Good news on Landholder indemnity when fossicking in NSW

[NAPFA]

After a sustained representation effort over about 12 months including a ministerial meeting, NAPFA is pleased to draw your attention to a new posting on the Department of Resources and Energy Website about Landholder Indemnity. See the text and link below.

In plain English it means if you have permission of a landholder to fossick on the land, then the landowner cant be sued by you or as a result of something you do or dont do.

This will help you to get permission off landowners who we all know often say no because they are scared of getting sued if you injure yourself.

It is interesting that this clause has always existed in the legislation but has not been identified or understood by fossickers.

What NAPFA has done is to confirm that fossicking is in fact covered by the Indemnity (this was not clear), and to have it put in a prominent place on the Resources and Energy website.

It is recommended you print it out and show it to landholders if they are concerned about liability. Any feedback would be appreciated.

Note that it does NOT provide you with any liability protection or insurance. But it is a very welcome ruling for us. And I call it a 'win'.

http://www.resourcesandenergy.nsw.gov.au/landholders-and-community/fossicking-in-nsw

Landholder indemnity
Fossicking is a lawful activity under Section 12 the Mining Act 1992 (the Act). The Act states the following under section 383C General immunity of landholders:
(1) The landholder of land within which any person (other than the landholder) is authorised to exercise any power or right:
(a) by or under this Act, or
(b) by any authority, mineral claim, opal prospecting licence or permit under this Act,
is not subject to any action, liability, claim or demand arising as a consequence of that person's acts or omissions in the exercise, or purported exercise, of any such power or right.

(2) In this section, landholder includes a secondary landholder.


Cheers

Stephen
President
NAPFA

 

[loamer]

There is some advice on 'you camp' (open website, so take it at face value but usually OK) about public liability for NSW and other states and territories. Interesting to note that Commonwealth Legislation (which wins every time) may come into play. I don't think this is as black and white as we think - see payment for use clauses for example, warning of risk, written indemnities etc.

https://www.youcamp.com/legal

 

[HeadsUp]

thankyou Stephen and NAPFA

if anyone doesnt quite comprehend it , NAPFA put huge amounts of effort and time into protecting our hobby and improving our access to new places.

keep it in mind folks , while we are out enjoying time in the field , these guys are probably spending 5 hours a week on admin pushing to improve our rights

would 5 hours a week be about right as an average Stephen or am i miles short ?



thankyou for your efforts mate , its much appreciated

 

[NAPFA]

There is some advice on 'you camp' (open website, so take it at face value but usually OK) about public liability for NSW and other states and territories. Interesting to note that Commonwealth Legislation (which wins every time) may come into play. I don't think this is as black and white as we think - see payment for use clauses for example, warning of risk, written indemnities etc.

https://www.youcamp.com/legal

Thanks Loamer -- that is a good read.

It also made me realise that I should have my own disclaimer:

"I am not a lawyer and my post is not legal advice; nor it is it legal advice from NAPFA. It is a statement based on infomration received from the Department."

 

[NAPFA]

thankyou Stephen and NAPFA

if anyone doesnt quite comprehend it , NAPFA put huge amounts of effort and time into protecting our hobby and improving our access to new places.

keep it in mind folks , while we are out enjoying time in the field , these guys are probably spending 5 hours a week on admin pushing to improve our rights

would 5 hours a week be about right as an average Stephen or am i miles short ?



thankyou for your efforts mate , its much appreciated

Thanks Heads-up. Unfortunately several miles short. There is always something to be done...becasue I like it done well Our Treasurer also does a great job to keep it all moving.

The downside is less detecting time, but the upside is I meet a lot of prospectors and feel I am contributing something for the long term.

cheers.

stephen.

 

[loamer]

yes mate - it is an ongoing nightmare of rules and regs. I do appreciate your work, and the PMAV. 'Liability' is the number one reason I will not get involved in formal or informal training.