Highbanking in (Qld) Queensland information and questions

[SteveG]

You're wrong mate. Get over it & stop posting videos of illegal activity.
Show us pics or video of the area after restoration? Or did you leave the tailings like the other pile just near to where you where highbanking.

Just saying "You're wrong" isn't a very convincing argument. Look I'm here to make friends and share content, not make enemies. But if you're going to have a go at me, at least back it up with facts in legislation, not just your feelings.

I'm also allowed to leave a tailings pile on my private property if I like.

 

[dam it]

:argh: POPCORN TIME :lol:

 

[silver]

It's not to do with content now... it's the spirit of the forum... the old one man wolf pack. :/

 

[silver]

The weight of staying or going on the popcorn scales

 

[grubstake]

Sorry but have you read the act and not just the operating rules?
The act clearly defines fossicking and washing dirt at a later time/location does not fit within the definition.

Also could you please direct me to the section of the act which defines how much dirt is allowed to be removed? I don't believe you will be able to do that as it doesn't exist.

I realise it's a lot for people to get their head around, but the rules are clear and washing your fossicking material is not fossicking.

Unfortunately Steve, you seem to have no real understanding of how legislation actually works. You repeatedly state that what you are doing (basically, removal of bulk material for subsequent processing), isn't covered by the Fossicking Act 1994, so you apparently assume you've found a loophole that somehow makes your activity OK.

In reality, if what you are doing isn't covered by that act (described on the title page as,"An Act about recreational and tourist fossicking for minerals, gemstones and ornamental stones, and for related purposes"), then it will most likely be viewed by the authorities as mining - not fossicking - and will be covered by the Mineral Resources Act 1989 and any relevant rules and regulations thereunder. I think it would be wise for you to consult a Queensland lawyer for further clarification of relevant legislation.

(To be clear, I am not a lawyer but have paralegal experience in commercial law, contracts, etc., here in Western Australia).

 

[SteveG]

Sorry but have you read the act and not just the operating rules?
The act clearly defines fossicking and washing dirt at a later time/location does not fit within the definition.

Also could you please direct me to the section of the act which defines how much dirt is allowed to be removed? I don't believe you will be able to do that as it doesn't exist.

I realise it's a lot for people to get their head around, but the rules are clear and washing your fossicking material is not fossicking.

Unfortunately Steve, you seem to have no real understanding of how legislation actually works. You repeatedly state that what you are doing (basically, removal of bulk material for subsequent processing), isn't covered by the Fossicking Act 1994, so you apparently assume you've found a loophole that somehow makes your activity OK.

No, I've never stated that at all. Quite the opposite. The digging/collecting and removal of the fossicking material IS fossicking and I do it in accordance with the act (using hand tools only).

What is not covered by the act is what I then choose to do with my fossicking material at a later time.

Happy to admit I am wrong if you can show me the section of the act which details what is/isn't allowed to be done with fossicking materials after collection.

 

[Simmo]

(2)A person fossicking under a licence on designated fossicking land or a fossicking area must not move wash out of the designated fossicking land or fossicking area.

EDIT:
Maximum penalty20 penalty units.What is 1 penalty unit Qld?
The fine amount for an offence under Queensland State legislation and the laws of local governments is identified as a penalty unit. a fine of 1 penalty unit is $133 (rounded down from $133.45) ... a fine of 2 penalty units is $266 (rounded down from $266.90).

 

[mineallmine]

Lol :lol:

 

[Rodt]

While I am new to the fossicking game I have been dealing with legislation and interpretation of it for a number of years. The one thing that I see missing when reading the above discussion is how multiple legislations may apply.

Without researching myself SteveG has appeared to have researched the legislation in regards to fossicking and I have no reason to doubt that it is incorrect. However what is missing is that the processing of material could be defined in another act somewhere else so isn't referenced to in the fossicking act. This is fairly common

I did a quick search of the Qld legislation and found in the Mining and Quarrying Safety and Health Act 1999 S10 a definition of Mining Operations

Meaning of operations

(1)Operations are activities carried on principally for, or in connection with, exploring for, winning, or winning and treating, minerals or hard rock and include the following
(a)extracting, loading, transporting, crushing, concentrating, storing, smelting, electrowinning, leaching and processing of minerals or hard rock;
(b)disposing of mineral or waste products in connection with winning, extracting or processing minerals or hard rock;

The point being that even if the above is not the correct place to understand the activity it very clearly refers to processing material which is what we are talking about here.

The various regulatory bodies charged with enforcing the various acts will often issue explanatory material to clarify situations where confusion exists and this is accepted as being an accurate interpretation of the requirements. Prior to any explanatory material being published it usually goes through an army of lawyers which is why it is accepted.

Failing any legislative clarity I would be looking for published explanatory material before proceeding

 

[grubstake]

(2)A person fossicking under a licence on designated fossicking land or a fossicking area must not move wash out of the designated fossicking land or fossicking area.

EDIT:
Maximum penalty20 penalty units.What is 1 penalty unit Qld?
The fine amount for an offence under Queensland State legislation and the laws of local governments is identified as a penalty unit. a fine of 1 penalty unit is $133 (rounded down from $133.45) ... a fine of 2 penalty units is $266 (rounded down from $266.90).

 

[Rodt]

Well that throws another aspect to it doesn't it. Doesn't matter if removal and processing elsewhere is called Fossicking or not. The Regs clearly say that you can't remove anything if you are a Fossicker

 

[Simmo]

To: Mineral Hub
Subject: Fossicking in QLD

Hi Team,
Ive had this fella state that he can legally fossick for Gold using hand tools and then take the material home to put it through his motorised sluice.
He states that nothing in the fossicking act pertains to what you do with the material after you have collected it.
Therefore is legal for him to do this?
Can you comment?

Regards,
Simon

Good Morning,

Please see link below for fossicking rules and responsibilities.

Permitted activities and materials | Recreation, sport and arts | Queensland Government (www.qld.gov.au)

You can collect Gemstones and Mineral Specimens to keep.

You cannot take materials (dirt) off site for processing through any type of highbanker.

You are not permitted to use any machinery with a fossicking licence, This includes water sluices with electronic pumps and dredges of any kind.

If you need further information please visit section 38 of the fossicking act 1994. Link below.

Fossicking Act 1994 (legislation.qld.gov.au)

Hope this clarifies your question.

Thanks.

Xavier Horgan
Project Officer Assessment
Mineral Assessment Hub | Mineral and Coal
Department of Natural Resources, Mines and Energy

P: 07 4447 9230
E: [email protected]
A: Level 9, Verde Tower, 445 Flinders Street, Townsville Q 4810 | PO Box 1752, Townsville Q 4810

 

[20x]

Qld forestry act 1959..
Offence description - search for/collect minerals on state Forest whilst unauthorised.
Penalty - $400.
My fine doesn't say how many units.
That was for half a bucket of dirt and expired permit.
I was outside the fossicking area so do not know if it might have been ok with a current fossicking permit.

 

[Simmo]

Qld forestry act 1959..
Offence description - search for/collect minerals on state Forest whilst unauthorised.
Penalty - $400.
My fine doesn't say how many units.

That would be 3 Penalty units.

 

[20x]

The legal alternative in Qld and NSW is to be a more determined and smarter sampler with the pan to learn how to identify conserntrations/fall out zones rather than the approach of highbanking metres of poor gravels..

 

[Jemba]

From what i can see if its in QLD then you are doing an illegal activity
I could be wrong but as far as i know like NSW they have been banned

There is no ban on highbankers in NSW. The ban is on the water pumps. You can still use a banker as long as there is no water pump attached to the banker.

 

[phantomnosepicker]

onya simmo....cleared that up

 

[aussiefarmer]

The legal alternative in Qld and NSW is to be a more determined and smarter sampler with the pan to learn how to identify conserntrations/fall out zones rather than the approach of highbanking metres of poor gravels..

Yep work smarter rather than harder
Quality instead of quantity

Better for the bush therefore better for our hobby.

 

[Bonacini]

Hi do we have a forum or section on here with all the related mining and Rossi king acts for each state thats easily accessible? I have a quick scan and could not find any, Im in vic

 

[mbasko]

6A Meaning of mine
(1) Mine means to carry on an operation with a view to, or for the purpose of
(a) winning mineral from a place where it occurs; or
(b) extracting mineral from its natural state; or
(c) disposing of mineral in connection with, or waste substances resulting from, the winning or extraction.
(2) For subsection (1), extracting includes the physical, chemical, electrical, magnetic or other way of separation of a mineral.
(3) Extracting includes, for example, crushing, grinding, concentrating, screening, washing, jigging, tabling, electrowinning, solvent extraction electrowinning (SXEW), heap leaching, flotation, fluidised bedding, carbon-in-leach (CIL) and carbon-in-pulp (CIP) processing.
(4) However, extracting does not include
(a) a process in a smelter, refinery or anywhere else by which mineral is changed to another substance; or
(b) testing or assaying small quantities of mineral in teaching institutions or laboratories, other than laboratories situated in the area of a mining lease; or
(c) an activity, prescribed under a regulation, that is not directly associated with winning mineral from a place where it occurs.
(5) For subsection (1), disposing includes, for example, the disposal of tailings and waste rock.
(6) A regulation under subsection (4)(c) may prescribe an activity by reference to the quantities of minerals extracted or to any other specified circumstances.

6B Meaning of prospect
(1) Prospect means take action to find out about the existence, quality or quantity of minerals on, in or under land by
(a) using a metal detector or a similar handheld instrument; or
(b) sampling using only handheld implements, including, for example, hammers, hand augers, panning dishes, picks, shakers, shovels and sieves. (2) However, prospect does not include taking action that is
(a) hand mining; or
(b) the removal of minerals for their sale.

6C What is carrying out improvement restoration
(1) To carry out improvement restoration, for a mining tenement, means to repair any damage caused by an activity under the tenement to all pre-existing improvements on, or attached to, the area of the tenement by
(a) restoring them to the same, or substantially the same, condition they were in before the damage happened; or
(b) replacing them with another improvement in the condition mentioned in paragraph (a).
(2) For subsection (1), damage does not include damage to which a requirement to rehabilitate or remediate under the Environmental Protection Act applies.

6D Types of authority under Act
The types of authority under this Act are
(a) a prospecting permit; and
(b) a mining claim; and
(c) an exploration permit; and
(d) a mineral development licence; and
(e) a mining lease.