Changes in Victoria's prospecting rules

[chris11330]

That screenshot extract is all very well, but as far as I can see it is only a website interpretation of the regs, as there is no reference to a specific clause of the Act which states the same thing. Unless that interpretation is stated in the Act, the interpretation has no legal validity.

Yes i would agree per se, but obviously this is stated on the Victorian Government website of Resources Victoria who regulate and manage access to resources within Victoria and also play a key role in policy development and regulatory reform. Even though it does not state a direct reference you can use Geovic and utilizing layers and filters to highlight all S7 areas. After identifying these areas you can gain further information about what exact exemption applies to that area, some range from exemptions of having no licences through to a total ban in areas such as National Parks. These folios can be downloaded and are signed scans of the original exemptions that apply to that specific S7 area. I have attached Folio 90016214 which is for the S7 over the Ballarat area, as you can read the exemption is only for no licence to be held over the area, therefore prospecting is allowed. This can be done for the entire state and this link to Resources Victoria explains how to do toward the bottom of the page.
https://resources.vic.gov.au/licensing-approvals/mineral-licences/section-7-exemptions

 

[Bush]

No Surprises on Mineral Resources ( Sustainable Development ) Section 7 in the latest Gazzette Bills that i could see.
From what i can gather All changes to anything related to Acts is revealled here to the Public 1st.

Victorian Gov Gazzette.
https://www.gazette.vic.gov.au/gazette_bin/recent_gazettes.cfm

 

[golden_pan]

i would like to say this...
to Jason Cornish, PRESIDENT of PMVA. no matter how hard you blow your horn on what you volunteer for, do and have done, it does not justify the unprofessional, rude, closed minded behaviour you have displayed on this matter. you owe OZgeology an apology, as well as everyone else you have mislead or attacked. if you cannot man up and do this, you should step down from your position as you are not fit to represent paying PMAV members or the prospecting community. if this is the type of person that engages with government bodies and communities on our behalf, i question if its the producing the best outcomes for us all, as in this scenario it has been abysmal.

this first post says it all. and i could not agree more.
https://www.prospectingaustralia.co...e-offering-illegal-advice-to-ignore-it.42988/

on the s7 matter...
the resources.vic website post on 20dec is nothing but a Band-Aid for the bigger issues.

1. that as far as RECREATIONAL prospecting goes there needs to be way more done to clarify the difference between "mining" and doing some panning and detecting. as the Mineral Resources (Sustainable Development) Act 1990 (the Act) lumps it all together and tells us "good luck everybody" to figure it out.

2. you need to be a expert on GEOVIC and with understanding legislation, etc to even know for sure what you can and cannot do and where, to fully access all the areas available. this needs to be simpler for everyone. its a major hurdle for new players and discouraging the hobby.

3. anyone with a miners right ...or just anyone should be able to sign up to a gov. website or similar with a list of subscriptions to choose to get updates on topics, areas, changes, laws, proposals etc that are normally put out to public (like gazettes are) it cannot be that hard to implement a system to subscribe to various gov websites that have to share this info anyway.

4. just like s7, i also know of another similar spanner that can be thrown into the works.... legislation that exists that can be used if need be, that directly affects prospecting, if the powers that be want it too... but lets save that for next time.

 

[grubstake]

Further to all of the above discussion, the following official proposal was announced last week:
https://www.smartcompany.com.au/tou...entative-world-heritage-status-tourism-boost/

Here is the full (lengthy) Victorian Goldfields World Heritage Tentative Listing submission:
https://whc.unesco.org/en/tentativelists/6794/

The subsection entitled Integrity is highly relevant to prospectors/fossickers, in particular the following paragraph in which I have bolded key statements:
"All component parts and their elements are in fair-good condition. All coordinate points are in public ownership with some level of public viewing or access available. The component parts do not suffer from adverse effects of development, and threats are mostly confined to bush fires with a number of areas falling within the Bushfire Management Overlay. No new mining is permitted. The longstanding removal, as secondary aggregate, of quartz pebbles and sand from the waste heaps of degraded Deep Lead sites in the buffer zone is almost at an end. Recreational gold prospecting and ‘fossicking’ is not classed as active industrial mining and is popular in Victoria. This small-scale individual’s pursuit is strictly licenced, in designated areas only, under the tradition of the Miner’s Right traceable to 1855. Only hand tools such as pick, shovel, sieve, pan and metal detector are allowed and disturbance to any Aboriginal place, historic place or archaeological site is strictly prohibited. Damage to any tree or shrub is also prohibited and any disturbance to the ground must be re-covered prior to leaving the search area."

 

[loner]

Further to all of the above discussion, the following official proposal was announced last week:
https://www.smartcompany.com.au/tou...entative-world-heritage-status-tourism-boost/

Here is the full (lengthy) Victorian Goldfields World Heritage Tentative Listing submission:
https://whc.unesco.org/en/tentativelists/6794/

The subsection entitled Integrity is highly relevant to prospectors/fossickers, in particular the following paragraph in which I have bolded key statements:
"All component parts and their elements are in fair-good condition. All coordinate points are in public ownership with some level of public viewing or access available. The component parts do not suffer from adverse effects of development, and threats are mostly confined to bush fires with a number of areas falling within the Bushfire Management Overlay. No new mining is permitted. The longstanding removal, as secondary aggregate, of quartz pebbles and sand from the waste heaps of degraded Deep Lead sites in the buffer zone is almost at an end. Recreational gold prospecting and ‘fossicking’ is not classed as active industrial mining and is popular in Victoria. This small-scale individual’s pursuit is strictly licenced, in designated areas only, under the tradition of the Miner’s Right traceable to 1855. Only hand tools such as pick, shovel, sieve, pan and metal detector are allowed and disturbance to any Aboriginal place, historic place or archaeological site is strictly prohibited. Damage to any tree or shrub is also prohibited and any disturbance to the ground must be re-covered prior to leaving the search area."

So this is saying our Miner`s right DOES allow us to detect , pan and sluice on S7 affected land . How official is that paragraph Grubstake ?

 

[golden_pan]

as i mentioned in 4. of my post before grubstake... there are other bits of legislation just as bad if not worst than S7. that people contravene every day.

Aboriginal place,
not something most people can easily find maps of or the boundary of. there are also a "place" that are not areas, but single spots scatted around the place.
-ABORIGINAL HERITAGE ACT 2006

historic place or archaeological
you will find this section is much more significant IF the authorises want to use it... and they have many times before.
how many of the places you last prospected or fossicked fall under the below terms?



there is a whole overlay for spots and areas like this,
but its also stated that IF a thing or place is classed as such, it can be automatically included in the protection.

found a few old coins? or some old rubbish...??? those can be "artefacts" regardless if on private or public land.



HERITAGE ACT 2017


HERITAGE ACT 2017 - SECT 210 Seizure and forfeiture—archaeological artefacts

Seizure and forfeiture—archaeological artefacts
(1) If an inspector has reasonable grounds for believing that an offence has been or is being or is about to be committed against this Act in relation to an archaeological artefact the inspector may impound and detain that artefact .

also see : HERITAGE ACT 2017 - SECT 209 Powers of inspectors—archaeological artefacts


so while they state there is an exemption for XYZ... the powers to enforce can sneakily fall under other acts as example above.

 

[Flash Jack]

It would be nice if the Victorian government could give us an indication (without political speak) as to how this will impact us. Not only prospectors / fossickers, but also all the other groups wanting to use the bush. Finding the devil in the detail is nigh impossible for ordinary people.

 

[grubstake]

So this is saying our Miner`s right DOES allow us to detect , pan and sluice on S7 affected land . How official is that paragraph Grubstake ?

It's part of the officially published TENTATIVE proposal, so at present it's only really suggestions and not the final word on anything.