Fossicking - Rules and Regulations

[pete]

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 ?

In NSW, according to the Mining Act, a yabbie pump would be a hand held device and OK to use. If the 'gold sucker type tool' is not powered by electrical or mechanical means it could also be used without undue restriction.
The Mining Act appears to be silent in regard to dredging, however as the activity is generally carried on in creeks and rivers the Fisheries Management Act (from memory) regulates dredging and and the Water Management Act may also have something to say about it, in addition to the Protection of the Environment Act.
Waterways crossing private property are not regulated by Councils unless by way of easements and covenants but are regulated by the above Acts. Council Rangers may enforce some of the various Regulations but not all.

The reality is that all land is held under some form of tenure with associated rights, be it by way of freehold, licence, lease, Crown grant, legislation etc and therefore, unless specifically stated that fossicking is allowed, some form of permission will be required.

[The Rock Hunter]

do you need a miners right for vic if you belong to a gem club ?

[chookie2]

Yep if you go out fossicking you need a Miner's Right in Vic. it's easy you can get it online and print it out .

[The Rock Hunter]

Yep if you go out fossicking you need a Miner's Right in Vic. it's easy you can get it online and print it out .

so even if you belong to a gem club you need it ?

[chookie2]

yes you do.

[The Rock Hunter]

mmmmm good thing i got one hey 

[tina]

Hi,

Can I ask if you are allowed to sell any gemstones you find while fossicking in Qld as a private citizen and not a commercial enterprise?

Cheers

[Aussie Sapphire]

According to this information you can:

Selling of the occasional "lucky find" of a gemstone, or selling or interchanging material to hobbyists or through fairs and exhibitions is permitted. However, repeated removal for sale through shops or businesses, or as part of making a living, is considered commercial, and requires tenure under the Mineral Resources Act 1989. Discovery of a commercial mineral deposit by a fossicker does not give any prior rights to it under the Mineral Resources Act 1989.

See more about the relevant rules and regulations here:

http://mines.industry.qld.gov.au/mining/guide-fossicking-legislation.htm

cheers
Leah

[tina]

Thanks for that

[starsapphire78]

 The laws at rimes can be a bit  hard to understand , it's a  shame some don't follow them

[fishaholic5]

Clarification of any of the rules and regulation can be obtained from the relevant State Department or the Mines Registrar

Cheers
Wal

[roc27583]

If you would like to reach out the management of a Fossicking Park on this topic, I would encourage you to visit http://www.billabongblue.com.au and ask for Joanne or Keith. The fossicking park is located in Inverell in NSW, Australia and they will have a broader scope of knowledge and are very happy to discuss any  questions you may have.