Legal Questions - Crown Land and National Parks

[Allthatshines]

Situation - A river running through a National Park in NSW (i.e both sides of the river is National Park) and the river is marked as Crown Land.

Questions

Is it legal to pan and sluice in the river?

Can a prospector transit with sluicing equipment through the National Park to get to and then leave the river?

If otherwise illegal, if the prospector navigates the river (from outside the National Park boundaries) and does not set foot either side of the river (e.g. only standing on bed rock in the middle of the river) is it then legal?

 

[xcvator]

I think you'd need to find a lot of gold to pay for your legal costs. Would it be worth the trouble even if you were right

 

[Allthatshines]

So I don't run into legal issues is the reason why I'm asking the question, aimed at the experienced members, who may have experience with such dilemmas. I am trying to keep within the law.

Obviously National Parks are a big no-no, but what of the river? It is marked as Crown Land (waterway).

 

[Swinging & digging]

I would suspect the River is well within the National Park boundary and an error is saying Crown Land.
I heard a story about 25 years ago where a tourist from USA was seen panning & Prospecting in a NSW National Park in a River.
He found some gold and showed some passing by Australian tourists who mentioned the gold he found and the location.

The NSW National Parks service soon heard about this and went looking with the aim of Prosecuting him. The Man Hunt involved was
equivalent to a Man Hunt for a Mass Murderer or Dangerous armed robber.

 

[Allthatshines]

I would suspect the River is well within the National Park boundary and an error is saying Crown Land.
I heard a story about 25 years ago where a tourist from USA was seen panning & Prospecting in a NSW National Park in a River.
He found some gold and showed some passing by Australian tourists who mentioned the gold he found and the location.

The NSW National Parks service soon heard about this and went looking with the aim of Prosecuting him. The Man Hunt involved was
equivalent to a Man Hunt for a Mass Murderer or Dangerous armed robber.

Wow, good to know. The anti-prospector brigade are getting more serious year after year. I suspect the more the gold price rises the more Government will try to outlaw prospecting. Sad times...

 

[Solid Luck]

I would suspect the River is well within the National Park boundary and an error is saying Crown Land.
I heard a story about 25 years ago where a tourist from USA was seen panning & Prospecting in a NSW National Park in a River.
He found some gold and showed some passing by Australian tourists who mentioned the gold he found and the location.

The NSW National Parks service soon heard about this and went looking with the aim of Prosecuting him. The Man Hunt involved was
equivalent to a Man Hunt for a Mass Murderer or Dangerous armed robber.

:lol: :lol: :lol:

 

[blisters]

In that specific example you want to be aware of the exclusion list:

https://earthresources.vic.gov.au/l...k/rivers-and-streams-where-you-cant-fossick#T

You should be able to find the information you require in the legislation applicable to the state you are in. For example I read a while ago in NSW the legislation allows you to carry prohibited items such as a chainsaw if traversing the National Park. It looks like it has changed with the latest legislation so you need to look at the latest version. In relation to prospecting gear there may be the same type of legislation to allow you to traverse a National Park.

Any advice on this forum should contain a link to or you should check the relevant legislation as you are the one that will wear the consequences.

 

[mbasko]

Please note none of the following is legal advice as such. If you want that talk to a Solicitor/Lawyer.

Questions

Is it legal to pan and sluice in the river?
I would say NO based on parts of the National Parks & Wildlife Act + Regulation
i.e.
There is a section of the Act specifically addressing the sign off on plans of management that include waterways - 80 Lands submerged by water
In the Regulation it says you must not "(h) carry or possess,interfere with, dig up, cut up, collect or remove for any purpose any soil, sand, gravel, fossil, clay, rock, ochre, mineral, timber (whether or not consisting of or including dead timber), gum resin, humus or other natural substance or object in a park, whether on land or on or under water"
The park you have put up here is a designated wilderness area:- ""wilderness area"means land (including subterranean land) that is reserved under this Act and is declared to be awilderness areaunder theWilderness Act 1987"
NSW NPWS also manage a lot of "special" areas in partnership with NSW Water that are either completely off limits or limited/restricted access.
There are also other areas such as Karst that includes subterranean land, wild rivers etc.
IMO it looks pretty clear that NPWS have covered land under water + waterway management within their parks.

Can a prospector transit with sluicing equipment through the National Park to get to and then leave the river?
I believe any contraband or illegal activity type equipment can only be carried through National Parks in NSW & not if you plan to stop in the park. This doesn't appear to be specific to fossicking/prospecting equipment although Rangers do have powers to search & seize in regards to alleged illegal activities.

If otherwise illegal, if the prospector navigates the river (from outside the National Park boundaries) and does not set foot either side of the river (e.g. only standing on bed rock in the middle of the river) is it then legal?
NO

 

[Allthatshines]

Thank you everyone for going to the effort of posting your helpful answers. :Y:

It looks like I'll have to find a non-National Park section of the Shoalhaven to sluice.

I have heard a lot of people sluice in the vicinity of the Oallen Ford bridge (Shoalhaven River, NSW), which could be a good way to get out of the house for the day, but one of the main attractions to prospecting for me is identifying areas few people visit. I love the logistics of safely getting yourself into hard to access areas and out again. I think finding gold in virgin ground is the essence of prospecting. ickshovel: