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What actually is the reason certain areas are "prohibited"

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TomStatic97

Joined
May 30, 2023
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After going through the banned creeks and streams list online, it seems like there are more places you're not allowed to prospect than you are. What is the reasoning for a place to be prohibited? Geovic shows a pretty interesting area just in Hepburn,
1685457445945.png
However upon looking at the list, "Spring Creek" is prohibited! Dang!
But an offshoot of Spring Creek, Womans Gully located just off Golden Springs Avenue and on the Dry Diggings Track, does not appear on this list. So by that example, if I were to prospect a few metres too far at that split in the gully, I'd be in trouble?
Perhaps the historic lead underneath the ground is the reason? I would imagine there'd be a wildlife/flora aspect to it as well, but I don't imagine little old me with a shovel and a small gold pan will cause irreparable damage to anything.
 
grubstake said:
Another reason is that too many ancient alluvial workings in creeks and rivers contain highly dangerous mercury residues, which are best left undisturbed. Back in the day mercury was carelessly used to recover fine gold, but this practice has left an enduring, very hazardous legacy.
Click to expand...
That makes sense, considering there's a health alert for trailings in Hepburn. Something about hazardous heavy metals, so I think you're on the money!

Though surely not everything on the list is related to that, some of them seem a bit too suspicious- like my above example- where a spot could be worthwhile but it's prohibited... Oh well.
 
This happens when the Powers to be forced everyone with a Dredge into half a dozen creeks/rivers... They smashed those rivers/creeks to the extent that there was just nothing left alive... Now dredging has been banned, they still kept the old dredging areas for the prospector of today...

LW....
 
LONEWOLF said:
This happens when the Powers to be forced everyone with a Dredge into half a dozen creeks/rivers... They smashed those rivers/creeks to the extent that there was just nothing left alive... Now dredging has been banned, they still kept the old dredging areas for the prospector of today...

LW....
Click to expand...
Considering the average guy today has no more than a shovel and a pan, would it be too far-fetched for them to step back and open more locations, granted they were safe to do so?
 
TomStatic97 said:
After going through the banned creeks and streams list online, it seems like there are more places you're not allowed to prospect than you are. What is the reasoning for a place to be prohibited? Geovic shows a pretty interesting area just in Hepburn,

However upon looking at the list, "Spring Creek" is prohibited! Dang!
But an offshoot of Spring Creek, Womans Gully located just off Golden Springs Avenue and on the Dry Diggings Track, does not appear on this list. So by that example, if I were to prospect a few metres too far at that split in the gully, I'd be in trouble?
Perhaps the historic lead underneath the ground is the reason? I would imagine there'd be a wildlife/flora aspect to it as well, but I don't imagine little old me with a shovel and a small gold pan will cause irreparable damage to anything.
Click to expand...
I've posted on this perennial topic on a number of times previously, and the reason for the exemption is not what you think it is, and you have to go back to the original legislation circa 1870's to understand its original intention and recognise how it's since been skewed in our times for another purpose.

As I understand it, in the Colony of Victoria the original provisions of the "Miners Right" allowed the holder to peg a "Miners Right claim", and to occupy that claim, meaning that he could erect a tent or throw up a humpy and live and work on his claim. This lead over time to a haphazard string of shanty type settlements springing up alongside watercourses. The colonial government seeking to encourage permanent settlement set about to survey and gazette townships and followed up with enabling legislation "exempting" certain rivers and streams from occupation under the provisions of the Miners Right, and this was to enforce centralised settlement. You will see on many old town and parish maps in Victoria on land within the town boundary that is adjacent to watercourses for so many yards, chains, or links on either side, is designated as "reserved for Public Purposes". Fast forward 160 years or so and the original legislation with amendments has thru time become a useful instrument for the control of water quality , land management, fisheries, and forest management purposes etc. For example early 20th century amendments were directed to Sludge Control. Sludge from alluvial (placer) workings and hard-rock mining flowed into rivers across the colony causing significant damage and disruption to downstream communities. The anti-sludge legislation held the mining industry responsible for its own pollution and required gold miners to return clean water to river systems.

casper
 
Jaros said:
I have a sneaky feeling that there is more to it than protecting sacred land and relics---that's just me......
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Some years ago sections of the Brindabellas were put off limits for no other reason than that the authorities could not agree on a system of control.There were no problems arising out of bushwalking and skiing, it was just that we were being reminded who was in charge.
It reminded me of a bumper sticker I read. "Gun control isn't about guns. it is about control."
I too have a sneaky feeling that the closure of fossicking areas is just another example of Big Sibling flexing his or her muscles.
 
grubstake said:
Another reason is that too many ancient alluvial workings in creeks and rivers contain highly dangerous mercury residues, which are best left undisturbed. Back in the day mercury was carelessly used to recover fine gold, but this practice has left an enduring, very hazardous legacy.
Click to expand...
There are sharks in the oceans around us. They could ban swimming.. We are having the sense of adventure legislated out of us.
 

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