Hi all,
My attention has been drawn to this conversation twice in recent months and asked to provide an opinion/comment. I generally don't have an interest, or the time to participate in these conversations but there is a lot of mis-information being shared in this conversation. I am a Tenement Consultant, and a keen fossicker (not gold - gemstones and other dirty rocks are my thing).
Over the last 5 or so years, I have had cause to speak with the Mines Department to clarify fossicking rules with both hats on. A few key points are below. Being Friday afternoon, I'm not going to pull out sections of various Acts for reference but I dot point key facts.
1. An exploration permit, granted or otherwise does not provide exclusive grant of the area despite what exploration permit holders may desire. As far as I am aware, this holds true for every State in Australia, however some States/Territories require you to provide written advice to the exploration licence holder prior to entry.
2. An exploration permit grants you the right to explore and essentially first option to develop the resource into production tenure - a holder does not own the mineralisation. Minerals must not be won through exploration activities. IF an exploration permit holder permits a Metal Detector entry, they should be following the conditions of the Land Access Code (2016) as it relates to their tenure - notification to the Land Holder is required. This is pretty murky though, as the intention is to win minerals (see note above).
3. A mining lease application does not prohibit grazier or fossicking activities. If a land holder provides consent for that area, it is considered lawful. Don't blame me, I don't like it either. Respectfully peopel should avoid application areas, unfortunately the appearance of an application on the map seems to attract wrong-doers.
4. The NQMA HAS discussed the matter of mining lease applications becoming off limits for fossicking activities with the Mines Department. After again being pointed to this thread today, I phoned Townsville and spoke with a Manager today and was advised that although the matter had been explored and discussed with high levels of government and legal advice sought, no changes to the current Fossicking Act 1994 are proposed to be made at this time.
5. Someone mentioned EPM's being held and no exploration activities having ever being carried out. We are entering a new age where EPM holders are being held to account and they are being made to prove their activities, apply for variations and state their cases if they have failed to meet their obligations. in 2019 a significant area of land was opened up after companies were made to relinquish sub-blocks and surrender permits in their entirety due to failure to meet exploration and expenditure conditions. The landscape is changing.
6. The Palmer River Resource Reserve (formerly the R16) strictly prohibits fossicking/metal detecting activities. Consent by the Land Holder will not be given therefore you will be trespassing. It is disrespectful to the Cultural & Heritage values of the area and to the Miners who are conditioned heavily with their activities as they relate to those values.
7. I have been advised in two separate conversations, with two officers in the Field and Land Access team that the State of Queensland is not interested in pursuing prosecution against trespassers when it comes to fossicking activities. This appears to be the position of multiple agencies who have authority to pursue these matters (I will let you infer meaning, I won't elaborate). This is causing a lot of friction with Land Holders, I speak with multiple each week. Some of these guys may actually allow you to enter and detect if you approach them in the right manner rather than sneak in (not suggesting members of this forum do this, but many do).
8. Prospecting permits are not really issued any more with the exception of the purposes of pegging. You can make an application but native title must be addressed and a security payable to DNRME is payable. I spoke with (yet another) DNRME staff member today who advised that they do not issue them these days.
9. There has been a bit of mud-slinging on this public forum. Not real cool. In relation to the NQMA, if you have questions, attend a meeting. They are held 5 times a year in Mareeba and are generally open to any person wishing to attend. If you have concerns about industry, or your rights get involved and have your say. Emailing via the info email is okay, but I imagine pretty time consuming for a volunteer committee.
10. A lot of BS gets around about the Goldhounds, often by people with axes to grind for one reason or another. A lot of the information relating to the compliance action is mis-represented in the gossip. As Dave wrote earlier, a right to information application was sought and some things came to light. I do not want to get into it in an open forum. These are good men with families and the continued smearing of them over what amounts to malicious gossip is slanderous (in my opinion in any case). Let sleeping dogs lay (pun intended) and move on.
I am not allowed to post links due to my Newbie status but you can easily Google the fossicking (and prospecting) rules and responsibilities (Queensland Business Website), the Fossicking Act 1994 & the Fossicking Regulations 2019.
I don't want to commit a lot of time to this ongoing topic but if you have any questions, shoot them this way and I will try to clarify when I have time.
Cheers
Claire
