Highbanking in (Qld) Queensland information and questions

[Guest]

Excellent advice. Thanks. I'll work on that. Thanks for the link.

 

[Guest]

Is that Goldnet site still active. It just seems very out of date. It's a great read, though.

 

[mbasko]

It's finished but still available online. Some good reads on there.

 

[SteveG]

Hi,

Sorry for posting this here, but I don't know who to contact. I posted a video in the Members Youtube Videos section recently, and it was deleted. I posted it again today, and it's locked.

Is there a problem? It's just a normal highbanking video, nothing against the rules as far as I can see?

Thanks

 

[7.62marksman]

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

 

[SteveG]

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

Thanks. I did not mention what state I'm doing it in though. And besides, highbanking is allowed in queensland anyway.

The QLD rules say you can't use any machinery etc to fossick, however highbanking is not fossicking. The act of fossicking is to collect/dig fossicking material only. What you do with your fossicked material later on is your business, including washing it.

 

[7.62marksman]

Ok mate can you post a link to the QLD regulations as i am not up to speed on them

 

[SteveG]

No worries, here is the act: https://www.legislation.qld.gov.au/view/pdf/inforce/current/act-1994-063

If you go to page 12 it defines fossicking, which is:

5 Meaning of fossick
(1) Fossick means
(a) search for fossicking materials in a systematic or
unsystematic way
(i) on the grounds surface; or
(ii) by digging with a hand tool; or
(b) collect fossicking materials.

You cannot use machinery to search for or dig fossicking material. That's fine, I only use a shovel to fossick.

I then take my fossicked materials to my private property and wash it using my highbanker. As this is not collecting/digging, I am no longer fossicking and not covered by the act.

If Highbanking were not allowed, neither would putting gems in a tumbler, an assay company testing a sample or refiners refining ore. These are all activities carried out with fossicked material after the act of fossicking.

 

[7.62marksman]

Thanks mate will give it a read tomorrow

 

[Smoky bandit]

Mate you can use a highbanker in Qld only if you hand feed the water.
Pumps are banned and have been for many years.
Taking that much dirt to another location is also illegal.
Also you are STILL searching for gold or whatever when running your pump. You have not ceased fossicking.
And unfortunatlly it is still illegal even when on private property unless you're on a lease.
This topic has been done to death on here many times before.
I personally couldn't care less what you do but I'm sure your post was blocked because there are a few rules in that video being broken.
People have tried, and still try to interpret the rules to their advantage.
If your unsure contact the mines department and they will tell you clearly, pumps are illegal.
Good luck. :Y:

 

[mbasko]

Remember, no matter where you fossick, you must have afossicking licenceand followfossicking rules.

When fossicking, youmust not:

*destroy or injure any trees
*clear any vegetation except above an actual excavation
*pollute any watercourse, dam or the like
*create areas likely to erode
*interfere with any livestock, wildlife or property infrastructure (e.g. windmills, bores, pumps, tanks, fences)
*interfere with any heritage or cultural site
*undermine any banks or dig pits to create any tunnels or overhanging sections.

On leaving a site:

*refill all excavations
*remove all camping structures
*bury human waste at least 20cm deep and 20m away from the high bank of any watercourse
*remove all rubbish, unless established bins or pits are in the vicinity
*ensure the site is in a safe, tidy and sanitary condition.

No machinery is permitted. This includes water sluices with electronic pumps and dredges of any kind.

 

[SteveG]

Mate you can use a highbanker in Qld only if you hand feed the water.
Pumps are banned and have been for many years.
Taking that much dirt to another location is also illegal.
Also you are STILL searching for gold or whatever when running your pump. You have not ceased fossicking.
And unfortunatlly it is still illegal even when on private property unless you're on a lease.
This topic has been done to death on here many times before.
I personally couldn't care less what you do but I'm sure your post was blocked because there are a few rules in that video being broken.
People have tried, and still try to interpret the rules to their advantage.
If your unsure contact the mines department and they will tell you clearly, pumps are illegal.
Good luck. :Y:

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. If you think it is, you must think that putting gems in a tumbler is also illegal, as that is the motorised cleaning of fossicking material.

 

[mbasko]

Remember, no matter where you fossick, you must have afossicking licenceand followfossicking rules.

When fossicking, youmust not:

*destroy or injure any trees
*clear any vegetation except above an actual excavation
*pollute any watercourse, dam or the like
*create areas likely to erode
*interfere with any livestock, wildlife or property infrastructure (e.g. windmills, bores, pumps, tanks, fences)
*interfere with any heritage or cultural site
*undermine any banks or dig pits to create any tunnels or overhanging sections.

On leaving a site:

*refill all excavations
*remove all camping structures
*bury human waste at least 20cm deep and 20m away from the high bank of any watercourse
*remove all rubbish, unless established bins or pits are in the vicinity
*ensure the site is in a safe, tidy and sanitary condition.

No machinery is permitted. This includes water sluices with electronic pumps and dredges of any kind.

I then take my fossicked materials to my private property and wash it using my highbanker. As this is not collecting/digging, I am no longer fossicking and not covered by the act.

No you are processing with machinery. You're likely breaking other Acts being unlicensed mining, no EPA approval etc.

If Highbanking were not allowed, neither would putting gems in a tumbler, an assay company testing a sample or refiners refining ore. These are all activities carried out with fossicked material after the act of fossicking.

Gems in a tumbler is a hobby process not mass processing of material to recover minerals.
Assay companies are usually provided samples by licensed miners or exploration companies. I'd suggest reading the Qld laws on selling fossicking finds.
Refiners as per above.

 

[mbasko]

Mate you can use a highbanker in Qld only if you hand feed the water.
Pumps are banned and have been for many years.
Taking that much dirt to another location is also illegal.
Also you are STILL searching for gold or whatever when running your pump. You have not ceased fossicking.
And unfortunatlly it is still illegal even when on private property unless you're on a lease.
This topic has been done to death on here many times before.
I personally couldn't care less what you do but I'm sure your post was blocked because there are a few rules in that video being broken.
People have tried, and still try to interpret the rules to their advantage.
If your unsure contact the mines department and they will tell you clearly, pumps are illegal.
Good luck. :Y:

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. If you think it is, you must think that putting gems in a tumbler is also illegal, as that is the motorised cleaning of fossicking material.

Sorry you're wrong. Contact the Qld Mining Dept. for clarification.
Trust me from experience your interpretation of the Act doesn't hold water. The Mining Dept's does & is backed by legislation to allow them to interpret & enforce.
You're also not refilling your excavation, leaving an area likely to erode, among a few other things an inspector might ping you for.
It's a good video & nice gold.
It's also a good video to show people in NSW/Qld what not to do.
Like Smokey I don't really care what you do (especially on private property) but videos like that promote unlawful activities which are impacting access & causing more restrictions for everyone. :N:

 

[Jaros]

Contact the Qld Mining Dept. for clarification and let us know the result.

 

[mbasko]

Also could you please direct me to the section of the act which defines how much dirt is allowed to be removed?

39 40 Limits on digging (1) A person fossicking under a licence must not dig below ground level
(a) to a depth, measured from the highest point at the top of the land dug, of more than
(i) 0.5m in a watercourse; or
(ii) 2m on other land; or
(iii) a depth fixed under subsection (2); or
(b) if the digging involves tunnelling under land or creating an overhang; or
(c) in a road reserve.

 

[SteveG]

Also could you please direct me to the section of the act which defines how much dirt is allowed to be removed?

39 40 Limits on digging (1) A person fossicking under a licence must not dig below ground level
(a) to a depth, measured from the highest point at the top of the land dug, of more than
(i) 0.5m in a watercourse; or
(ii) 2m on other land; or
(iii) a depth fixed under subsection (2); or
(b) if the digging involves tunnelling under land or creating an overhang; or
(c) in a road reserve.

Nowhere there does it say how much is allowed to be removed. Sorry but you'll need to try again.

Also you claim that I didn't refill my excavation. Were you there watching me after filming stopped? No, so don't make assumptions please.

You also claim that gems in a tumbler is a hobby whereas I am "mass processing" - Can you please direct me to the section of the act which defines "mass processing"

None of your replies are based in any demonstrable fact. I'm directly quoting legislation, would appreciate if you could do the same.

 

[mbasko]

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.

 

[Smoky bandit]

Mate if you are really interested in following the laws correctly and need clarification on how to interpret said laws
Just ring the QLD mines department and they will clarify any question you may have.
But I can garrentee you are wrong and breaking the law. :100:
Either way I enjoyed the video and nice Gold as well.

 

[Smoky bandit]

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.