Transporting dirt legality victoria

[moonspud]

Hi guys

Could someone give some clarification on the legality of removing dirt from a creek bed to sluice elsewhere. Ive tried googling but cant find any info

Im currently digging loads from a dry creek and transporting to a nearby dam to process through my trommel. Im also bringing my tailings back. I had a nearby land owner come for a chat and he was saying that a few months back DSE grabbed some guys taking ute loads of buckets and told them that you are not allowed to remove any material from the creek.

Is there any truth to this or is he talking s**t?

 

[user 1769]

It depends on your particular legislation and regulations, I'm not familiar with the Victorian laws.
Down here in Tasmania there is a limit on how much material you can take with you when you fossick or prospect. Uteloads of dirt would be definitely above the limit. But to say that you're not allowed to take ANY material from the creek is wrong. You're taking material when you take the gold or concentrates that you've prospected.

 

[AtomRat]

Id also like some clarity on this subject as well.

 

[Jaros]

It looks like we are in some "muddy water" here ????
Jaros

 

[Bazz]

Hey guys
mf makes a good point, I think you are restricted to a set space to sluice from so a ute load is a bit rich..........

My personal experience with the rangers is that most of them are as confused as I am

I would take some time to visit your local sustainability office and talk to the rangers, I found it very helpful and surprise surprise I made some helpful contacts, anyway just saying!!!!!!

You can have a very informative conversation without revealing anything

Good luck

 

[TheSilentBugler]

(2A) If the holder of a miners right is validly on any land under this section, he or she may remove from the land any minerals discovered by him or her on the land

(2) The holder of a miners right must repair any damage to the land arising out of the search:

(c) Remove or damage any tree or shrub on the land;

Three parts of the terms and conditions seem relevant.

Depends on how you define damage, I for one think removing truckloads of dirt may be defined as damage, moreso than processing and filling your holes back up with tailings. Has it been through the courts? NFI.

 

[moonspud]

Hmm I cant find anything about a limit for vic. But I really dont want to get on the wrong side of DSE

To give you an idea of how much dirt id like to take if I could

 

[TheSilentBugler]

Ask the DSE, see if the story you were told is legit, might be pure bs.

 

[G0lddigg@]

the rules are quite clear on this actually, (sorry edit for Victoria )you can collect as many minerals as you like under your mineral prospecting license, if the minerals where all being used that were in the buckets then yes you could, the same way that if you are crushing quarts the mineral you are collecting is silica.

Collecting buckets of dirt to run elsewhere unfortunately is not within the license and carrying off buckets of non concentrated minerals is certainly looked down upon.

Think DSE's point of view for one minute, their job is to maintain the ecosystem and look after the land, you are essentially taking the land away and not bringing anything back. I'm sure you can see why they are not happy wit that.

the section of the act thats relevant here and i encourage you to read about your rights and responsibilities is
"You must repair any damage to the land arising out of the search or you will face prosecution"

Digging a big hole and taking the dirt away and not filling the hole in is bad business for everyone.

 

[moonspud]

So as I said im catching and bringing the tailings back so I dont make a mess of the dam. Thus also giving me material to put back in the hole.

So I'm just temporarily removing the gravel and giving it a wash.......maybe? Or do I still not have a leg to stand on?

 

[TheSilentBugler]

FYI

value of a penalty unit is $147.61.

50 penalty units if you damage the land.

100 penalty units if you damage a tree ir shrub.

Just sayin,

 

[moonspud]

I understand the penalty for damaging the land.

I guess the main fuzzy point is moving the dirt from a dry creek any different from working on the bank of a wet one?

 

[G0lddigg@]

its like anything mate, fix up the era you are working and make sure it doesn;t look like crap and you'll be right. carting off a trailer with buckets no no

 

[moonspud]

Ive thought about making a pond by putting a tarp in one of the holes and bring some water back. Not sure how well laying a tarp in the trailer and putting a couple of hundred litres would work? Im gunna have to keep my eye out for some drums

 

[TheSilentBugler]

You want an IBC.

Could pick one up under a hundred bucks, just make sure it didn't contain anything too nasty.

 

[Chewy]

[video=480,360]https://youtu.be/ZBEmjdL1VRs[/video]
Summernats style.

 

[Jaros]

What do you think that would weigh-just for interests sake??
Jaros

 

[TheSilentBugler]

Tonne per m3, so guesssing about a tonne.

 

[Chewy]

See it all the time at the summernats in Canberra. They fill it up and cruise around the track while the rest of the group are in the pool.

 

[Guest]

apologies for the first time post - will provide intro later. the Mining Act is vague however, the definition of search under the act covers what you are after:

Mineral Resources Development Act 1990 3-28/6/97
"search" means search for minerals using no equipment for the purposes of excavation other than non-mechanical hand tools;

so, what the Rangers are interpreting is that by using (searching) with a mechanical device as per your photo on Crown Land, you are not using non-mechanical hand tools. The next question becomes that if you take the dirt off site, this is in contravention of back filling 'as soon as practical'. Who defines practical? They do. Also, there is reference to a 'simple' sluice being OK. Who defines 'simple'? They do.

I would ring the PMAV or DEPI and try and get an answer.