❗Equipment/Dredging & Hazardous Substances (Mercury) Regulations - All Australian States

[mbasko]

NSW​

MINING REGULATION 2016 - REG 12​

Fossicking

12 Fossicking​

(2) A person must not carry out work that includes any of the following activities for the purpose of fossicking--

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

http://classic.austlii.edu.au/au/legis/nsw/consol_reg/mr2016172/s12.html
https://www.resourcesregulator.nsw....s/fossicking-a-guide-to-fossicking-in-nsw.pdf
https://www.resourcesregulator.nsw.gov.au/sites/default/files/documents/fossicking-in-nsw-poster.pdf

 

[Simmo]

Queensland.

https://www.qld.gov.au/recreation/activities/areas-facilities/fossicking/rules/permitted-activities

 

[mbasko]

Victoria

MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 58​

Obligations of holder
S. 58(1) amended by No. 82/2000 s. 50(1)(a).

(1) The holder of a miner's right acting under that right must not—

(a) use any equipment for the purposes of excavation on the land, other than non-mechanical hand tools;

http://classic.austlii.edu.au/au/legis/vic/consol_act/mrda1990432/s58.html
Earth Resources Victoria:

You can only use hand tools while exploring for minerals under a miner’s right.

You cannot use mechanical equipment or explosives to excavate the ground.

You can use picks, shovels, hammers, sieves, shakers, electronic detectors and other similar tools.

https://earthresources.vic.gov.au/licensing-approvals/fossicking
The Victorian guide to fossicking

 

[mbasko]

Western Australia

MINING ACT 1978 - SECT 40D​

40D . Authorisation under miner’s right​

(2) (b) must not use explosives or tools, other than tools prescribed for the purposes of this paragraph or hand tools;

http://classic.austlii.edu.au/au/legis/wa/consol_act/ma197881/s40d.html

MINING REGULATIONS 1981 - REG 74A​

74A . Means of fossicking​

(1) The holder a miner’s right may fossick by means of hand tools only.

(2) The holder of a miner’s right shall not fossick by means of a metal detector, machinery or machine assisted tools, including vehicle drawn scrapers, graders and similar tools, on any land.

http://www5.austlii.edu.au/au/legis/wa/consol_reg/mr1981190/s74a.html
(Note: Prospecting includes the use of metal detectors. See differences between Fossicking & Prospecting below)

Miner's Right holders can carry out the following activities on Crown land

• undertake limited sampling using hand held equipment and to remove samples up to 20 kilograms

Prospectors may remove limited samples from Crown land, however, activities such as strip mining (using front-end loaders and bulldozers or similar machinery to strip the surface of soil or vegetation) are not permitted. These types of operations may only be carried out on a granted mining tenement and conditions will be applied that require compliance with the methods of rehabilitation laid down by the Department of Mines, Industry Regulation and Safety .

https://www.dmp.wa.gov.au/Minerals/Prospectors-fossickers-1525.aspx

Difference between prospecting and fossicking in Western Australia​

The terms ‘prospecting’ and ‘fossicking’ are used interchangeably when searching for minerals, however, the term ‘fossicking’ has a specific definition in the Mining Act, 1978. ‘Fossicking’ refers to the collection of mineral samples or specimens, other than gold or diamonds, for the purpose of a mineral collection, lapidary work or hobby interest. The term ‘prospecting’ ‘includes the search for all minerals including the use of metal detectors.
Both ‘prospecting’ and ‘fossicking’ require a Miner’s Right.

https://www.dmp.wa.gov.au/Minerals/Prospecting-fossicking-in-WA-2428.aspx

 

[mbasko]

South Australia

The Mining Act 1971 defines fossicking to be the gathering of minerals as a recreation and without the intention to sell the minerals or to utilise them for any commercial or industrial purpose. Fossicking does not include the gathering of minerals by any means involving disturbance of land or water by machinery or explosives. A metal detector is acceptable, as are a pick and shovel and a gold pan. No machinery operated by mechanical means is allowed.

https://www.energymining.sa.gov.au/industry/minerals-and-mining/exploration/fossicking#definition

Fossicking may only be undertaken using hand operated equipment. Mechanically operated equipment cannot be used.

Listed equipment:
https://www.energymining.sa.gov.au/industry/minerals-and-mining/exploration/fossicking#equipment

 

[mbasko]

Northern Territory

What tools can I use?​

You can search for and extract limited amounts of rocks, minerals and crystals by means of digging by hand or by using hand held tools, to a depth of one metre.

Tools that may be used for this purpose include a pick, hammer, shovel, sieve, pan, shaker, basin and metal detector.

You may also use power operated equipment, such as a dry blower or sluice to screen or separate material however you are not permitted to use power operated equipment or engine driven equipment such as jackhammers, dredges or spading tools to extract any material.

The use of explosives is not permitted.

https://fossicking.nt.gov.au/useful-information/useful-resources#5
Fossicking Guides/Publications:
https://fossicking.nt.gov.au/useful-information/publications

 

[mbasko]

Tasmania
Prospecting and Fossicking are administered by Mineral Resources Tasmania (MRT) in accordance with the Mineral Resources Development Act 1995 (MRDA).

Prospecting

This is an activity that may be conducted in many locations around Tasmania by anyone with a prospecting licence. Prospecting means to explore for minerals to a depth of less than 2 metres below the surface of the Earth, or of any pre-existing excavation, by means of a hand-held instrument including metal detectors.

Prospecting equipment:

Only hand prospecting for material is allowed and only hand-held tools may be used.

The use of metal detectors is allowed anywhere that prospecting is allowed if you hold a current Prospecting Licence. Metal detectors are prohibited in designated fossicking areas.

The use of dredges, suction dredges, trommels and motorised pumps is prohibited. If in doubt, check with MRT prior to their use.

Hand-held and un-powered sluices and high-bankers which are less than 1m in length and can be easily carried in the field by an average person, may be used. The use of motor and/or battery powered assistance is not permitted.

The use of any explosives is prohibited.

Conditions Relating to Prospecting Licences

Fossicking

Fossicking means to search for minerals for a purpose other than commercial gain, to a depth of 2 metres by hand, or by using hand-held instruments. Fossicking is different to prospecting because a licence is not required if activities are conducted within any of the eleven areas declared under the Mineral Resources Development Act 1995. Metal detectors are not permitted for use within designated fossicking areas.

Metal detectors are not permitted for use within designated fossicking areas.

Fossicking Areas

 

[mbasko]

While mercury recovery methods are interesting they are sailing very close to the edge of what we can allow on the forum.

Mercury is a Schedule 7 poison. Schedule 7 poisons are substances with a high potential for causing harm at low exposures which require special precautions during manufacture, handling or use. These poisons should be available only to specialised or authorised users who have the skills necessary to handle them safely.

It is likely that any process not being carried out in a controlled environment is not only dangerous, especially for any inexperienced reader/viewer who may try it out for themselves, but it's also likely to be illegal in your state or in some part i.e. unlicensed possession, use etc.

Australia ratified the Minamata Convention in December 2021 & in March 2022 several National/Federal rules on mercury products, use, supply etc. came into force.
Ultimately the regulation of mercury lies with individual states but in light of the ratification of the Minamata Convention + introduction of National Federal Government regulations it's given all states will eventually need to tighten their regulations (if they haven't done so already).
For example in NSW it's now prohibited to use mercury in any gold recovery processes including artisanal & small scale mining.

In short any existing regulations on mercury will not ease but only become more restrictive going forward.

As a Schedule 7 poison the supply/sale, use, possesion etc. of mercury is most likely already restricted in some way anyway, in all Australian states, via required permissions (licencing, permits).

 

[mbasko]

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