Here's a letter I just got back, sorry for quality hard to convert from PDF to MS Word. Notice he say's the use of mechanical means is the same for all states, first I have heard of that.
Office of the Hon Dr Anthony Lynham MP Minister for State Development and
Queensland
3. Minister for Natural Resources and Mines
Level 17 QMEC Building 61 Mary Street Brisbane QLD 4000 PO Box 15216 City East Queensland 4002 Australia Telephone +61 7 3199 8215 Email sqnrmsministerial.qld.gov.au
6 * FEB 1016
Ref /16/10
S 00349/16
Mr Len Cecchetto
leonard.ceccG)gmail.com
Dear Mr Cecchetto
| refer to your email of 10 December 2015 addressed to the Honourable Annastacia Palaszczuk MP, Premier of Queensland and Minister for the Arts and your email of 11 January 2016 addressed to the Honourable Dr Anthony Lynham MP, Minister for State Development and Minister for Natural Resources and Mines about fossicking fees, equipment use and areas for fossicking in south-east Queensland. Minister Lynham has asked me to respond on his behalf.
| acknowledge that each state and territory within Australia has different rules, regulations and fees with regards to fossicking. In Queensland, our fossicking licences have a fee structure which allows the Department of Natural Resources and Mines (the department) to issue licences for a diverse range of recreational circumstances, such as providing licences for families, clubs, educational organisations and commercial tour operators.
The fees for a fossicking licence also enable the department to have the licences available for purchase at additional locations, for example, through local businesses as well as department lodgement centres around the state and the fossicking online self-service portal.
In Queensland, an individual can purchase a fossicking licence for a period of six months for $28.50 which allows searching for and collection of gemstones, ornamental stones, mineral specimens, alluvial gold (including nuggets) and some fossil specimens. The use of electronic metal detectors is also permitted. This is in comparison to Western Australia where the collection of gold and the use of a metal detector are not permitted unless you hold a Miner's Right to prospect. You must pay $25.00 for the Miner's Right to prospect, which is only valid for a three month term and it restricts the size of the area you can fossick.
The Northern Territory does have a fee of $20.00 for life. However, no one may use or occupy a fossicking area for more than 100 days in one calendar year.
South Australia and New South Wales do not require a permit or licence to fossick. However, in South Australia all minerals collected through fossicking cannot be sold as they remain the property of the Crown, therefore you could only fossick for your own collection. Queensland legislation allows the sale and trade of material collected by fossicking through fairs and exhibitions and to other hobbyists. In New South Wales, there are weight limits on the material collected, you may only collect 50 grams of gold (or five nuggets of 10 grams or greater) or 100 grams of gemstones during any single period of 48 hours.
I can confirm that Queensland's legislation concerning the use of machinery when fossicking is consistent with the other states and territories. Similar to Queensland, other states and territories only allow hand held implements including picks, shovels, hammers, sieves, shakers and gold pans when fossicking. In all states and territories power operated equipment is prohibited. Power operated equipment includes mechanical, hydraulic, pneumatic, battery and electrical equipment and petrol operated machinery is prohibited in all states and territories. You may however, use a high banker in Queensland, as long as it is not mechanically operated and you must ensure that you refill the fossicking site with the fossicking material you remove.
The Queensland Government appreciates the popularity of fossicking as a recreational activity and the value that recreational fossickers place on gaining access to suitable fossicking lands in Queensland. South eastern Queensland has several sites where you are able to pan for gold that are close to the towns of Warwick and Gympie. These sites are the designated fossicking areas of Thanes Creek, Deep Creek, Talgai State Forest and Durikai State Forest.
You have asked the Queensland Government to give consideration to whether or not we can declare Gold Creek at Brookfield, Enoggera Creek and Burpengary Creek as designated gold fossicking areas. DNRM has undertaken a preliminary assessment of these areas including the environmental and cultural heritage aspects of the locations and their present recreational and residential designation and concluded that they are not suitable for recreational fossicking.
Gold Creek is in an urban restricted area and also sits partially within the the DAguilar National Park and the Mt Coot-tha Reserve. National parks are protected areas where mining and fossicking activities are not permitted. Gold Creek and Mt Coot-tha reserve are areas where native title exists in relation to the land and water, which would need to be addressed prior to being made a fossicking area. Furthermore, any fossicker would need to seek permission from the native title owners prior to fossicking in the creek.
Enoggera Creek is also in an urban restricted area and is subject to native title considerations. It also has some of the most advanced regeneration work being undertaken in an urban waterway and the catchment is home to a large number of native fish, reptiles, birds and mammals notably, the platypus.
The extent of Burpengary Creek is in a national park and is included in a large fish habitat protection zone that also encompasses Deception Bay. Panning for gold in Burpengary Creek would currently not be permitted given the environmental significance of the area.
If you have any questions about my advice to you, Mrs Linda McCormack, Project Officer, Service, Training and Regulatory Support, Department of Natural Resources and Mines will be pleased to assist you and can be contacted on telephone 3199.8111.
Yours sincerely
Simon Zanatta Policy Advisor