
Does it apply to Crown land. Land of State Forestry Commissions. National Parks and Wildlife. Fauna and Flora Reserves again i do not know.
Whether it applies to Freehold Titles. Old Torrens Titles. Lease Hold Titles. Mining Leases and inclusive Indigenous Cultural Land again i do not know.
As we all know in most cases there are Two Laws. One for ourselves and another for everyone else.
Seeking Legal Expert Advise on the subject inclusive Rangers and Police would be a good advise prior to attempting to enforce any kind of penalties.
Just for reference.
Bush.
 
Bush said:
Warning Display Signs on Private Property to Identify the General Public of Trespassing.
In general if someone wants you to stay off of their land they will be required to post no trespassing signs, the general standard is every 75 feet along the property line (again this can vary depending on your local laws).
What i previously was referring to Mbasko on Roy Boys Post.
I knew of this some 40 years ago. Whether the laws have changed since i do not know.
Does it apply to Crown land. Land of State Forestry Commissions. National Parks and Wildlife. Fauna and Flora Reserves again i do not know.
Whether it applies to Freehold Titles. Old Torrens Titles. Lease Hold Titles. Mining Leases and inclusive Indigenous Cultural Land again i do not know.
As we all know in most cases there are Two Laws. One for ourselves and another for everyone else.
Seeking Legal Expert Advise on the subject inclusive Rangers and Police would be a good advise prior to attempting to enforce any kind of penalties.
Just for reference.
Bush.
Click to expand...
Not much use as a reference mate, when you yourself can't be bothered finding out the facts or even updating yourself about something you claim to have known 40 years back! If that's your best contribution to a topic so thoroughly covered by @mbasko above, I'd suggest you pipe down - who knows, you might even learn something.
 
Bush said:
Warning Display Signs on Private Property to Identify the General Public of Trespassing.
In general if someone wants you to stay off of their land they will be required to post no trespassing signs, the general standard is every 75 feet along the property line (again this can vary depending on your local laws).
What i previously was referring to Mbasko on Roy Boys Post.
I knew of this some 40 years ago. Whether the laws have changed since i do not know.
Does it apply to Crown land. Land of State Forestry Commissions. National Parks and Wildlife. Fauna and Flora Reserves again i do not know.
Whether it applies to Freehold Titles. Old Torrens Titles. Lease Hold Titles. Mining Leases and inclusive Indigenous Cultural Land again i do not know.
As we all know in most cases there are Two Laws. One for ourselves and another for everyone else.
Seeking Legal Expert Advise on the subject inclusive Rangers and Police would be a good advise prior to attempting to enforce any kind of penalties.
Just for reference.
Bush.
Click to expand...
Those warning signs aren't required & aren't to give us any right to trespass on any land, private or not.
That signage was/is only a recommendation for property owners, tenants, leasors etc. to protect themselves against possible liability claims if someone were to enter onto their property. It's a written warning to not trespass.
They can still have no signage & verbally tell you to leave. If you don't leave they can call the police to remove you.
There is no requirement in the Inclosed Lands Act 1901 to have signage in place at all!

Inclosed Lands Act 1901:
(b) any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

Trespass​


If a person comes onto your property for a lawful purpose, such as delivering mail or paying you a visit, they are not breaking the law. However, if you ask a person to leave a property where you are the owner or occupier, they must do so. If they do not leave after being asked, they are committing an offence under the Inclosed Lands Protection Act 1901.​
Section 4 of the Inclosed Lands Protection Act makes it an offence to enter inclosed lands without permission. This offence is punishable by a fine of up to five penalty units (or 10 penalty units if the land is prescribed premises, such as a hospital or school).​
Section 4A of the act imposes steeper penalties for remaining on land after a direction to leave by the owner or occupier or the person apparently in control of the land where the offender behaves offensively whilst remaining on the land (Penalty 20 penalty units where the land is a prescribed premise and 10 penalty units in all other cases).​
​
Just for your reference:​
Current NSW Penalty Unit is $110.​
You can also check the NSW Crown Lands Act & NSW Mining Act + Regulations in regards to the penalties for illegal access/use of crown land, illegal fossicking etc. if you wish to verify that.​
 
Last edited:
grubstake said:
Not much use as a reference mate, when you yourself can't be bothered finding out the facts or even updating yourself about something you claim to have known 40 years back! If that's your best contribution to a topic so thoroughly covered by @mbasko above, I'd suggest you pipe down - who knows, you might even learn something.
Click to expand...
That`s fine GS yet i was in the understanding that part of being part of P/A was to be involved , Post , inquire and seek answers.
I do not have access to Government Departmental Information of which some members on P/A may .
Seeking the correct information on P/A cannot be unjustified or is it outside the parameters of social rules and regulations.
In regard to gathering and referencing information off the internet tobe presented on P/A i certainly cannot adhere.
Rules and Regulations very widely and addressing answers and questions is not a crime.:)
 
Bush said:
That`s fine GS yet i was in the understanding that part of being part of P/A was to be involved , Post , inquire and seek answers.
I do not have access to Government Departmental Information of which some members on P/A may .
Click to expand...
Nonsense. You must be on the internet to be here on PA, so your access to correct information is only a few clicks away. If still in doubt, contact the appropriate department and ask. There's no privileged access involved.

Bush said:
Seeking the correct information on P/A cannot be unjustified or is it outside the parameters of social rules and regulations.
In regard to gathering and referencing information off the internet tobe presented on P/A i certainly cannot adhere.
Rules and Regulations very widely and addressing answers and questions is not a crime.:)
Click to expand...

Repeating things that you thought were once true (but probably never were), is unacceptable. If you haven't confirmed something as being currently correct, please don't put it on PA and risk misleading others.
 
grubstake said:
Nonsense. You must be on the internet to be here on PA, so your access to correct information is only a few clicks away. If still in doubt, contact the appropriate department and ask. There's no privileged access involved.



Repeating things that you thought were once true (but probably never were), is unacceptable. If you haven't confirmed something as being currently correct, please don't put it on PA and risk misleading others.
Click to expand...
Stop the fighting children. It's been written already. If you've got the internet, you can browse any Federal, State or local govt. Legislation. Do Your Homework!
 
mbasko said:
The fossicking/prospecting rules in NSW have become a minefield to navigate & unfortunately very confusing to many people, especially those new to the hobby.
In an effort to simplify things & address some enquiries I've put together the following summary.

Private Property
The consent/permission of the land owner MUST be given. This is pretty straight forward & should be obvious to all. If your unsure of the land status treat it as private property. No permission - No go.

Fossicking Districts
Basically a Fossicking District gives no right of access or any consent/permission to fossick or prospect on any land.
Fossicking Districts only remove the need to get the permission of Exploration Lease holders to fossick on land the Exploration Lease covers.
You MUST still have the consent/permission or, where required, a permit from the land owner/land manager/leaseholder regardless of whether the land is private, under tenure/lease or crown land.
For Unmanaged Crown Land in a Fossicking District a permit from NSW Crown Lands is required & in most cases should be provided (see below for further info).
Outside of Fossicking Districts you, by rights & under law, require the consent/permission of the Exploration Leaseholder also, even on private property. Unfortunately this is not easy to obtain.
Outside of Fossicking Districts permission for Unmanaged Crown Lands, or even Managed Crown Land, becomes a bit tricky. Living in & close by to several Fossicking Districts I've never had this issue but assume for Unmanaged Crown Land they may either require proof you have the Exploration Leaseholders permission or make it part of your conditions. For Managed Crown Land the onus would be on the individual to arrange not the land manager.
Mining & other types of mineral lease are OFF LIMITS altogether without the consent of the Leaseholder.
Fossicking Districts can be found here: https://minview.geoscience.nsw.gov.au/#/?lon=148.5&lat=-32.5&z=7&bm=bm3&l=ta2:y:100

NSW Crown Land
There are 3 types of Crown Land in NSW that need to be considered: Unmanaged, Managed & Under Tenure (Lease).
Unmanaged Crown Land
NSW Crown Lands now require Temporary Fossicking Permits for Unmanaged Crown Lands. These are free, last for 12 months & are obtained from the Crown Lands office nearest to your area of interest.
To apply you'll need the general locality, DP & Lot no."s of the lots you require permits for (obtainable on Minview, SixMaps etc.).
Contact Crown Lands: https://www.crownland.nsw.gov.au/contact-us
Not all applications will be approved due to other factors like Native Title, Environmental issues etc. In my experience most applications have been approved though.
Managed Crown Land
A large portion of NSW Crown Land is under management of various bodies such as Common Trusts, Local Land Services, LGA's/Councils, State Water etc.
To access this type of Crown Land you need the consent/permission of the managing body (no Crown Lands Temporary Permit required).
Some of these areas have standing permission in place but the onus is still on the individual fossicker/prospector to ensure that they are allowed to access & fossick/prospect on the land. It can & does change!
Under Tenure (Lease)
Crown Land that is under tenure/lease is treated like private property. Consent/permission MUST be sought from the leaseholder for fossicking/prospecting activities.

NSW State Forests
Fossicking is allowed in most NSW State Forests with a permit. The permit fee is payable & other info provided here: https://www.forestrycorporation.com.au/visit/activities/fossicking
The NSW State Forest permit only applies to state forest areas. It DOES NOT give any right of access to any other land for fossicking/prospecting.
Map showing NSW State Forest areas where fossicking is and is not permitted: https://minview.geoscience.nsw.gov....&z=7&bm=bm3&l=re4:y:100,ad62:y:100,ad61:y:100
The rules for Fossicking Districts (outlined above) apply to NSW State Forests also.
Click to expand...
lots to learn, thanks for the info. cheers
 
Thanks for this very helpful for newbies. The more I learn it seems just about everywhere I've panned I shouldn't have been. This is where I camped and panned at dalmorton. Thought I was in the state Forrest, apparently not. Figured the state Forrest ran upto the river. Looking on the map it stops at the road, not sure what the deal is between the road and the river plus the river.

Disappointed to realise this as it was my favourite spot and I thought I was being compliant with my forest permit. Looking at the layered link posted originally is truly depressing. I assume anything in blue or pink is no go? Rules out so much 😭



Screenshot_20240928-003525_Chrome.jpg
 
JohnMcClane99 said:
Thanks for this very helpful for newbies. The more I learn it seems just about everywhere I've panned I shouldn't have been. This is where I camped and panned at dalmorton. Thought I was in the state Forrest, apparently not. Figured the state Forrest ran upto the river. Looking on the map it stops at the road, not sure what the deal is between the road and the river plus the river.

Disappointed to realise this as it was my favourite spot and I thought I was being compliant with my forest permit. Looking at the layered link posted originally is truly depressing. I assume anything in blue or pink is no go? Rules out so much 😭



View attachment 15199
Click to expand...
That is an area you need to be knowing where you are!
There are several Fossicking Not Permitted areas within the NSW State Forest/s & also Guy Fawkes River State Conservation Area (SCA) & other National Parks areas that are off limits to fossicking without the written permission of NSW National Parks & Wildlife (good luck with that).
You really need to clarify that camping area but to me, when you zoom in, it appears to be part of the Guy Fawkes River SCA & would be off limits to fossicking.

The pink/blue hatch area are Pink Fossicking Not Permitted & Blue Under Lease - Fossicking Not Permitted without Leaseholder Consent. Being both Blue & Pink would indicate Under Lease & Fossicking Not Permitted.

Screenshot_20240928_050958_Samsung Internet.jpg
 
Mr happy said:
View attachment 15224this is the map that counts. Dalmorton is off limits anywhere near the river so hard going to get up in the hills by foot to legally have a pan which is a shame. Most of northern nsw is the same story
Click to expand...
Yep another hurdle as it's not a Fossicking District then by rights EL holder permission to fossick is also required. Just more red tape BS IMO.
Fossickers in the area need to get onto Clarence Valley Council about making the LGA a Fossicking District & remove that requirement.
 
From what I have been able to find out an EL overwrites any permission so the holder of the EL must give consent. Getting consent is like finding an honest politician, near impossible.
I have so many unanswered emails I have given up.
 

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