NSW a Minefield of Rules Simplified (hopefully).

[mbasko]

From what I have been able to find out an EL overwrites any permission so the holder of the EL must give consent. Getting consent is like finding an honest politician, near impossible.
I have so many unanswered emails I have given up.

In NSW if the LGA is a gazetted Fossicking District then there's no requirement for permission from the EL holder (as long as you have landowner/landmanager permission & you're not encroaching directly on the area of exploration activities).
This is the only benefit of becoming a Fossicking District as all other permission requirements still stand.
And yes, good luck getting a reply or permission outside of Fossicking Districts - in nearly 20yrs I've had 2 responses (from dozens of requests). 1x yes & 1x no.

From Fossicking: A Guide to Fossicking NSW:


https://www.resourcesregulator.nsw.gov.au/meg.site/mining-and-exploration/fossicking-nsw

 

[JohnMcClane99]

View attachment 15224this is the map that counts. Dalmorton is off limits anywhere near the river so hard going to get up in the hills by foot to legally have a pan which is a shame. Most of northern nsw is the same story

Ffs I think I enjoyed this more when I had no idea. Literally everywhere I like to go is illegal

Was heading to dalmorton on the 25th for 5 nights, won't bother now. Backup plan was Bingara. I guess I'll start checking that out on minview. Safe to say whenever I was panning there is probably illegal too. Just makes you want to give up as the casual Prospector.

 

[JohnMcClane99]

This is very depressing. Looks like the entire Bingara area has been claimed under some lease including all of the state forest. I'm at my witts end now, I think I'll just take a pan and my shit 4wd so if they want to take my gear they won't get much

 

[JohnMcClane99]

I was upset now I'm just plain angry. I was on night shift last night and went back to all the spots I've been too in nsw. Every single one of them was out of bounds and every single time I thought I'd been doing the right thing. How the hell is average Joe meant to enjoy this hobby with his kid? I buy a state Forrest permit, it seems every state Forrest is under some God damn mining lease.

Take a look at nundle. Since they've taken the peel everyone says no worries hit the state Forrest. Nope it's all under some God damn lease too. I give up. I'm just going to go where I want to go and plead ignorance. Just don't know what else to do.

The places around Bingara listed in the tourist center guide are under an exploratory lease ffs

 

[JohnMcClane99]

NSW State Forests
Fossicking is allowed in most NSW State Forests with a permit. The permit fee is payable & other info provided here: https://www.forestrycorporation.com.au/visit/activities/fossicking
The NSW State Forest permit only applies to state forest areas. It DOES NOT give any right of access to any other land for fossicking/prospecting.
Map showing NSW State Forest areas where fossicking is and is not permitted: https://minview.geoscience.nsw.gov....&z=7&bm=bm3&l=re4:y:100,ad62:y:100,ad61:y:100
The rules for Fossicking Districts (outlined above) apply to NSW State Forests also.

Mate can you please compare your map to mine of the permitted areas. When I add exploration and mining titles to yours it wipes out most state Forrests. Are we still allowed onto those areas in the state forest?

I really hope so

 

[Mr happy]

Mate can you please compare your map to mine of the permitted areas. When I add exploration and mining titles to yours it wipes out most state Forrests. Are we still allowed onto those areas in the state forest?

I really hope so

Not without permission of the lease holder. It seems every likely place in nsw is under an EL these days, it just ridiculous. We need more designated fossicking areas, decent locations with minerals present not 4 hours drive each way away.

 

[mbasko]

Not without permission of the lease holder. It seems every likely place in nsw is under an EL these days, it just ridiculous. We need more designated fossicking areas, decent locations with minerals present not 4 hours drive each way away.

Unfortunately outside of Fossicking Districts you by rights need the EL holders permission, even in otherwise allowable areas like State Forests.

Yes, they need to remove the need for EL holders permission from legislation or make the whole state Fossicking Districts.

 

[JohnMcClane99]

Unfortunately outside of Fossicking Districts you by rights need the EL holders permission, even in otherwise allowable areas like State Forests.

Yes, they need to remove the need for EL holders permission from legislation or make the whole state Fossicking Districts.

So if it's a fossicking district you don't need the el holders permission in a state Forrest?

In that original post where you posted a minview link you didn't have mining or exploration title layer selected and Nundle state Forrest appears all good.

 

[mbasko]

So if it's a fossicking district you don't need the el holders permission in a state Forrest?

In that original post where you posted a minview link you didn't have mining or exploration title layer selected and Nundle state Forrest appears all good.

Yes mate. In a Fossicking District you do not require the permission the EL holder, you do however still need permission of the landowner/land manager.
If it is in a Fossicking District, in a NSW State Forest (but not in an excluded or leased area) & you have a NSW State Forest Fossicking Permit, then yes, you can fossick in the allowable areas, even if there's an EL over the State Forest.

 

[JohnMcClane99]

Yes mate. In a Fossicking District you do not require the permission the EL holder, you do however still need permission of the landowner/land manager.
If it is in a Fossicking District, in a NSW State Forest (but not in an excluded or leased area) & you have a NSW State Forest Fossicking Permit, then yes, you can fossick in the allowable areas, even if there's an EL over the State Forest.

Thanks mate I'm getting my head around it. Slightly perplexing how they expect average Joe to go to this extent to be legal. Easy to see how people run into trouble with landowners.

Luckily up until now I've just stuck to state forests to avoid these issues since I didn't really understand the rules and havnt had any issues or run ins. I was gonna head back to dalmorton on this next trip but not sure now! Need to fire off some emails and find out who manages the Boyd river and banks along where everyone camps.