So what does this actually mean (Victoria).

[Teemore]

Certainly don't want to ask this question anywhere "official" .... might not like the answer.

So, what does "by the order except for occupation for prospecting or mining purposes under any miner's right ...... etc etc" really mean. Under a title "Exception of Land Pursuant to Mines Act 1958", my worst assumption is that prospecting is a big NO NO.

When referring to rivers/creeks you CAN'T prospect in the say they're exempted, is excepted the same thing???

Other issue I suppose is that the Mines Act 1958 has been "repealed" and replaced.

Talk about a minefield of f'n legalese .... remind me not to check on places before I head out again, ignorance is bliss.

 

[Simmo]

Really need to see the sentence in context to comment IMHO mate?

 

[Teemore]

Really need to see the sentence in context to comment IMHO mate?

If you think it makes a difference .......

 

[Simmo]

Hmm OK mate, in my view.
A miners right in it's originality gave the miner some awesome rights back in the day in Victoria.
This here appears to be that there is an exception under the act, the Governor in this instance is exercising his right to impose conditions on a certain area.??

 

[mbasko]

Other issue I suppose is that the Mines Act 1958 has been "repealed" and replaced.

That's the biggest issue. It's no longer relevant & doesn't mean anything now.
Current Victorian Acts & Regs https://earthresources.vic.gov.au/legislation-and-regulations/legislation

 

[casper]

Hmm OK mate, in my view.
A miners right in it's originality gave the miner some awesome rights back in the day in Victoria.
This here appears to be that there is an exception under the act, the Governor in this instance is exercising his right to impose conditions on a certain area.??

Exactly !! you've got it in a nutshell.......I have commented a few times on this perennial subject. GoldRats example is yet another amendment to the original Act which was made in a time when the pursuit of gold was king. This 1958 amendment announces to holders of Miner's Rights that they have "no rights" at the Wild Dog Creek / Diggings, meaning that the location was "exempted" from occupation under the terms of the Miners Right. The key to understanding this is the "legal" definition of occupation.

 

[casper]

That's the biggest issue. It's no longer relevant & doesn't mean anything now.
Current Victorian Acts & Regs https://earthresources.vic.gov.au/legislation-and-regulations/legislation

Yes, and it's pleasing to see that they've dropped the confusing "List of Exempted Rivers and Streams" and have rewitten it in plain English as "Rivers and Streams where you can't Fossick"