An afternoon of coincidences.. after meeting Mr Teague I happened to get the manager of the Labour party's election campaign in my car, and immediately afterwards the legal manager of the South Australian mining department in my car, so I got the chance to have lengthy discussions with both of them.
The legal manager was very helpful. According to him, the 1971 Mining Act does not prevent prospecting or fossicking on any Crown/State land; in fact everyone has the right to do so. The real obstacle is the Environment Act; the minister of that department has the power to restrict access to their land even though we would legally be allowed to prospect on the land if we could gain access to it?! The Environment Act usurps the Mining Act in this instance, mostly for reasons of duty of care.
His advice was to write to the Minister for the Environment after the state election and put forward reasons why access to the land should be granted.
He also suggested the possibility of introducing a licensing scheme like that of Victoria, whereby we indemnify the department for any injuries that we may sustain while prospecting, and may include an agreement that the prospecting licence allows the transfer of ownership of any finds from the Crown to the individual.
A group letter from a proper association would be most effective, especially immediately after the elections when the politicians are looking to make their mark and introduce popular reforms.
shmiff
