NSW local council bans detecting

A guy on our local facebook page, claims that Lake Macquarie council has banned detecting on its parks, and will fine us for it. I hope this is wrong, as other councils will no doubt follow suit.

There was a story a while back about Lithgow Council having done this or not so much detecting but any digging in their parks which pretty much makes detecting useless.
http://www.lithgowmercury.com.au/story/2312337/scan-but-dont-go-dig-in-queen-elizabeth-park/

Too quick for me Rocket. I just posted the same info then saw this topic. Deleted mine.
It's a shame.

Well I rang them myself. The issue is public liability, they do not want people tripping over our holes. I explained that we do not leave holes, it didnt matter. She suggested that we could apply for a roads/access permit, and purchase our own public liability insurance. She said the beaches are ok. Shite news, and she claimed that this rule wasnt new, and couldnt tell me when it came into effect.

The way I see it a game of rugby league or other footy games would do more damage then responsible people metal detecting.

Ramjet said:

The way I see it a game of rugby league or other footy games would do more damage then responsible people metal detecting.

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Yep, but try banning footy, they would cop untold hate over it.

This came in a while ago in Tasmania, think it was in Hobart - same thing, public liability. The other issue is that they wanted to issue permits, and you had to apply for them a month ahead which is ridiculous. I can see this becoming a more common issue as councils catch on with the idea. :/

Ramjet said:

The way I see it a game of rugby league or other footy games would do more damage then responsible people metal detecting.

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True but organised sporting clubs (in my council area anyway) have to pay ground hire/maintenance fees + have their own game day public liability insurance. Those fields used are purposed for sporting games too so a bit different to detecting/digging a park.
I'm all for detecting in our public parks etc. but I think this is a case of a few bad apples spoiling things for everyone & not an excuse to throw daggers at other activities.

mbasko said:

Ramjet said:

The way I see it a game of rugby league or other footy games would do more damage then responsible people metal detecting.

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True but organised sporting clubs (in my council area anyway) have to pay ground hire/maintenance fees + have their own game day public liability insurance. Those fields used are purposed for sporting games too so a bit different to detecting/digging a park.
I'm all for detecting in our public parks etc. but I think this is a case of a few bad apples spoiling things for everyone & not an excuse to throw daggers at other activities.

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Yes I realised the footy clubs would have insurance after I posted. Need to use my brain a bit more. :8

If you were pinged, ask the ranger to show you the holes you have left open and then continue on...

But playing footy in a local park would be ok, like to see a ranger front a group of guys enjoying themselves, but damaging the turf by falling, tackling, running on it etc. Liability has killed so much wholesome activity....go back 20 years ago...we didnt go sueing, we accepted the risk involved in sport, or tripping on a kerb, it was just bad luck.

Slit, open, retrieval, close and proceed to next. After 5pm it's unlikely anyone will bother you. Just be smart.
Any shooter with a bit of panache should have no troubles. Worst case scenario I'd offer up the junk and say you are making a case for them to fine litterers!
Plead poor in an official manner and they are unlikely to pursue a fine, illegal dumping fines go unpaid constantly in my area, or offer to pay 50c a week until the debts paid.

Thank those that DIG holes and leave a mess behind...

I am expecting to see many places do the same...

If I am doing a PARK, I always do a quick walk around. If obvious signs or others, holes dead patches etc... I move on...

Ok this comes out a lot, a few rules
Parks departments have to do audits as they are responsible for most playing surfaces and if a ground was found to have holes in it, the games the sporting clubs matches would have to be abandoned Fairly hard to ring everyone to let them know to go to a different ground
People keep ringing councils to see if it is ok to detect which just makes things worse as it brings it to the forefront of their attention its a bit like ringing the police and asking them where is the best place to steal things

once one council introduces bans they will all follow and that will be the end of it we have been detecting for 30 years now and never had problems apart from lately because people have become greedy and selfish

Do not detect a sporting oval unless you are surface picking if you are digging plugs you are creating a nightmare, as if they mow after you have just done plugs the mower will lift the plug out of the ground and mulch it
Use common sense if the ground is well kept then it is some gardeners pride and joy and he will be proud of it, go attack it with a shovel and see what his reactions is
I for one do not want to see this hobby destroyed by people who buy and aldi detector and take a shovel or a pick out and start digging th 10000 ring tabs and crown seals out of manicured lawns

I work for a council and liaise with people from all levels and departments so i know what im talking about

If you want to be a testosterone male and tell the council officers off or dispute the law, two things, look at the fine for damaging council property and get another hobby

I only carry a screwdriver as a digging tool and they would have to prove you were digging a hole in the first place, then they would have to try to extract my name which I would refuse to tell them as they are NOT a police officer. To many idiots getting into this hobby and digging big holes in nice parks I agree. So it seems detecting the park is not illegal but digging a hole is, thats ok with me.

Just my thoughts and the exact reason why I only go for the stuff nearest the surface.

Heatho said:

I only carry a screwdriver as a digging tool and they would have to prove you were digging a hole in the first place, then they would have to try to extract my name which I would refuse to tell them as they are NOT a police officer. To many idiots getting into this hobby and digging big holes in nice parks I agree. So it seems detecting the park is not illegal but digging a hole is, thats ok with me.

Just my thoughts and the exact reason why I only go for the stuff nearest the surface.

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They don't need to be a police officer Heatho.
"NSW LOCAL GOVERNMENT ACT 1993 - SECT 680 Demanding name of offender
680 Demanding name of offender
(1) An authorised person who finds a person whom the authorised person reasonably suspects of committing an offence under this Act in a public place, or an offence in respect of which the authorised person may issue a penalty notice under section 224 of theProtection of the Environment Operations Act 1997, may:
(a) demand from the person his or her name and residential address, and
(b) report the offence and the name and residential address of the person to the council as soon as practicable.
(2) The provisions of subsection (1) (b) do not apply to any police officer in respect of an offence under section 650 (use of councils free parking areas).
(3) A person who on demand made as referred to in this section:
(a) refuses to state his or her name or residential address, or
(b) states a name or residential address which in the opinion of the authorised person is false, may without any other warrant than this Act be apprehended by the authorised person and taken before a Magistrate or authorised officer to be dealt with according to law.

An "authorised person" would be any council employee authorised to give out fines I.e. enforcement & parking officers, rangers etc.
Not saying it's right mate but they do have a legal right to ask if they believe your doing something wrong.

Fair enough, but I would exercise my right to silence and make them work for my info. I dunno mate I've just never had a problem in my area. Though I guess if there is a sign prohibiting detecting I would not push my luck and deliberately break the law. Seems councils are more worried about detecting holes than fixing pot holes, blocked drains, dangerous trees, dangerous footpaths etc....

As a rate payer it makes me feel pretty grumpy.

Heatho said:

Fair enough, but I would exercise my right to silence and make them work for my info. I dunno mate I've just never had a problem in my area. Though I guess if there is a sign prohibiting detecting I would not push my luck and deliberately break the law. Seems councils are more worried about detecting tholes han fixing pot holes, blocked drains, dangerous trees, dangerous footpaths etc....

As a rate payer it makes me feel pretty grumpy.

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True that mate! Potholes around here I could lose my car in. Only issues I've heard of here is one bloke being chased of a sporting field, mainly because of the greenkeepers cricket pitch in the middle. No fines or demanding of names but sternly told to bugger off & not come back :lol:
The same bloke has been known to jump fences too - one of the bad apples making it hard for all of us.

We are getting a bit off track here, as per the original post, this has more to do with detecting public parks/areas vs detecting well manicured playing surfaces and sporting venues, so essentially some councils are indicating that you CANNOT detect anywhere in the municipality other than the beaches. Keeping clear of ovals and manicured playing surfaces is a given, and if you do cause damage to playing surfaces, then you get what you deserve.

So essentially they are saying all council areas are no go unless you have written permission, give a months notice of when the activity is going to occur, plus have proof of public liability insurance in the order of $10-20 million, and only allowed surface finds - essentially treated as if it were an event like a market or a fair held in a park. Sorry, but that pretty much kills off the hobby straight up, at least you won't have to worry about depth capability on your detector anymore, because only surface finds will be the order of the day.

What they need to do is manage metal detecting properly, and issue permits specific to the activity with reasonable conditions attached. If they can do it in the US, surely they can do it here.

Here's how NYC manage detecting in their parks.

http://www.nycgovparks.org/permits/metal-detector

The new lightweight, no depth, Aussie parks detector.