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Can I use a sluice in Qld.

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I think if you live in QLD you should really study the legislation and know your rights and responsibilities because they are really hard on how much mineral you can take, how low you can dig and what you can use. It looks like the argument would be that sluices are hand fed and can be carried by a single person therefore would be acceptable. Id still like to see the work "sluice" somewhere thought to be safe.

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FossickingA94.pdf

these are the bits that are a bit dicy
"35 Payment of royalties to State
(1) This Act does not affect a requirement under another Act to
lodge royalty returns for, and pay royalties on, fossicking
materials collected by a licensee.
(2) However, despite the Mineral Resources Act 1989, a licensee
need not file a royalty return under the Act for minerals
collected by the licensee in a royalty period if no royalty is
payable under the Act for the minerals for the period.
(3) In this section
licensee means
(a) the holder of an individual or family fossickers licence;
or
(b) an individual fossicking under another kind of
fossickers licence.
36 Sale or use of fossicking material in trade or commerce
(1) This section applies to fossicking material collected under a
licence.
(2) A licensee must not
(a) in trade or commerce, sell the material; or
(b) use the material in the production of something else for
sale in trade or commerce.
Maximum penalty400 penalty units.
(3) However, this section does not apply to
(a) an occasional sale or use of fossicking material; or
(b) a sale or use prescribed by regulation.
37 Volume, weight or number of specimens may be
restricted
(1) A regulation may restrict the volume, weight or number of
fossicking material specimens an individual may collect on
particular land.
[s 38]
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.
(2) If, in the Ministers opinion, digging to a depth mentioned in
subsection (1)(a)(i) or (ii) on particular land may be unsafe,
the Governor in Council may fix a reduced depth for the land
by regulation.
40 Discovery of minerals does not confer rights
To remove any doubt, a licence does not give a person who
discovers a mineral deposit while fossicking a right to do
[s 41]
Fossicking Act 1994
Part 4 Designated fossicking land and fossicking areas
Page 28 Current as at 3 May 2013
anything other than fossick for the mineral in the deposit
under the licence.
Editors note
The licensee must get a permit, claim, licence or lease under the Mineral
Resources Act 1989 to be able to develop the mineral deposit for
commercial purposes and has no prior right to a permit, claim, licence or
lease merely because of the discovery."
 
Use a sluice in Qld ...Yes you can and same goes for highbanker.
All material must be dug by hand but process it how you like.
You must get a fossicking permit and this can be obtained online here : http://www.dnrm.qld.gov.au/mining/fossicking/licences-permits/buy-licence-online

There's plenty of us banna benders using sluices, highbankers and even trommels but everything must be dug by hand and absolutely no machinery to be used to dig.
In regards to pumps you must not cause any significant turbidity more than 300m downstream also you can not fossick within 40m of any bridge, weir or other structure, unless signs indicate otherwise.

The new webpage makes things even more muddier than the previous explanations but quite a few of us have confirmed with Dept of Resources and Mines on what can and can not be done.
Basically rules are as clear as mud. Dig by hand , wash as you will via sluice, highbanker or pan.
 
really? i only just contacted the mines dept on this and was told highbankers are not permitted as they are classified as machinery and it doesnt actually state on the dnrm website anything about digging or washing machinery all it says is in BOLD "No machinery is permitted" i was told highbankers would be classisifed as machinery by two separate mines contacts. do you have a letter or email stating otherwise? would love to get a copy if possible?
 
G0lddigg@ said:
I think if you live in QLD you should really study the legislation and know your rights and responsibilities because they are really hard on how much mineral you can take, how low you can dig and what you can use. It looks like the argument would be that sluices are hand fed and can be carried by a single person therefore would be acceptable. Id still like to see the work "sluice" somewhere thought to be safe.

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FossickingA94.pdf

these are the bits that are a bit dicy
"35 Payment of royalties to State
(1) This Act does not affect a requirement under another Act to
lodge royalty returns for, and pay royalties on, fossicking
materials collected by a licensee.
(2) However, despite the Mineral Resources Act 1989, a licensee
need not file a royalty return under the Act for minerals
collected by the licensee in a royalty period if no royalty is
payable under the Act for the minerals for the period.
(3) In this section
licensee means
(a) the holder of an individual or family fossickers licence;
or
(b) an individual fossicking under another kind of
fossickers licence.
36 Sale or use of fossicking material in trade or commerce
(1) This section applies to fossicking material collected under a
licence.
(2) A licensee must not
(a) in trade or commerce, sell the material; or
(b) use the material in the production of something else for
sale in trade or commerce.
Maximum penalty400 penalty units.
(3) However, this section does not apply to
(a) an occasional sale or use of fossicking material; or
(b) a sale or use prescribed by regulation.
37 Volume, weight or number of specimens may be
restricted
(1) A regulation may restrict the volume, weight or number of
fossicking material specimens an individual may collect on
particular land.
[s 38]
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.
(2) If, in the Ministers opinion, digging to a depth mentioned in
subsection (1)(a)(i) or (ii) on particular land may be unsafe,
the Governor in Council may fix a reduced depth for the land
by regulation.
40 Discovery of minerals does not confer rights
To remove any doubt, a licence does not give a person who
discovers a mineral deposit while fossicking a right to do
[s 41]
Fossicking Act 1994
Part 4 Designated fossicking land and fossicking areas
Page 28 Current as at 3 May 2013
anything other than fossick for the mineral in the deposit
under the licence.
Editors note
The licensee must get a permit, claim, licence or lease under the Mineral
Resources Act 1989 to be able to develop the mineral deposit for
commercial purposes and has no prior right to a permit, claim, licence or
lease merely because of the discovery."
Click to expand...

jesus....thanx for the facts mate ey :cool:
 
20xwater said:
G0lddigg@ said:
I think if you live in QLD you should really study the legislation and know your rights and responsibilities because they are really hard on how much mineral you can take, how low you can dig and what you can use. It looks like the argument would be that sluices are hand fed and can be carried by a single person therefore would be acceptable. Id still like to see the work "sluice" somewhere thought to be safe.

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/F/FossickingA94.pdf

these are the bits that are a bit dicy
"35 Payment of royalties to State
(1) This Act does not affect a requirement under another Act to
lodge royalty returns for, and pay royalties on, fossicking
materials collected by a licensee.
(2) However, despite the Mineral Resources Act 1989, a licensee
need not file a royalty return under the Act for minerals
collected by the licensee in a royalty period if no royalty is
payable under the Act for the minerals for the period.
(3) In this section
licensee means
(a) the holder of an individual or family fossickers licence;
or
(b) an individual fossicking under another kind of
fossickers licence.
36 Sale or use of fossicking material in trade or commerce
(1) This section applies to fossicking material collected under a
licence.
(2) A licensee must not
(a) in trade or commerce, sell the material; or
(b) use the material in the production of something else for
sale in trade or commerce.
Maximum penalty400 penalty units.
(3) However, this section does not apply to
(a) an occasional sale or use of fossicking material; or
(b) a sale or use prescribed by regulation.
37 Volume, weight or number of specimens may be
restricted
(1) A regulation may restrict the volume, weight or number of
fossicking material specimens an individual may collect on
particular land.
[s 38]
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.
(2) If, in the Ministers opinion, digging to a depth mentioned in
subsection (1)(a)(i) or (ii) on particular land may be unsafe,
the Governor in Council may fix a reduced depth for the land
by regulation.
40 Discovery of minerals does not confer rights
To remove any doubt, a licence does not give a person who
discovers a mineral deposit while fossicking a right to do
[s 41]
Fossicking Act 1994
Part 4 Designated fossicking land and fossicking areas
Page 28 Current as at 3 May 2013
anything other than fossick for the mineral in the deposit
under the licence.
Editors note
The licensee must get a permit, claim, licence or lease under the Mineral
Resources Act 1989 to be able to develop the mineral deposit for
commercial purposes and has no prior right to a permit, claim, licence or
lease merely because of the discovery."
Click to expand...

jesus....thanx for the facts mate ey :cool:
Click to expand...

whats the go with UNIT penaltys,is 400 units $400?

and is a dolly pot legal to use in the field?
 
Theres also a sub clause in there that states that any material/ mineral or gemstone collected in the act of fossicking is to be kept for personal use as specimen or for use as swap or trade between collecters. Not to be sold in a retail or commercial capacity. Hence the need on finding a mineral deposit to obtain a production lease. :|
The legislation seems to have been adjusted and overwritten so many times by different people that it sometimes contrdicts itself and has multiple clauses on the same subject.
Don't suppose theres any lawers on here that would like to translate it a bit clearer?
 
Due to differing opinions, even amongst mines dept personnel, I'd get clarification in writing from them, it's the only way to be safe and cover your ass. Having dealt with the Mines Dept in the past on a commercial basis, you can be told one thing by one person, get someone different, and they will tell you otherwise, so the piece of paper puts it back on them. I'd say that a highbanker would be a piece of mechanical equipment, especially with the requirement for a water pump, whether petrol, diesel or 12 volt. A trommel plant is a given as a piece of mechanical equipment, with various moving parts and a power source, and hence should be put in the banned category. To say it is ok to use these pieces of equipment, so long as you feed them by hand would be incorrect and illegal, the regulations clearly state no mechanical machinery is to be used for the activity of fossicking period, not mechanical equipment is ok, so long as you use non mechanical means of excavating the material, it is clearly stated in the application for a permit:

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

I would have thought that a manual sluice that uses river water for material classification as being ok, would be no different to using a pan and sieves.
 
G0lddigg@ said:
oh no far from it... a penalty unit in qld is currently wprth $110 last year they passed new legislation that allows an annual increase each year om line with cpi.

as it stands 400 penalty unit =$44000 talk about nany state.
https://www.qld.gov.au/law/crime-an.../sentencing-fines-and-penalties-for-offences/
Click to expand...

the word penalty or fine to us translates to the word TAX to a politician...using the standard 20% tax as long as you have made $220,000.00 in gold prior to your first fine...the PENALTY is fair! lol
 
i have emailed the mines dept about the specific use of highbankers in QLD and got a solid NO by two different people. i didnt ask about a river sluice HOWEVER doesnt it say somewhere that moving material via water is illegal....technically if you get a mines dept on a bad day they could theoretically fine you for river sluice also even if it isnt mechanical?

i got a definate no on highbankers though....so if anyone else gets a yes PLEASE email me a copy of the email so i can have it on me.....for me the fine is not worth it unless i hit a pocket with many ounces hahaha
 
I am told that in Victoria, you are not aloud to have you material from your sluice re-enter the creek/stream so hence you can not use a river sluice, but a high banker is fine aslong as your tailings and water are diverted...

It realy sux how strict they are on the little guys, but when it comes to removing millions of tonnes of soil to send billions of $$$ over sea's that's fine aslong as hard working Australian people don't turn over too much soil for fun, sowhen the big fellas come in with Bull Dozzers and diggers they arn't short a pissy amount of gold.........

1395725065_minning.png
 
dunollyman said:
I am told that in Victoria, you are not aloud to have you material from your sluice re-enter the creek/stream so hence you can not use a river sluice, but a high banker is fine aslong as your tailings and water are diverted...

It realy sux how strict they are on the little guys, but when it comes to removing millions of tonnes of soil to send billions of $$$ over sea's that's fine aslong as hard working Australian people don't turn over too much soil for fun, sowhen the big fellas come in with Bull Dozzers and diggers they arn't short a pissy amount of gold.........

https://www.prospectingaustralia.com/forum/img/member-images/2723/1395725065_minning.png
Click to expand...

I like your comparison :) dont know where you got the idea about material not entering the creek, assume you mean cant dig a big hole outside of the creek and flush it in the creek and walk away? thats true. as long as you are able to repair the damage you'll be fine.
 
cant seem to find it now but when you run the dirt and water back into the creek or stream it is considered polution :|
 
LOL NOTHING AT ALL here about 4 hours in any direction but not here not even the parks are any good, thats why we lashed out and got our property in Dunolly kinda a halfway house without the house lol, but we are building a little cabin thats coming up a treat should be nice when its done :D
 
Maybe banana benders should all bunch together so they can improve the way the rules are written and interpreted. Just a thought from this former FNQ boy. :cool:
 

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