Straight answer - can you use a sluice in Western Australia YES or NO

[Phish1]

can someone tell me straight if a sluice can be operated in Western Australia,

don't care about lack of water, just the question to be answered PLEASE.

 

[Jaros]

Try introducing yourself and you might get an answer !! Not a good start mate.

 

[Ramjet]

Maybe

 

[Swinging & digging]

can someone tell me straight if a sluice can be operated in Western Australia,

don't care about lack of water, just the question to be answered PLEASE.

You need water to sluice, in the goldfields of WA water is more valuable than gold, you would be better off dry blowing to recover gold or you could always use a detector?

 

[DropBear]

You can and you can't... depends

 

[DigginForGold]

Maybe try this link first before you think about the legalities of a sluice in WA: https://goo.gl/dIrD9I

 

[madhatter]

Yes!

NO!!

Maybe!!! :8

Try doing a little research for yourself maybe??
It cant be that much of an elusive answer you are seeking!!

 

[madhatter]

Maybe try this link first before you think about the legalities of a sluice in WA: https://goo.gl/dIrD9I

:lol:

Well played "PotOfGold"

 

[user 4485]

Here's a straight answer. Go straight to the WA Mines Dept. & ask them directly!
http://www.dmp.wa.gov.au/Utilities/Offices-and-locations-8323.aspx

 

[DigginForGold]

I just assumed the OP was asking if its legal to use. I dont know the answer to that so I cant be of any help. But now that I re read the post I see that it doesnt mention any such thing. Just "if a sluice can be operated in WA". So I'll answer that: Yes. A sluice can be operated in WA. The laws of physics work the same way whether youre in Victora, WA on even on the other side of the planet, believe it or not. Sorry for not giving you a straight answer right away. Welcome to the forum haha sigh

 

[Jaros]

I'm diggin' in the rain!!!
https://youtu.be/D1ZYhVpdXbQ

 

[Tathradj]

Here you go.
Answer is there.
https://www.google.com.au/search?q=...firefox-b&gfe_rd=cr&ei=qMfbV-zRMaru8wek76LAAQ

 

[Westaus]

Here's a straight answer. Go straight to the WA Mines Dept. & ask them directly!
http://www.dmp.wa.gov.au/Utilities/Offices-and-locations-8323.aspx

Yup

Here you go.
Answer is there.
https://www.google.com.au/search?q=...firefox-b&gfe_rd=cr&ei=qMfbV-zRMaru8wek76LAAQ

Damned if I can find it 8.(

However there was some other good links, which I have looked at so thanks

If I was to interpret it I am going to say "No" with also that it may go against the below provisions -

A-It must not contravene the Conservation and Land Management Act 1984
B-Must not contravene Part IIA - Permits under section 40E part 4O of the Mining Regulations 1981
C-Part V Division 3A-Fossicking R74A(1) "The holder a miner's right may fossick by means of HAND tools only"
D-Interestingly as above R74A(2) The Holder of a miner's right shall NOT fossick by means of a METAL DETECTOR, machinery or machine assorted tools, including vehicle drawn scrapers, graders and similar tool, on ANY land.
NB: They do not provide a definition of Fossick/ing in the Regulations, so how do you determine this?

It is however mentioned in the Mining Act 1978
Fossick - means to search for, extract and remove rock, ore or minerals, other than gold or diamonds (phew), in quantities not exceeding the prescribed amount and by means prohibited under the regulations, as samples or specimens for the purpose of a mineral collection, lapidary work or hobby interest;
E-Mining Act 1978 PIII Division 1 S20(5) parts (a) - (g)

The word sluice is never used (Dredging is, but has been illegal since the new Act) however there is a little clause that many not have noticed. For those that have taken the time to read the Act and Regs.

Permits under section 40E Part IIA r.4O Prohibition of use of certain hand tools
(1) A permit holder is NOT to use powered or Hydraulically driven hand tools on the land the subject of the permit.
(2) A person who contravenes subregulation (1) commits an offence.

To me a Sluice is a Hydraulic tool, water is the mechanism that makes it work? Which then could also be interpreted that a pan was also hydraulic? See why a straight Yes or No is too damn hard.

I still could not say with certainty either way................ 8.(

 

[Tathradj]

Yep.
it is not how the law is written, It is how it is interpreted.
Actually a sluice is defined as a static device.
A sluice utilizes gravity and water flow to classify and separate a medium. It has no mechanical components.
The line below is the clincher here in NSW, A pump is a mechanical device yet the water
act allows for prospecting.
Power-operated equipment cannot be used on land or in waters for surface disturbance, excavation or
processing. Power operated equipment includes mechanical, hydraulic, pneumatic, battery and
electrical equipment or machinery.

 

[casper]

Here's a straight answer. Go straight to the WA Mines Dept. & ask them directly!
http://www.dmp.wa.gov.au/Utilities/Offices-and-locations-8323.aspx

Yup

Here you go.
Answer is there.
https://www.google.com.au/search?q=...firefox-b&gfe_rd=cr&ei=qMfbV-zRMaru8wek76LAAQ

Damned if I can find it 8.(

However there was some other good links, which I have looked at so thanks

If I was to interpret it I am going to say "No" with also that it may go against the below provisions -

A-It must not contravene the Conservation and Land Management Act 1984
B-Must not contravene Part IIA - Permits under section 40E part 4O of the Mining Regulations 1981
C-Part V Division 3A-Fossicking R74A(1) "The holder a miner's right may fossick by means of HAND tools only"
D-Interestingly as above R74A(2) The Holder of a miner's right shall NOT fossick by means of a METAL DETECTOR, machinery or machine assorted tools, including vehicle drawn scrapers, graders and similar tool, on ANY land.
NB: They do not provide a definition of Fossick/ing in the Regulations, so how do you determine this?

It is however mentioned in the Mining Act 1978
Fossick - means to search for, extract and remove rock, ore or minerals, other than gold or diamonds (phew), in quantities not exceeding the prescribed amount and by means prohibited under the regulations, as samples or specimens for the purpose of a mineral collection, lapidary work or hobby interest;
E-Mining Act 1978 PIII Division 1 S20(5) parts (a) - (g)

The word sluice is never used (Dredging is, but has been illegal since the new Act) however there is a little clause that many not have noticed. For those that have taken the time to read the Act and Regs.

Permits under section 40E Part IIA r.4O Prohibition of use of certain hand tools
(1) A permit holder is NOT to use powered or Hydraulically driven hand tools on the land the subject of the permit.
(2) A person who contravenes subregulation (1) commits an offence.

To me a Sluice is a Hydraulic tool, water is the mechanism that makes it work? Which then could also be interpreted that a pan was also hydraulic? See why a straight Yes or No is too damn hard.

I still could not say with certainty either way................ 8.(

the first things that came to my mind when reading "Hydraulically driven hand tools" was an eductor dredge but then again also consider the humble car bottle jack and then a potra power and then the hydraulic press in my garage that i could use to crush my quartz samples - confusing for sure.

casper

 

[Westaus]

Yep.
it is not how the law is written, It is how it is interpreted.
Actually a sluice is defined as a static device.
A sluice utilizes gravity and water flow to classify and separate a medium. It has no mechanical components.
The line below is the clincher here in NSW, A pump is a mechanical device yet the water
act allows for prospecting.
Power-operated equipment cannot be used on land or in waters for surface disturbance, excavation or
processing. Power operated equipment includes mechanical, hydraulic, pneumatic, battery and
electrical equipment or machinery.

Agree it is the Intention of the law, in reading what I see was new technology, Metal Detectors and they wanted to remove dredging.

I do not believe the goal was to get rid of Sluicing!

Also the regulations state that it is an offence not to re-fill holes, if property, livestock or person is inured and can be proven it was your hole (yeah I know long shot) but it is possible to be prosecuted it is an offence.