Exempt rivers and creeks Victoria - information and questions

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read that post just as confused as I was before reading it. cause a Tributary to me is ANY water that flows into the main river/creek weather it 1 branch or 10 branches deep eg Stringer's Creek Tributary of Thompson River. Which from my understanding of a Tributary anything that feeds into stringers or stringers itself is off limits. same with "Thomson River Tributary of La Trobe River"

but where I am lost i read all over this forum about some of these small creeks been panned etc. That run into these creeks or the river. I am using stringers and the Thomson as just an example as it easy to google Walhalla to look at to try to get an understanding of the word Tributary
 
I am no expert on the matter, but the approach I have always adopted is that if the creek has a name, and that name does not appear on the exempt list, then it is a goer.
Seems to me that the exempt list is quite specific, and goes to some lengths to specifically name certain tributaries.
My logic (flawed as it may be) is that if a tributary named ALPHA is on the exempt list, and ALPHA has another creek running in to it called BETA, and the name BETA does not appear on the exempt list, then I can hardly be pinged for panning in BETA, for the obvious reasons that BETA does not appear on the exempt list, and it is not called ALPHA.
If every creek, rivulet, gully, and watercourse that flows into a tributary named in the exempt list was also exempt, then there wouldn't be much need for gold pans :)
But that is only one (potentially incorrect) interpretation.....there are probably as many different interpretations as there are members on this forum.
If the issue is really cause for concern to you, I can only suggest that you seek clarification from the relevant Government department.
Good luck with that :(
 
Also worth mentioning that many streams where prospecting is not permitted like in National Parks the stream may not be mentioned on the list.
For example Prospecting is prohibited within the entire Alpine National Park and a number of gold bearing creeks will not be on the list.

You need to consider these things when looking for a likely spot.
 
I hate to advocate calling up and confirming but wherever you would like to go just figure out whos in charge of it and ask directly. Dewlp (probably changed their name again) in the local area is the best starting point.

You can also try where they sell Miners rights in the local vicinity (or closest to) often they will have maps of where you can and cant go.

The final call on if you can, or if you cant, rests with the land management of the specific area.

Most times the exempt list is a no go, but Mt Pilot NP will allow acess to Reedy Creek in designated areas for example, even though its named on the exempt list. This is due to the land management decision to allow it overrides the list. In this example the closest Miners Right issuer is Beechworth Tourist centre, which can provide a map where in the area is ok, and where is out of bounds.

Theres a few others that fall into the same determination. Honestly its all as clear as mud and either noone wants to clarify it all, or noone has been tasked to set it out clearly. For what its worth Im convinced very few in the public service have any idea what is going on, let alone how to direct someone, at least its been my personal experience. Without a map most of them are just as lost as the new chum asking.

Try Geovic to determine the land status and go from there. If its crown land outside of a NP its definitely worth asking about.

And in my opinion, looking at the list and the way its written if its not named ( little joe creek as in your example and is not named), I think you have a case to say you would be allowed if it met these 3 criteria.

.A. Its Victorian Crown land,
B. Accessed from public roads,
C. Processed under conditions set out in Miners Right.
 

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