Big hole outrage?

[G0lddigg@]

im not aware of any limits to how deep you can go as long as you fill your holes and minimize impact

hypothetical question here

what if you working a spot, in a creek bed, below the water line, once or twice a month for a year or more? you'd hardly want to fill it in each fortnight or so then dig it all back out again every time you come back especially when the better gold is generally at the bottom you'd be forever re-digging your own over burden.

I gotta say its all a very grey area!

Hard for a prospector to know if he's working in what someone else perceives to be the law when there is no clear definition.

Just my 2 cents worth, and some food for thought!

Adam

speaking from a regulation point of view mate, its not practical at all to fill your hole especially when your starting to pick up clunkers. I mostly try to place big flat rocks over my holes

 

[elbowgrease]

Its a really interesting predicament!

People say do the right thing and make sure you read up and know the regulations, which is all well and good, but all the reading of regulations doesn't ACTUALLY say what is and isn't allowed in regards to size, depth and timeframe in cleaning up after yourself, not in black and white anyway. And just because you try and do the right thing doesn't actually mean you are doing the right thing.

 

[charlie123]

get a prospecting lease if your starting a mining opperation

 

[G0lddigg@]

Its a really interesting predicament!

People say do the right thing and make sure you read up and know the regulations, which is all well and good, but all the reading of regulations doesn't ACTUALLY say what is and isn't allowed in regards to size, depth and timeframe in cleaning up after yourself, not in black and white anyway. And just because you try and do the right thing doesn't actually mean you are doing the right thing.

I agree just like most rules and regs they outline the specifics only and allow some availability for grey areas, I think you have to use common sense thought and be aware that its common land and try not to destroy ground that will effect other people.
From what I've read the following outlines very clearly that you need to fill your holes however at no time does it refer to when that has to occur "as soon as practicable" isn't exactly clear. What is clear is that you have to leave it the way you found it, i'm sure this could cause some serious debate between a prospector and a inspector because the inspector isn't spending most of his time wading through creeks and we would think we know better how it was before we started excavating. I'm finding in creswick they will hand out a ticket if your leave a hole unattended just like a fire yes even below the waterline.

Prospecting Guide
http://www.energyandresources.vic.g.../prospecting-and-fossicking/prospecting-guide
Minimum impact prospecting

You can enjoy prospecting and help minimise any impact in the following ways:

Prospect only in the permitted area.
Only drive your vehicles on tracks and roads open to the public.
Only park your vehicle on the roadside.
Take all rubbish home or place it in a bin where provided. Do not bury it.
Minimise any damage to vegetation including the ground layer.
Restore the ground as you found it- backfill any holes you dig and replace any leaf litter as it was as soon as practicable.
Miners Right FAQ's
http://www.energyandresources.vic.g...on-and-mining/prospecting-and-fossicking/faqs
18. Can I remove or damage shrubs or trees when I am prospecting?

No.
24. What if damage is done to the land while prospecting?

You must repair any damage to the land arising out of the search or you will face prosecution.

When you purchase a Miners right in Victoria you agree that you will abide by MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990
http://www.austlii.edu.au/au/legis/vic/consol_act/mrda1990432/
The miners right refers to sections 55 and 58 of the ACT that apply to the hobby prospector

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 55
Miner's right

S. 55(1) substituted by No. 82/2000 s. 49(1), amended by No. 59/2010 s. 26(1).

(1) A miner's right entitles the holder to search for minerals on any of the following land, unless the land is covered by a mining licence, prospecting licence or retention licence

(a) private land, but only with the consent of the owner or occupier; and

S. 55(1)(b) amended by No. 50/2002 s. 22.

(b) Crown land (other than land exempted under section 6, 6A or 7 of this Act or nominated under section 7(1) of the Crown Land (Reserves) Act 1978 ).

S. 55(1A) inserted by No. 82/2000 s. 49(1), amended by No. 59/2010 s. 26(2).

(1A) If the land is covered by a mining licence, prospecting licence or retention licence, the holder of a miner's right is entitled to search for minerals on the land if he or she has, in addition to any consent required under subsection (1), the consent of the licensee.

S. 55(2) substituted by No. 82/2000 s. 49(1).

(2) A consent granted under subsection (1) or (1A)

(a) may be granted subject to conditions; and

(b) may be withdrawn at any time by the person who granted it.

S. 55(2A) inserted by No. 82/2000 s. 49(1).

(2A) If the holder of a miner's right is validly on any land under this section, he or she may remove from the land any minerals discovered by him or her on the land.

S. 55(3) amended by No. 59/2010 s. 37.

(3) A miner's right is current for the time, not exceeding 10 years, specified in the miner's right.

S. 56 amended by No. 76/1998 s. 31(f), substituted by No. 69/2004 s. 55.

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 58
Obligations of holder

S. 58(1) amended by No. 82/2000 s. 50(1)(a).

(1) The holder of a miner's right acting under that right must not

(a) use any equipment for the purposes of excavation on the land, other than non-mechanical hand tools; or

(b) use explosives on the land; or

(c) remove or damage any tree or shrub on the land; or

S. 58(1)(d) substituted by No. 16/2006 s. 198(Sch. 2 item 5(7)).

(d) disturb any Aboriginal cultural heritage (within the meaning of the Aboriginal Heritage Act 2006 ) on the land.

Penalty: 100 penalty units.

S. 58(2) amended by No. 82/2000 s. 50(1)(b).

(2) The holder of a miner's right must repair any damage to the land arising out of the search.

Penalty: 50 penalty units.

S. 58(3) inserted by No. 82/2000 s. 50(2).

(3) The holder of a miner's right must produce the miner's right for inspection if asked to do so by an inspector or any person acting under a delegation conferred under section 91(b).