QLD Fossicking Laws!!!

[NAPFA]

Seems to be a head of steam in Queensland, but just talking about it won't help you. But it is a start.
Put in the effort and get organised and try to work to improve things with a single voice rather than tackling it personally. NAPFA has been going three years now - it has not been easy and while we have had some progress there is still a lot to achieve. But at least we are now inside the tent and able to talk as a representative body to the powers that be, including the politicians. You are more likely to get noticed, or get meetings with Ministers etc, if you are an organisation with many followers rather than individuals. Fossickers are fiercely independent and that counts against us -- as we are hard to organise and don't like to 'follow' unless it is to a good spot that someone is putting us onto...
PMAV has been at it for decades; PANDIANT for about six years, and APLA has been at it for over 100 years. By comparison NAPFA is still on training wheels but we are on the way.
How do you do it?? Organise a public meeting and take it from there. Set up a group, get commitment from members and supporters. There is clearly a wealth of knowledge within your ranks but to get effective outcomes you need to really figure out what it is you actually want and be prepared to put in a lot of time and effort to make a difference and articulate your needs and the community benefits that come from them.
The Petitions are a helpful start, but you need thousands of signatures to be noticed among all the other worthy causes and in some ways I am a bit sceptical about them. People sign them and think the job is done. But is just beginning. And ultimately you need to talk with and be persuasive with your pollies and bureaucrats. A State Election year is a good time to start.
I was born and bred in Mareeba (don't live there any more though) and I would like to do a lot more fossicking in Qld. So good luck!

cheers

Stephen
President
NSW&ACT Prospectors and Fossickers Association Inc

 

[user 7268]

I think the picture says it all .......................... to have to wear steel cap safety boots, hard hat, safety glasses and high vis vest just to stroll thru grass that could feed a herd of cattle for a month the mind boggles and I had no idea operating a metal detector could pose so many hazards ?
Over regulated ? Now why would anyone think that ? But then maybe that's the safety equipment required to operate the slasher required to get your coil to within 2 foot of the ground

 

[MikeB05]

Hey bogger can see the funny side of this...when I get to Deep Creek Fossicking area I will ignore the sign...where is the symbol/requirement to read English....not there.... oh well, cant comply If I cant read.

Seriously, some dude in Brissie probably earned $75K a year coming up with requirements for Deep Creek...what a load ( and not gold).

Going there Friday to meet up with some other members...will let everyone know if I am busted for non-conformance.

 

[user 7268]

Good luck to ya but aaaaaah they will get ya because that's why they have symbols so you don't need to be able to read LMAO The other funny side is a sign stating Conservation area with a back drop of a shipping container just doesn't work for me, but then I guess could be worse ................... they could have attached the sign to the container :8

 

[glot]

Unfortunately, it is not the property owners you should be targeting. It is Australian Law. We are destroying our own life style. There needs to be a severe overhaul of laws relating to liability. As a PCBU, each day I get out of bed, I ask will this be the day I go to jail. It's easier to just stop allowing people on to your property for any sort of fun. That sign is only the tip of the iceberg and really should have a lot more conditions of entry on it. Where is the assembly point? Where is the sign in register? Who is conducting the site safety presentation? Where is the first aid station?

 

[yobskin]

Hahahaha Ok you blokes that sign is for the guys/contractors whom slash and take care of the area...not for us prospectors.
Its work place health and saftey that put that there to cover councils behind.
Mind you it is a dangerous area all the same.... ive seen whipper snipper dudes run for there lifes after an 8foot local got angry and chased them...and have seen the aftermarth of the slashers missing blades... later found 50m away...turned projectile after coming in contact with a large rock....
There are natural and man made dangers enter at own risk...if your Captain risky take extreme care...lol :lol:

 

[cecc]

Oh really Yobs, I had my helmet, orange vest, safety glasses all ready......steel cap boot etc. hahah

 

[thelostprospector]

Hi guys and gals , this would be my first post, I am new to gold prospecting and seen the Wal high banker , now I'm a qldr and didn't realise we can't use these here before rushing out and building one , we have a week booked at glendon station out past Warwick soon and I rang them and asked if I can use a high banker , the answer was a firm hell yes, then I mentioned the pump and she was like sarcasticly.. 'well thats what a high banker is all about , so I'm going to take it there and give it a go whether there's water available there or not is a different story.

Also there is a guy who does classes on gpx use and panning out at Glendon and he has high bankers with electric pumps for sale on gumtree so I'm guessing they might be ok in qld I'm going to email him and see what his take is on it .
Happy hunting

 

[user 4485]

Have a read through this & make up your own mind:
https://www.prospectingaustralia.com/forum/viewtopic.php?id=18838

:lol:

I doubt people running a station that makes money from prospectors or a bloke selling pumps to prospectors will give you the full story? IMO It's more about what you're comfortable doing yourself. Have a read of the Qld rules/regs & make a decision. Personally I'd use one but maybe just not in a popular public or built up area where you might p155 someone off.

 

[MikeB05]

Hey Lostprospector,

Using a highbanker at Glendons park near Warwick is perfectly legal because it is privately owned land...you can do whatever you want on private land as long as the owner allows it. The courses that Bruce runs are also on private land so again no problem.

The issue is complex beyond private land.

Can only suggest you check the Act and Regs and satisfy yourself...then do what you think is right based on your own research not what others tell ya.

If yo do something and it's all legal and good...then OK...if you do something and it's not legal and you get pinged...at least then it's all on you.

Happy fossicking

 

[fossickingfreddy]

Hey Lostprospector,

Using a highbanker at Glendons park near Warwick is perfectly legal because it is privately owned land...you can do whatever you want on private land as long as the owner allows it. The courses that Bruce runs are also on private land so again no problem.

Hi Mike

What makes you say you can do whatever you like on private land?

When I read section 26 and 27 of the act it talks about the licensee's right to enter unoccupied and occupied land. You can't be a licensee without a licence and abiding by the rules attached to that licence.

Also section 25 says you must not fossick materials unless the person meets certain criteria. None of which are fossicking on private land.
I'd say you could fossick without a licence and use a highbanker etc if you were doing the sub section 2 things though. Which are fossicking on a claim or lease with permission or by payment

 

[MikeB05]

Couple of things...I make no assumptions whether or not someone holds a licence to Fossick. That was not part of any discussion up to this point.

I was responding to the statement posted earlier about Glendons where the writer said " I rang them and asked if I can use a high banker , the answer was a firm hell yes".

I specifically mentioned Glendons as it is private property and I also said you can fossick (implying holding a fossicking licence) on private land 'as long as the owner allows it'..

The Fossicking Licence I hold has a section on its reverse side called Permissions to access Land that says " Licence holders are required to gain permission of landowner/permit holder before entering a property'.

There is a whole separate argument about whether highbanking is legal or not... I'm not going there, other than to say I have personally spoken to Qld Dept and I know what they told me.

Others should satisfy themselves about the Act and Regs and what they mean.

Interesting too..... If you want to get around the problems with 'fossicking'....a property owner might get away with allowing someone on to their property to undertake 'landscaping' and allow them to use whatever landscaping tools they had at their disposal.

 

[fossickingfreddy]

I was just pointing out that just because it is done on private property it is still illegal but I'm not against out of sight out of mind on private property with permission

 

[yobskin]

Hahahahaha

 

[glot]

Qld has actually got fairly fossicker friendly laws compared to some countries like NZ or Canada. The trouble is, the Fossicking Act was written way back to solve a problem out the gemfields and central goldfields. People needed a prospector's license even if they were just a family on holidays. However, it ignored all other aspects of the hobby. The Act does not allow the use of a gold pan, as one example.The DNRM understands what the intention of the Act is and tends to interpret it that way. However, in a court none of that would stand up. Just don't upset anyone. If they lodge an official complaint, the DNRM has to investigate and enforce the Act. This also goes for people openly breaking the laws and posting it on you tube or where ever. Rubbing it in the DNRM's face. One commercial tour operator is good at that. What makes it difficult is, I can ask 5 people in the DNRM the same question and get 5 different answers.
One thing that is VERY clear. No mechanical devices can be used for the recovery of minerals etc unless on a mining lease.

I would love to see powered sluices allowed with a number of restrictions. Only one per fossicking license. Not able to discharge back in to the water way. A limit of the pump size and exhaust noise level. The idea of a fossicking license is to make it easy for a family to fossick. Now days, small powered sluices are well with in the limits of a family fossicking operation.

 

[thelostprospector]

Thanks for the replies I was thinking maybe they hold a miners rightzlicence /permit claim whatever it is , which would cover anyone "mining" their property
any way if I can source this angled expanded mesh in the next few days I'll take the walbanker out
I'll be sure to get an answer and post it up here
Cheers benny

 

[MikeB05]

Benny...enjoy Glendons...it's a great spot... and just do some 'landscaping' LOL

 

[thelostprospector]

Benny...enjoy Glendons...it's a great spot... and just do some 'landscaping' LOL

Cheers mikeb05 , landscaping it is then , I have been out a few times prior but for dirtbiking , a different form of "landscaping" next minute I buy an garret at pro then find some stuff ,then all of a sudden it has gold fever , purchased a fisher gb2 went to CLERMONT and found f/a had great time tho couple good relics met some grey nomads who are now great friends, then found WALNLIZ channel on YouTube then makes a high banker before thinking about all this b/s then ends up here writing this post .... Soz for the life story but sundy seshes at mine are next level

 

[bundyjd]

Just spotted this:

On here: https://www.facebook.com/groups/231551003904016/permalink/297856390606810/

If they can get the law better defined in NSW it might be a good thing for Qld a bit further down the line....

 

[jimmyd]

Hi,

are there any updates on this?

i have only just started fossicking, i just bought a sluice, i wet to Gympie yesterday, to try it out
and ran into a couple of guys who said the sluice was illegal. after a quick search i found this thread.

now after reading through here, and the fossicking act, i seem to think sluices ( and probably highbankers) would be ok.
this is the acts own definition of fossicking.

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.
(2)However, a person does not fossick merely because the person picks up a specimen of fossicking material the person finds by chance when doing something other than fossicking.

now, going by the acts own definition, doesn't 'fossicking' end at collection?
how we choose to clean our 'fossicking materials' does not seem to covered (from what i have seen so far).

anyway, just a thought

what do you guys think?

cheers

Jimmy

P.S great site

*edit

sorry, found a few other threads that go over this