NSW Highbanking - what is the current state of play?

[user 4485]

MINING REGULATION 2016 - REG 12 Fossicking
12 Fossicking
(2) A person must not carry out work that includes any of the following activities for the purpose of fossicking:

(a) the use of any equipment other than hand-held implements on any land or waters that is subject to native title,

(b) the excavation or clearing of any land or waters that is subject to native title,

(c) the use ofpower-operated equipmentfor the purpose of surface disturbance, excavation or processing on any land,

(d) the use of explosives on any land,

Power Operated Equipment
"power-operated equipment"means any equipment powered by mechanical or electrical means.
(Metal detectors are considered hand-held not powered).

 

[Decoy]

cheers

I read section 12, but overlooked 12.3 with definition to:
Power-operated equipment means any equipment powered by mechanical or electrical means.

This regulation was introduced in 2017.
If you have the information on hand to save time.
Is there a supporting good will document outlining the reason for for the change?
Under what provision is a powered Metal Detector excluded from the definition?

 

[Pogo]

The metal detector is not for the purpose of surface disturbance, excavation or processing.

You use the detector to locate a target, then you use hand held implements to excavate.

 

[Goldtarget]

Some clever bloke will just strap a detector on a highbanker one day and call it a detector mod.

But seriously its not too hard to see what they want.

If it has electrics or a motor its not to be used. Everything else thats considered a hand tool is fine.

Im all for finding the grey area but its about as clear cut as it can be.

I cant point to a good will doc, however the reasoning is clear, NSW wanted pumps (in turn highbankers) to stop being used.

 

[Smoky bandit]

Just attach one of these to the highbanker.

 

[Decoy]

I was thinking more along the lines of a small recirculating sluice in a tub/bucket something like this.
Looking at what equipment to purchase/make.

 

[LONEWOLF]

They are still illegal as you are using powered equipment.... Battery and Solar power is also out... :|

But the pump Smokey put up is Ok... :Y:

LW....

 

[Decoy]

Technicality that hand pump would be out as its mechanically operated.
The use of yabi pump style dredgers would be out as well.

power-operated equipment means any equipment powered by mechanical or
electrical means.

Has anyone been inspected using a handpump or suspended bucket over a sluice and told it was ok in the past ?

I heard someone mention some kind of a loophole or something, anyone have any idea what that is about?

 

[Smoky bandit]

Hand pump is ok in QLD.It was inspected in use at Gympie GPA and was given the green light.
So was the yabby pump. :Y:

 

[Smoky bandit]

As long as the mechanical equipment is hand or foot powered you won't get a fine. :Y:

 

[Eldorado]

Just attach one of these to the highbanker.https://www.prospectingaustralia.com/forum/img/member-images/7289/1579048028_20200115_102203-1024x1241.jpg

What is this called Smoky and where do I get one?Link would be awesome.

 

[Smoky bandit]

Just attach one of these to the highbanker.https://www.prospectingaustralia.com/forum/img/member-images/7289/1579048028_20200115_102203-1024x1241.jpg

What is this called Smoky and where do I get one?Link would be awesome.

They are diaphragm pumps used for builge in boats mate.
They come in all sizes but you need one that pumps at around 80lpm if you want to move alot of dirt without working to hard.Sorry I'm at work and don't know how to post a link on my phone.

 

[Eldorado]

Thanks mate,I will do a bit of googling.

 

[Eldorado]

https://www.arnoldsboatshop.com.au/...MIoda1nNqE5wIV2ARyCh0rgAx_EAQYAiABEgImNvD_BwE
Only 47 Lpm this one though.

 

[Smoky bandit]

https://www.arnoldsboatshop.com.au/...MIoda1nNqE5wIV2ARyCh0rgAx_EAQYAiABEgImNvD_BwE
Only 47 Lpm this one though.

Yes I just posted the first one I could find.. the larger ones are about 85 to 105 and cost about $160 But they last for years and take alot of punishment.Yobskin had one on his rocker.

 

[Goldtarget]

Technicality that hand pump would be out as its mechanically operated.
The use of yabi pump style dredgers would be out as well.

power-operated equipment means any equipment powered by mechanical or
electrical means.

Has anyone been inspected using a handpump or suspended bucket over a sluice and told it was ok in the past ?

I heard someone mention some kind of a loophole or something, anyone have any idea what that is about?

Publically, as I mentioned its black and white mate, rules are rules, mention of loopholes, grey areas, and such wont change them. If you're aware of them and you decide not to follow them is entirely up to each person, just like having a drivers license.

I dont much care for any of their rules in NSW or here in Vic to be honest, but nor do I want any excuse for any further clamping down on honest prospectors. But what anyone else does is no concern of mine, you blokes up there can dredge your neighbours backyard or Sydney harbour on a Saturday afternoon if it floats your boat.

All Im getting at is anyone caught doing the wrong thing makes it harder for the bloke doing it the right way. What any given authority says about your activities on any given day is anyones guess.

Perfect example was 2 days ago banking in a creek and Old mate from Parks called in due to the fires being close by and had a chat. Never asked for my Miners right, and pointed me to other places outside the declared zones in the area, which I quickly pointed out. Stated he didnt mind, the old miners sluiced the hillsides upstream and the place was overgrown with braken and Blackberries so thick you could barely get in. So on the day, the designated authority had no problem will low impact prospecting outside the zone in an exempted waterway, but you never know how things are going to go.

 

[Digger58]

Wouldn't it be cool if there was a national set of rules and regs for everything rather than having to check all the different states.

 

[madtuna]

Technicality that hand pump would be out as its mechanically operated.
The use of yabi pump style dredgers would be out as well.

power-operated equipment means any equipment powered by mechanical or
electrical means.

Has anyone been inspected using a handpump or suspended bucket over a sluice and told it was ok in the past ?

I heard someone mention some kind of a loophole or something, anyone have any idea what that is about?

Publically, as I mentioned its black and white mate, rules are rules, mention of loopholes, grey areas, and such wont change them. If you're aware of them and you decide not to follow them is entirely up to each person, just like having a drivers license.

I dont much care for any of their rules in NSW or here in Vic to be honest, but nor do I want any excuse for any further clamping down on honest prospectors. But what anyone else does is no concern of mine, you blokes up there can dredge your neighbours backyard or Sydney harbour on a Saturday afternoon if it floats your boat.

All Im getting at is anyone caught doing the wrong thing makes it harder for the bloke doing it the right way. What any given authority says about your activities on any given day is anyones guess.

Perfect example was 2 days ago banking in a creek and Old mate from Parks called in due to the fires being close by and had a chat. Never asked for my Miners right, and pointed me to other places outside the declared zones in the area, which I quickly pointed out. Stated he didnt mind, the old miners sluiced the hillsides upstream and the place was overgrown with braken and Blackberries so thick you could barely get in. So on the day, the designated authority had no problem will low impact prospecting outside the zone in an exempted waterway, but you never know how things are going to go.

Getting him to admit that if you got sprung by another ranger would be a different matter too

 

[Decoy]

Wouldn't it be cool if there was a national set of rules and regs for everything rather than having to check all the different states.

Mate stop thinking sensibly.

 

[Decoy]

Hi OldGT
I was not looking at circumventing or flaunting grey areas of the law, I am looking at making and buying equipment and wanted to better understand what I could and could not do.
In the past I have found that you have an Act and regulation but the enforcing department sometimes interprets them to suit their agendas.