Action Thread about HighBanking in NSW

[Jemba]

Yep that is the way I read that section also. Mind detecting is also classed as fossicking. That is the way I am reading the rule I may be wrong hope I am. :|

 

[LONEWOLF]

Government Departments in NSW have always called Prospecting Fossicking....

LW....

 

[Jazz]

So you're not allowed to fossick on Crown land?

What's the point of a 'fossicking district' then?

From all of this, the only places you can legally fossick is State Forest with a permit (in certain areas) or on private land with permission of the owner. Is that about the extent of it?

 

[nucopia]

New 2020 Fossicking Guide.

This sucks. I had high hopes we would win and am saddened that my hobby will more than likely die out a lot earlier than I would have liked. Looks like the big guys and corporations get their way and the little guy gets stomped out. Again.

I'm pretty depressed about this, as this is one of the few things I really get excited about anymore.

https://www.resourcesregulator.nsw....6/Fossicking-A-guide-to-Fossicking-in-NSW.pdf

P.S. How are you supposed to get the detected gold out of the ground without surface disturbance?

This world is stupid. You can quote me.

Baz.

Feel the same way Baz
Gutted :brokenh:

 

[Gem in I]

1 cubic metre in a 48hr period will make it easy for a $750 fine in most cases regardless of the equipment used.

I think the overall message being sent is ground disturbance etc.
After reading a couple of times regardless of the equipment it seems to be about not being experienced to replace or rejuvenate the bush or waterway. (why I found photo on page 5 so ironic)

In simple words hobbyists are destructive to the environment.

NOT MY WORDS but my interpretation.

 

[Jemba]

I posted the below some time back now and what i said back then holds true today. NAPFA still needs members the more we have the stronger we become. As LoneWolf has stated in post 6 ...... The change in the laws, it will be coming into play across Australia. {maybe I could have said that better, but you get my drift.}

Taken from.

WARNING TO FOSSICKERS ABOUT NSW SLUICING DEVELOPMENTS / 04 September 2017 09:20

Hi all i feel in the weeks ahead were going to need all the help we can get so again i call upon my fellow prospectors for support, in regards to this matter.

RE-post.

Guy's if you do not belong to NAPFA pleas join weather you use a banker or not rally with us please we do need your help. When NAPFA started the stick they wielded was only small but with each new member that stick gets a little longer and thicker. Then WE CAN STAND AS ONE.

Thank you Jemba.

 

[MikeB05]

NAPFA is going to do an update to its members soon and no doubt this will flow to all members of PA forum. Don't hold your breath for good news. Bureaucrats with no freakin idea will probably determine the outcome of this matter.
:/

 

[Sandbagger]

Might want to paint it up a bit more tactical before I take it banking though....

 

[user 4485]

So you're not allowed to fossick on Crown land?

What's the point of a 'fossicking district' then?

From all of this, the only places you can legally fossick is State Forest with a permit (in certain areas) or on private land with permission of the owner. Is that about the extent of it?

No that's not right.
You can still fossick/prospect on Crown Land. There isn't any change - You have always had to have consent from Crown Land Managers or lease/licence holder's. Unmanaged Crown Land would still be accessible.
Area's of Crown Land where standing or known permission exists, i.e. places like Hill End Common, will still be ok.
It's poorly written but I assume they've changed the wording to really highlight the fact that Crown Land isn't always open to fossickers/prospectors unless consent is given where required - something I've tried to explain & make clear on here for years.
You can still fossick/prospect in Fossicking Districts without EL holder permission but outside of Fossicking Districts you must get their permission. You must have permission to enter any other mining lease - No changes there.

The whole document is poorly written & isn't an improvement on the superseded guidelines. They've tried to streamline it but have botched it.
Very little has changed at all though apart from putting in the highbanker/water pump situation to help their side of things.

"This change allowed the use of metal detectors in fossicking, provided that there is no surface disturbance."
What a joke. A metal detector cannot cause surface disturbance anyway. A dumb, confusing, contradictory statement.
The guidelines allow for the use of handheld implements (Section 2 SURFACE DISTURBANCE RESTRICTIONS & Section on What Fossicking Equipment is Permitted). I'll be using these to dig targets not my detector :lol:
It contradicts itself several times through the document & is an embarrassment to them as the Department responsible for legislative monitoring & compliance. They can't even come up with an easily understandable, easy to follow & non contradictory document. As seen here it will do nothing but create more confusion & disrespect towards them :N:

 

[MikeB05]

Our fore-fathers at the Eureka Stockade would be so disappointed in how far we have (not) advanced.

2020...A bunch a bureaucrats sitting in air-conditioned bubbles making up laws and regulations that are absurd.

NSW fossicking has officially caught up with QLD and everyone knows the socialist republic of VIC will follow suite. :mad

 

[Jazz]

No that's not right.
You can still fossick/prospect on Crown Land. There isn't any change - You have always had to have consent from Crown Land Managers or lease/licence holder's. Unmanaged Crown Land would still be accessible.

Geez I hope so, but the Government documentation seems pretty specific. The first sentence is self-contained and not leading on to the next one.

That means beaches are gone too. No detecting for your car keys if you lose them.

 

[sand surfer]

The idiots that wrote it can understand it mbasko, that's the problem and that's why they write it like that to cause confusion ,bureaucrats who needs the clowns :N:

 

[user 4485]

No that's not right.
You can still fossick/prospect on Crown Land. There isn't any change - You have always had to have consent from Crown Land Managers or lease/licence holder's. Unmanaged Crown Land would still be accessible.

Geez I hope so, but the Government documentation seems pretty specific. The first sentence is self-contained and not leading on to the next one.

https://i.imgur.com/qcBGh9y.png

That means beaches are gone too. No detecting for your car keys if you lose them.

Yes it's poorly written but it's not a change to anything in any way. We don't have the right to enter onto Crown Land without consent where required & never have had.
The legislation (Mining Act Section 12 Fossicking - prescribed land) is clearer on this than the guidelines are.
We DO have the right to enter onto prescribed Crown Land that is not under the management or control of a trustee or a public or local authority or that is not held under a lease, licence or permissive occupancy. The guidelines cannot overrule the Mining Act!! :Y:

 

[Jazz]

Thanks mbasko, I'll have a read up on the guidelines that you mentioned.

With that snippet though, I read the first line as referring to 'unmanaged', as it references 'managed' land thereafter as a separate thing.

 

[Jazz]

Thanks again mbasko, just saw your edit. What is the best way to determine if a parcel of land is in fact 'prescribed' land?

 

[Jemba]

I think what mbasko is saying is right,... but then I think how would it be read in a court of law???? Sandbagger mate ya better start making us some armour, or people could start supporting NAPFA.... That would also be a big help. :Y:

 

[user 4485]

Thanks again mbasko, just saw your edit. What is the best way to determine if a parcel of land is in fact 'prescribed' land?

Prescribed crown land is any Crown Land under the Crown Lands Act.
To find out the status of Crown Land i.e. unmanaged, managed, leased, under licence/permit/occupancy etc. you need to contact NSW Crown Lands
https://www.industry.nsw.gov.au/lands/what-we-do/contact-us

 

[user 4485]

I think what mbasko is saying is right,... but then I think how would it be read in a court of law???? Sandbagger mate ya better start making us some armour, or people could start supporting NAPFA.... That would also be a big help. :Y:

A poorly written "Guideline" will never trump a Legislative Act in court!
I'd suggest more people need to know & understand the relevant section/s of the Mining Act & Regulations.
Guidelines are lower tier but not below the law as such.

 

[Brumble-Gum]

This news is disapointing to say the least. I have held onto my Walbanker with the faint hope that this decision would be looked at and fairly overturned.
I will now have to change my avatar picture.
I might end up on Australia's most wanted!

 

[Jazz]

Thanks again mbasko, just saw your edit. What is the best way to determine if a parcel of land is in fact 'prescribed' land?

Prescribed crown land is any Crown Land under the Crown Lands Act.
To find out the status of Crown Land i.e. unmanaged, managed, leased, under licence/permit/occupancy etc. you need to contact NSW Crown Lands
https://www.industry.nsw.gov.au/lands/what-we-do/contact-us

Jesus Christ! $98 per search.

Every time you think "wonder if there would be any good?" - Cha Ching. Nope can't go there. Cha Ching - there either.