Fossicking - Rules and Regulations

[Aussie Sapphire]

The rules and regulations vary from state to state so below is a handy list of links to help you do the right thing when chasing that next big find.

IMPORTANT:  Information presented is a guide only so please confirm yourself to make sure of compliance.

New South Wales:  Generally you do NOT need a licence to go fossicking in NSW except for State Forests - you will need a permit to fossick in some of these.  You DO need permission from the landowner before accessing and working on any land.  You cannot fossick on any land that is covered by a mining lease.

General information on fossicking can be found here.

To check on fossicking in State Forests, you need to check with the relevant district office of Forests NSW.  Permits cost $22.  More information here.

Queensland:  You do need a fossicking licence - cost is reasonable and start from $6.50 for 1 month.
Licences can be purchased online here.

More information on Fossicking in Queensland here:
http://www.qld.gov.au/recreation/activities/fossicking/
http://www.qld.gov.au/recreation/activities/fossicking/licences-permits/purchase/
https://www.qld.gov.au/recreation/activities/fossicking/rules/

Victoria:   You DO need a licence or Miner's Right to go fossicking or prospecting in Victoria.
These can be purchased online here and are currently around $17.50 for 10 years.
 
More information can be found here:
http://www.energyandresources.vic.gov.au/earth-resources/recreational-prospecting-and-fossicking
FAQ about Miners Rights


Tasmania:  You do need a licence to go fossicking in Tasmania if you are working outside the designated fossicking areas.  Not needed if you remain within the designated areas.

See here for more information on Fossicking Areas in Tasmania.

South Australia:   You do NOT need a licence to fossick within South Australia.  You DO need permission from the landowner.

See below for more information:
Fossicking FAQ - South Australia
Gold Deposits and Fossicking areas in South Australia

Western Australia:  You do need a licence or Miner's Right to go fossicking or prospecting in Western Australia.
See here for more information on the Miner's Right or download the application form here.

Northern Territory:  You do not need a licence or Fossickers Permit to work in the Northern Territory but you do need permission and land tenure can be a bit complex in the NT.  See the links below for more info.

More information here:
http://www.nt.gov.au/d/fossicking/
http://www.nt.gov.au/d/fossicking/faqs.cfm#faq1



Making this topic a sticky to help out new fossickers.   Please reply below if you would like to add or correct anything.

cheers
Leah

[drft_er]

Gday Leah,
I dont know if you can answer this if not maybe someone else can.
I understand that you need Fossickers licence on Designated fossicking areas But what if you are just out looking for new prospects out of these areas? Is there any requirement to have one or is there any legislatin to cover this. I know that it is required to get the landowners permission but other than that is anything else required?
Cheers

[diesel]

Maybe I can answer that for you as it was a question I put to the mines dept in Emerald a few years back.

"Do I need a permit or licence of any description to carry out exploration survey for fossicking or mining activities?'

Their answer at the time was 'no, provided I do not carry out any digging or removal of resource and that I have land owners permission as required'. I asked if specking was regarded as removal of resource and their answer was 'technically speaking, yes - specking is removal, but it is one of those breaches we turn a blind eye to'

Bear in mind, this only applies to QLD and I don't know how things are in other states.

diesel

[Bluey Zarzoff]

For Queensland, you can find the actual legislation at the following:

The 2 pieces of legislation are called the Fossickers Act and the Fossikers Regulation; they can be found at http://www.legislation.qld.gov.au

Strictly speaking, you require a fossikers licence if you go looking for gemstones and minerals, whether you dig or spec, anywhere in Queensland, whether in DFL's, road reserves, private property, etc.

As diesel mentioned, they usually ignore this requirement if you are not digging, just speccing. BUT, all it takes is one smart a-- young up and comer inspector to put the mocker on your speccing.

[Capt. Mendoza]

I'm sure the young inspector is going to say,
"Is that a 100 carat topaz in your pocket or are you just pleased to see me?"   

[MexTom]

Hello, new to this forum here. Fosicked a  few years in NSW when on holiday here. Today (after discovering this forum last night), went for a trip to Albury. Top of Prune St, where someone o this forum said an abandoned quarry is-looking for Beryl (or anything in a pan). Wasn't sure where to go exactly, ended up looking in the creek just literally a few meters after the end of the road. Found nothing, & then- just packing up (after a few hours, say 3, panning).

Then a Ranger turns up, says 'do you have a permit'. I was under impression that permit not needed in NSW. He then says "Albury is a 'no go area' for fossicking." (I quote).

We are just visiting from England anyway on holidays for few months, met some great fossickers around here, but this was all news to us, as Albury is still in NSW! There is also no indication that the land is private anywhere, no notices were evident, no fences were crossed, (the van was parked on grass side of creek)..nor can I discover any evidence it was part of a state forest (where permits are needed). Maybe it is -I dont know but it's bloody poorly signed if true (*not* signposted as being State Forest in fact).

Anyway, the  ranger told us to leave, (but to credit him, he didnt seem to pursue anything than that, nor was 'nasty' in any way)...but:
Anyone know the real official legal situation here or corroborate the Rangers statements?
*Is* Albury a special case in NSW?
Is the top of Prune st in Albury the start of a state forest?
Or are 'rules being made up' by some people as they go along ?
(We arent going back there as we didnt find owt there anyway..but nice to know the facts here if anyone can help...I was staggered with what the Ranger said)

Cheers if anyone can advise us..
..Tom

[Wwoofa]

Hi Tom,
To fossick in State Forests you need a fossicking permit from the local Forestry office.  Once you have that then I think you can fossick anywhere in that area.  I don't think there are any "no go" areas in the forests.  I had a look on Google Earth and there does seem to be a quarry nearby and where you were may be the start of a state forest.  To be sure you'd have to call the local office.
Regards, Paul

[Jamo]

Can anyone please tel me what the rules are in NSW in regards to creeks that run through properties. Are they crown land where one can fossick or are hey treated as private property?
Thanks
Jamo

[mehoose]

You are talking private property aren't you? Like your backyard? You say through meaning not boundary.

[Jamo]

Yeah, private property. Here in Vic some of the creeks are crown land & there's no prob's with fossicking. Other creeks are a bit iffy. Some claim you are ok to fossick, others say no way.

[Jimnyjerry]

Can anyone please tel me what the rules are in NSW in regards to creeks that run through properties. Are they crown land where one can fossick or are hey treated as private property?
Thanks
Jamo

private

[Findem]

Absolutely.

[Taz]

I did a lot of chasing on this quite a while ago now (particularly NSW) so I no longer have the reference links.  Waterways are Crown Land, however where that waterway passes through private property you are only permitted to travel on the waterway as long as you don't anchor your boat or set foot on the banks.  In many cases management of the waterways (e.g. Nundle) has been handed over to local Councils so there may be variations to where you can fossick depending on the good humour of the Local Council and that may explain MexTom's  experience.

Then a Ranger turns up, says 'do you have a permit'. I was under impression that permit not needed in NSW. He then says "Albury is a 'no go area' for fossicking." (I quote).

.

For all intents and purposes waterways are private where they cross private property and may be subject to local Council variations.

[Mattau75]

Can anyone tell me is using a yabbie pump or a gold sucker type tool classed as dredging and is this legal in NSW or QLD ?

[Lord_Thunda]

Fossicking can be done on land or waters subject to native title using hand held implements, which
include picks, shovels, hammers, sieves, shakers and gold pans. However, regardless of the
implements used, no excavation is permitted.
On land or waters that are not subject to native title, fossicking is not restricted to hand held
implements, but power-operated equipment cannot be used for the purpose of surface disturbance,
excavation or processing.
power-operated equipment means any equipment powered by mechanical or electrical means.

That comes direct from the Guide to Fossicking in NSW
http://www.dpi.nsw.gov.au/__data/assets/pdf_file/0007/363544/A-Guide-to-Fossicking-in-New-South-Wales.PDF

As far as I know, yabbi pumps are legal to use in NSW.