Using a dredge in Australia for recreational prospecting is illegal - information and questions

[bsa1929]

Is this an accepted form of gold getting in NSW ? I ask because I cannot find any evidence of anyone being caught and dealt with by the Law Let alone being prosecuted or any evidence of any court records or anything .
I challenge anyone to dig up some dirt on this matter because I am suspicious that it is not infact ILLEGAL .

Where in the act does it state that it is illegal ? Yes thats right it doesn't And that explains why no one has ever been done for it .

Cheers Have a nice day

 

[Ben78]

Page 2

http://www.resources.nsw.gov.au/__d.../A-Guide-to-Fossicking-in-New-South-Wales.PDF

 

[Marked]

page 3 of the link in previous post:

Neither explosives nor dredges can be used in fossicking

 

[Ben78]

And for the regs

http://www.austlii.edu.au/au/legis/nsw/consol_reg/mr2010172/s12.html

12 (2)(c) the use of power-operated equipment for the purpose of surface disturbance, excavation or processing on any land.

I guess you could go with a siphon operated dredge based on the act/regs...

 

[bsa1929]

Hi guys
It appears to be pretty clear cut on that web page , but in reality there are lots of people out there doing this and getting away with it coupled with the fact that there is no evidence I can find of anyone ever being charged for using a dredge .
Is this because the offence is not actually in the using of the dredge? but more the environmental damage caused by the dredge ?

Please help me find evidence of a conviction

 

[Guest]

The Fisheries Management Act states:
(1) This Act appliesa) in relation to all waters that are within the limits of the State.

Under section 7 you require a permit as per below. Good luck with that - under this Act inspectors also have powers of siezure of equipment used in relation to fisheries offences like cars, boats, dredges etc.

http://www.dpi.nsw.gov.au/fisheries/habitat/protecting-habitats/activities-requiring-a-permit

The NSW Fossicking Guidelines, although not specifically law but based on various legislation, also states:
No explosives or dredges may be used for fossicking!

Be aware that there is more than one piece of legislation that affects what we can/can't do.

 

[bsa1929]

It sounds serious , lots of big threats of seizures and fines but no evidence of anyone ever having them dished out . Why is that ?
Courts have records for everything so why can't I find any evidence of anyone ever being dragged through the courts for dredging ?

 

[farmeroz]

There can always be a first ... let us know how you go lol

 

[richo966]

people are looking for the chance to get people in trouble don't give any green idiot the chance to hurt us

 

[G0lddigg@]

hey bsa1929

I think if you really do some research you will find many records on this issue. are there people dredging hell yes. are people being fined and loosing equipment absolutely, I know an old fella who did his time on the dredge he paid fir his house and land he reckons he madevover $400k in four years when he got cought they fined him $10k took his truck dredge and everything in it. he has no regrets.

down in victoria most people get there names taken and told to move on, its mostly dse who police prospecting and tgey dont really have any power to sieze or arrest. still illegal though aus wide

 

[Marked]

The reason dredges were outlawed was due to the massive environmental impact every man and his dog was causing.

The use of said dredges also enabled the average Joe to turn a "hobby" or "recreational activity" into a very real money making venture at the expense of those simply seeking to have an interesting and healthy hobby by removing much of the gold from accessible areas.

Should too many people decide to flout the rules and start using dredges once more, especially seeing as how "green-aware" society has become, prospecting as a whole for anyone will run the risk of being removed as a possible past-time, or at the least be confined to smaller and smaller areas.

Discussing whether those using dredges are prosecuted for "using a dredge" or prosecuted for "severe environmental damage" is therefore a rather pointless exercise; a view I am sure most on this forum would share as responsible practitioners of the past-time.

 

[HeadsUp]

the legislation is perfectly clear

i am not prepared to risk it , for the damage it would do to me and the risk that current activities could get banned as a result

tread gently IMO

 

[BrisJoe]

Theoretical here, if I have my own claim etc and decide to use a dredge, but in a closed dam on the property, so not effecting any natural water bodies etc thus not causing an environmental impack as the water is just recycled from the same closed water hole(man made dam) would they overlook the ban in this instance?

 

[Marked]

Theoretical here, if I have my own claim etc and decide to use a dredge, but in a closed dam on the property, so not effecting any natural water bodies etc thus not causing an environmental impack as the water is just recycled from the same closed water hole(man made dam) would they overlook the ban in this instance?

Here we are talking two different beasts - Fossicking/prospecting as a hobby and running a mining Claim. Laws are different for both. Keep in mind that there are usually requirements for rehabilitation of the land after any mining takes place.

 

[HeadsUp]

Theoretical here, if I have my own claim etc and decide to use a dredge, but in a closed dam on the property, so not effecting any natural water bodies etc thus not causing an environmental impack as the water is just recycled from the same closed water hole(man made dam) would they overlook the ban in this instance?

thats a question that lawyers and QC's could argue about for a month before getting an outcome that none of us here can predict

50 : 50

the question itself is not a bad thing , its the $ 80,000 that lawyers would charge before the outcome is delivered that would hurt

 

[BrisJoe]

Legal Aid here I come lol

 

[Wintersnake]

The way I understand it Joe that is a mining lease situation. It also sounds like your are running a tailings dam, pretty standard stuff in a commercial outfit.

But for instance if you just want to "expand" your dam with an excavator and all that dirt found it's way into a trommel & Sluice....... You will only need a permit from your local water authority.

 

[Ramjet]

Found this Syphon Dredge on YouTube.
I know of a guy who does a similar thing on his own land but feeds the contents through a sluice.

 

[Rastys 1964]

I wonder where this sit in relation to Australian laws? No outside power source, no mechanical means of processing or moving gravel. What a very interesting concept. Might just need to call it a Round Gravity sluice!!!!

Richard

 

[calala]

I believe its called hydraulic sluicing and illegal. sorry. 8.(