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mbasko said:
Outback said:
mbasko said:
(3) In this clause:

"power-operated equipment" means any equipment powered by mechanical or electrical means.

!

You do have a point , I see in the above clause the use of the word Mechanical ' well if we look up the meaning of that word it even applies to using a shovel ! as that has a mechanical advantage .

:eek:
Not sure how a shovel is mechanically or electrically "powered"? They do give mechanical advantage - no doubt but are powered by 2 arms/legs & a heartbeat.
This type of shovel is ok:
https://www.prospectingaustralia.co...432089384_2015-05-20-12-32-11--492816430.jpeg
This type is probably a little outside the boundaries:
https://www.prospectingaustralia.co...fjog_adnlwpg9tenfnba57cgu970w469-h313-nc.jpeg
:lol:

ha ha someone needs to use one of these :D I used to when I was a kid they work great :p and its even on tracks !!! and you can sit on it :p link here check it out :p :lol: https://s-media-cache-ak0.pinimg.com/736x/d4/07/2d/d4072d264f201c091c50a087c1377604.jpg
 
WalnLiz said:
Antiquated, ambiguous laws which will rarely ever be contested in a court of law. That's the problem with law makers having no clue about the reality of what actually goes on in recreational prospecting. Use to be that public consultation was a part of determining an appropriate law.

Now it's just a bunch of departmental public servants around a table, swapping preferences for their own agendas that seems to make up the regulations, based on what's in it for themselves politically. :/

Wal.

Totally agree, but laws they are. :(
 
I'm all for having "motor driven trommels" banned under the fossicking guidelines, but "hand driven trommels," like the ones on the Qld Sapphire and Topaz fields should not come under the same category. They have been used up there for the past 40 years, yet are technically banned under the legislation. Fortunately nobody has been prosecuted for using a "hand driven trommel" yet, but the law needs to be made clearer in its definitions.

Wal.
 
I believe it needs clearing up to.... prospectors all under one Act .
You have to look at it like a business...state to state.
The laws a very similar ..if you stuck them together they all have the same ...spirit of the law no machinery for excavation of materials....the low impact shovel and pick. Prospectors all agree on that! We just need to convince state level . Am i gunna get nabbed for a rocker box...no engine drive machinery...but it has moving parts.??
 
It is easy to pick loop holes in most legislation.
The most important thing to remember when reading any legislation is that
you must read and interpret them in the spirit they were written.
 
Redfin said:
It is easy to pick loop holes in most legislation.
The most important thing to remember when reading any legislation is that
you must read and interpret them in the spirit they were written.
.
Too true.
I am told that the NSW rules are reasonably open for interpretation.
Mainly written to stop any people totally doing the wrong thing yet not done in such a way to stymy the enjoyment.
Yes, There is a small few changes needed. :D
 
yobskin said:
I believe it needs clearing up to.... prospectors all under one Act .
You have to look at it like a business...state to state.
The laws a very similar ..if you stuck them together they all have the same ...spirit of the law no machinery for excavation of materials....the low impact shovel and pick. Prospectors all agree on that! We just need to convince state level . Am i gunna get nabbed for a rocker box...no engine drive machinery...but it has moving parts.??
Yep nationwide laws would be handy then we all know where we stand. Problem I have with that is for example as things stand in SA you can't legally sell what you find, that goes against the pioneering spirit of the old timers that built this great nation. With laws like we have now, the gold rushes would never have happened. We need to bring attention to the fact that the spirit of the law has been perverted over time for the modern agenda of the politicians. Given that minerals are the property of the state, and given that for a greater price paid for a mining licence/lease, whT possible harm could there be in at least having an arrangement like in Victoria where for a small (reasonable fee) ownership of minerals prospected being tranferred to the finder? Tourism and industry may improve and thats a win for the state.
 
Hahahaha and after you read it with the spirit they were written in? ring up the dpi and double check. Garrantee they arnt reading it with the same spirit you are...

Our spirit is to dig there spirit is to control our digging...its easier for them if we dont dig. I want them to start earning there money.... hahahaha
 
and that is why the acts interpretation act was drafted way back in 1901.
Most states have introduced their own over the years.
 
And yes they have mate.
What a mess hey?
Sooo ? are we up for change yet lads or are we happy sitting on our hands with buttoned lips....watching the puppet masters manipulate land control and profiting from its development.

I swore to myself when i was consulting in Mexico if i ever survive this i could never sit idle and not intervene if i saw or knew somthing was wrong or needed fixing.

I really love Australia for the freedom we have...we all have a voice here.
We have a right to choose we have the right to change.
We are Australian! ;)
 
So who is going to do it. :)
Put their hand up and then garner support for what is needed. ?
We, Us, or Them...
 
It took James Scobie a motel and a lil government corruption last time....Peter Lalor would be feeling poorly of us if we dont .
 
You will only get a clarification of the different interpretations in a court room, not over the phone or in an office, or at a rally.
 
I took this directly of my permit.
Note clause 7.6
Clause 6 does worry me though. There is no mention of Bankers or Sluices.
.
There is no mention on how you process your material.
I will make a phone call next week and get clarification from the top end.
.
1. For the purpose of this Authority -
1.1. Fossicking means search in a small way for minerals;
1.2. Minerals means minerals as defined by the Mining Act.
2. This consent does not authorize fossicking on any area held under lease from the Crown on any State Forest.
3. This consent does not authorise fossicking in timber reserves or Forest Management Zone 1. Maps showing these
areas are available at www.forestrycorporation.com.au <http://www.forestrycorporation.com.au>
4. The holder must conform with all requirements under the Mining Act 1992 and its regulations as well as the information
provided in the publication Fossicking: a guide to fossicking in NSW available on the Department of Primary Industries
website.
5. A person must not fossick for minerals on any land that is the subject of an authority, a mineral claim or an opal
prospecting licence except with the consent of the holder of the authority, claim or licence.
6. State forest areas are subject to native title and as such, only hand -held implements (like picks, shovels, hammers,
sieves, shakers, gold pans and metal detectors) may be used to fossick in State forests.
7. The holder must not in the course of fossicking:
7.1. Excavate in any way except as outlined in clause 6.1.
7.2. Undercut or damage the bank of any watercourse
7.3. Interfere with the flow of water in any watercourse
7.4. Cause pollution of any watercourse
7.5. Cause significant turbidity in any watercourse
7.6. Use any explosives or equipment or machinery operated by mechanical, hydraulic, pneumatic or electrical power for
digging purposes
7.7. Disturb more than one cubic metre of material during any period of 48 hours
7.8. Damage or remove bush rock (not being a mineral)
7.9. Enter any quarries or gravel pits
7.10. Remove in any 48 hour period more than:
7.10.1. 5 kilograms of minerals (other than gold or gemstones);
7.10.2. 50 grams of gold (or 5 nuggets of 10 grams or greater);
7.10.3. 5 nuggets of gold of 10 gms or greater;
7.10.4. 100 grams of gemstones; or
7.10.5. 10 kg of mineral-bearing material (other than above).
8. The holder of this authority shall ensure that the site of any fossicking conducted under this authority is restored as close
as possible to its pre-disturbed condition and left in a clean and tidy condition.
9. The holder must comply with requirements of the Occupational Health and Safety Act 2000 and its Regulation 2001.
10. State forests are working forests and fossicking is not permitted in areas where access is restricted for harvesting, fire
fighting, organised recreational activities or when the forest is officially closed due to extreme weather conditions .
Fossickers must not interfere with the rights of other legitimate forest users and should heed the directions of Forestry
Corporation of NSW staff or contactors.
934563421
 
Banker is a mobile sluice....givem a call? Qld lads see no difference in excavating or processing material. Just no engine driven equipment period! Im interested....
 
Just got back from a scratch and sniff with Bazza. :)
Yes, I am going to clarify again once and for all as to what is required to use a banker/sluice in a State Forest. :D
 
If your using a banker/sluice in a State Forest without issue now I'd just continue doing so. If you start pushing for clarification they may make it very clear & add it to their permits (no use).
At the moment it all reads to me to do with the actual fossicking, excavating or digging. As long as you follow the other rules like not causing significant turbidity or interfering with watercourse flow I'd reckon you'd be ok. People have been highbanking in the forests for years.
 
mbasko said:
If your using a banker/sluice in a State Forest without issue now I'd just continue doing so. If you start pushing for clarification they may make it very clear & add it to their permits (no use).
At the moment it all reads to me to do with the actual fossicking, excavating or digging. As long as you follow the other rules like not causing significant turbidity or interfering with watercourse flow I'd reckon you'd be ok. People have been highbanking in the forests for years.
.
The wording on the permit has changed from surface disturbance to digging. :D
.
I know that there is generally no problem as long as you are not being stupid.
Also there are some people on here being told not to do so by rangers them selves.
About time it was really bought to a head.
.
Without ruffling feathers.
 

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