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Gold Prospecting
Prospecting Rules & Regulations
Highbanking in (Qld) Queensland information and questions
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<blockquote data-quote="Rodt" data-source="post: 608767" data-attributes="member: 19830"><p>While I am new to the fossicking game I have been dealing with legislation and interpretation of it for a number of years. The one thing that I see missing when reading the above discussion is how multiple legislations may apply.</p><p></p><p>Without researching myself SteveG has appeared to have researched the legislation in regards to fossicking and I have no reason to doubt that it is incorrect. However what is missing is that the processing of material could be defined in another act somewhere else so isn't referenced to in the fossicking act. This is fairly common </p><p></p><p>I did a quick search of the Qld legislation and found in the Mining and Quarrying Safety and Health Act 1999 S10 a definition of Mining Operations</p><p></p><p><em>Meaning of operations</em></p><p></p><p><em>(1)Operations are activities carried on principally for, or in connection with, exploring for, winning, or winning and treating, minerals or hard rock and include the following</em></p><p><em>(a)extracting, loading, transporting, crushing, concentrating, storing, smelting, electrowinning, leaching and processing of minerals or hard rock;</em></p><p><em>(b)disposing of mineral or waste products in connection with winning, extracting or processing minerals or hard rock; </em></p><p></p><p>The point being that even if the above is not the correct place to understand the activity it very clearly refers to processing material which is what we are talking about here.</p><p></p><p>The various regulatory bodies charged with enforcing the various acts will often issue explanatory material to clarify situations where confusion exists and this is accepted as being an accurate interpretation of the requirements. Prior to any explanatory material being published it usually goes through an army of lawyers which is why it is accepted.</p><p></p><p>Failing any legislative clarity I would be looking for published explanatory material before proceeding</p></blockquote><p></p>
[QUOTE="Rodt, post: 608767, member: 19830"] While I am new to the fossicking game I have been dealing with legislation and interpretation of it for a number of years. The one thing that I see missing when reading the above discussion is how multiple legislations may apply. Without researching myself SteveG has appeared to have researched the legislation in regards to fossicking and I have no reason to doubt that it is incorrect. However what is missing is that the processing of material could be defined in another act somewhere else so isn't referenced to in the fossicking act. This is fairly common I did a quick search of the Qld legislation and found in the Mining and Quarrying Safety and Health Act 1999 S10 a definition of Mining Operations [i]Meaning of operations[/i] [i](1)Operations are activities carried on principally for, or in connection with, exploring for, winning, or winning and treating, minerals or hard rock and include the following (a)extracting, loading, transporting, crushing, concentrating, storing, smelting, electrowinning, leaching and processing of minerals or hard rock; (b)disposing of mineral or waste products in connection with winning, extracting or processing minerals or hard rock; [/i] The point being that even if the above is not the correct place to understand the activity it very clearly refers to processing material which is what we are talking about here. The various regulatory bodies charged with enforcing the various acts will often issue explanatory material to clarify situations where confusion exists and this is accepted as being an accurate interpretation of the requirements. Prior to any explanatory material being published it usually goes through an army of lawyers which is why it is accepted. Failing any legislative clarity I would be looking for published explanatory material before proceeding [/QUOTE]
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Gold Prospecting
Prospecting Rules & Regulations
Highbanking in (Qld) Queensland information and questions
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