Exempt rivers and creeks Victoria - information and questions

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Haha pesky exempted list. Funny I we reading a trove report about a lady refusing to remove a house due to the fact she was allowed tooccupy The land under miners right. Sure it wasn't the exempted area but the mines department gave her restitution to move as they had to. Case in point of occupy under its original intent around the turn of last century. I'd be putting that in a test case if anyone ever does receive an infringement because they were knowingly or unknowingly in an exempted area.

The above posts are correct if it includes tributaries it has to state it on the list to be exempt.
 
Hi Y 4 k,
My reading of the exempted list is that if a creek has its own gazetted name, then it could not be considered to be part of the larger ( exempted ) river. Google Maps tends to list the name of rivers / creeks giving their own names but is silent on small gullies that have not been given names.

But I reckon that a splitting of the river into two similarly named rivers is still part of the same river. I wish it went so cos the Tanjil splits into a West and East branch. If the consensus is otherwise, I'm out there tomorrow!!!!!

I've also been looking at the Tyers West River but considered it to be part of the exempted Tyers River.

It's a little easier in NSW cos the river boundary is set to include 1 chain either side of the banks of the river ( a cricket pitch's length). In Victoria we do not have such definition. It would be ambiguous as to whether an ox-bow cut off from an existing river would be part of the original river.

I've tried to do a quick google search and there is no easily available info on where the boundary of a river is in Vic. Given that I would say that the waters edge would be considered the boundary. So, if you pulled a nugget from a crevass beside the water that should be ok, or with a detector away from the river, but not getting the shovel wet to remove material.

That doesn't answer your question though, just some thoughts.

You could try a call to a DPTLI office (or whatever it's called now (maybe GLBTG (hee hee)) but I would anticipate that answer will be 'no'.

I'd be interested to see what others think?
Cheers
TD
 
Try DEPI and ask who manages the specific area. Then ask them.
Technically if you have permission of land management even if it's on the list it's a green light.
If it's is named then black and white it is unable to be worked without permission.
If not go for it under the rest of your miners right rules.
If I knew more about the area I could be more helpful. DEPI should know it's their job to know (well in theory I've had some strange conversations with them in and out of their offices, you can get two people say two opposite things at times about the same rules)
 
Tricky **** said:
Hi Y 4 k,
My reading of the exempted list is that if a creek has its own gazetted name, then it could not be considered to be part of the larger ( exempted ) river. Google Maps tends to list the name of rivers / creeks giving their own names but is silent on small gullies that have not been given names.

But I reckon that a splitting of the river into two similarly named rivers is still part of the same river. I wish it went so cos the Tanjil splits into a West and East branch. If the consensus is otherwise, I'm out there tomorrow!!!!!

I've also been looking at the Tyers West River but considered it to be part of the exempted Tyers River.

It's a little easier in NSW cos the river boundary is set to include 1 chain either side of the banks of the river ( a cricket pitch's length). In Victoria we do not have such definition. It would be ambiguous as to whether an ox-bow cut off from an existing river would be part of the original river.

I've tried to do a quick google search and there is no easily available info on where the boundary of a river is in Vic. Given that I would say that the waters edge would be considered the boundary. So, if you pulled a nugget from a crevass beside the water that should be ok, or with a detector away from the river, but not getting the shovel wet to remove material.

That doesn't answer your question though, just some thoughts.

You could try a call to a DPTLI office (or whatever it's called now (maybe GLBTG (hee hee)) but I would anticipate that answer will be 'no'.

I'd be interested to see what others think?
Cheers
TD
Click to expand...

Definition of a waters edge in vic
in old terms, its 18feet from the normal flow of waters edge
its the same as fishing on a river that runs through private land
hope that helps a little
cheers Kane
 
Hi all,
Reading the topic as I looked at the Energy and earth Resources and got myself thoroughly confused.
FAQ's Question 13 Can the holder of a miners right prospect in Victorian rivers ?
A. Yes, but there are exclusions. ( see list of exempted rivers and streams)

If you then scroll down and go to the list which is damned long, you see what's near got to be every watercourse in the state.
The list also includes Stringers creek, WTF?, so probably the most likely chance to find the shiny stuff is not permitted for prospecting and fossicking. ( Think Walhalla - if theirs any shiny stuff left).
To my knowledge mining is still going on.

So, if you look up the word "exclusion" on google (Macmillan dictionary) -a situation in which someone is deliberately prevented from being involved in an activity or from entering a place.

Then look up "exemption" (Macmillan Dictionary)-Permission to ignore something such as a rule, obligation, or payment'

So then the answer to 13 is there are exclusions but are exemptions.
My reasoning is that exclusions exist, good, but I can fossick in the exempted areas, lets look at the exempted areas.

Scroll down to exempted areas and lo and behold the great long list I mentioned earlier,
with the statement- LIST OF RIVERS ETC- where prospecting and fossicking is NOT permitted.

So we have a LIST OF EXEMPTED RIVERS AND STREAMS (see above def.) that says we are not permitted to use as per the statement. This would have to have legal eagles rubbing their hands in glee if you ever had to engage them if prosecuted.

In reality I think maybe a misunderstaning or typo has occurred, now to try and follow up on the mentioned Order in Council, dated 6 May 1914, I think this will be a challenge but then again we have an Energy and resources Minister that gets paid to look after this.

So Prospector pete you carrying the 3 page exemption list might not help if challenged. ( read "Not permitted")
Bazz, I can understand your frustration, Where did you go to the rangers office Traralgon?

Something to think about.

cheers
Peter
 
I've thought about this a bit myself as well and the way I take it in my area is I'm not allowed to be in the Yarra, but can be in any of its tributaries as long as its crown, not leased to farmers etc..a

A lone prospecter using correct tools couldn't possibly cause any more damage then a 80 foot tree falling off a cliff into the creeks and rivers here i.m.o.
 
To me there exempt from occupation for mining purposes , from my understanding occupation from mining means you have to occupy the land ,to occupy by law means to own or have sole occupancy), for that to happen back then , you first must , peg mark out and register a claim to that land , which entitled you to solely work that land i/e its yours for a fee , with me so far , now i thought here in vic the law was changed to within a certain distance from the creek to a certain point , NO-ONE can solely occupy or make claim to , hence being for public use and purposes hence , if i dig a hole anyone can come dig in it , and i cant do anything (its public land) hobby prospecting by law is a hobby u dont make any money from it that means i/e you cant sell the gold because if you do long story short you have just made a lease with no licence
 
Am i right or wrong can someone tell me , coz the dpi cant ! they just bring up heritage laws and water laws and sit there and fake phone calls to get me out
 
Illfindit said:
To me there exempt from occupation for mining purposes , from my understanding occupation from mining means you have to occupy the land ,to occupy by law means to own or have sole occupancy), for that to happen back then , you first must , peg mark out and register a claim to that land , which entitled you to solely work that land i/e its yours for a fee , with me so far , now i thought here in vic the law was changed to within a certain distance from the creek to a certain point , NO-ONE can solely occupy or make claim to , hence being for public use and purposes hence , if i dig a hole anyone can come dig in it , and i cant do anything (its public land) hobby prospecting by law is a hobby u dont make any money from it that means i/e you cant sell the gold because if you do long story short you have just made a lease with no licence
Click to expand...

My accountant got it in writing from the ATO , that any gold I find as a hobbyist can be sold and I can do anything I want with the money.

It is tax free as long as I am a hobbyist , ie I have another source of income and prospecting is not my sole income.
 
hi all this is a rookie question
in vic i got my miners rights
so i read the dos and donts
and im unclear on the exempt creeks and rivers can i pan them rivers or does exempt mean i cant cos the list reads as a lot of rivers and creeks gold was found in
thanks for you patients with me
 
ftroop said:
hi all this is a rookie question
in vic i got my miners rights
so i read the dos and donts
and im unclear on the exempt creeks and rivers can i pan them rivers or does exempt mean i cant cos the list reads as a lot of rivers and creeks gold was found in
thanks for you patients with me
Click to expand...

In simple terms Exempt streams are ones that you are not allowed to prospect.

I believe the historic reason for classifying streams and rivers as such was because they were associated with where people were living and they did not want the prospecting activity to impact on these areas.

Rob.
 
So can I use the water in an exempted river/creek to process, with a river sluice, classified dirt dug out of a dry creek bed adjoining , but not in, the exempted river
 
I think I might have been avoiding a pannable creek very close to me for a little over a year now... on the exempt list it mentions "Yarrowee River Tributary of Barwon River" there happens to be a Yarrowee creek near me (Sebastopol in Ballarat)... and it never occurred to me that there could be a different one... given the Barwon River is quite a bit further down South (or at least Google Maps seems to have it listed down there)... is my local Yarrowee Creek a different creek and I can therefore pan it or does the Barwon River come all the way up here and muck up my hopes of a short trip to pan? (I should probably know more about the path of the Barwon River but my memory is a bit rusty).
 
blennus said:
I think I might have been avoiding a pannable creek very close to me for a little over a year now... on the exempt list it mentions "Yarrowee River Tributary of Barwon River" there happens to be a Yarrowee creek near me (Sebastopol in Ballarat)... and it never occurred to me that there could be a different one... given the Barwon River is quite a bit further down South (or at least Google Maps seems to have it listed down there)... is my local Yarrowee Creek a different creek and I can therefore pan it or does the Barwon River come all the way up here and muck up my hopes of a short trip to pan? (I should probably know more about the path of the Barwon River but my memory is a bit rusty).
Click to expand...

the creek and the river may be one and the same .....

http://www.thecourier.com.au/story/324076/yarrowee-dont-call-it-a-creek/
 
Occasional_panner said:
Poop out of luck mate, that one is off limits.
Click to expand...

Yes - curious though that the Yarrowee mentioned on the exempt list says it is a tributary of the Barwon River, a river which is on the opposite side (south side) of the Dividing Range to the Yarrowee River/creek asociated with the Ballarat Goldfield.
 

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