NSW fossicking where EL or ELA exist

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Jan 24, 2014
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The following question relates only to permission(s) required re 'Exploration and Mining Applications' vs 'Mining & Exploration Titles'.

Considering other threads have made clear the necessity to obtain leaseholders permission where there is a 'Title', is it also necessary to obtain leaseholders permission where there is no 'Title' but there is an ELA ie an 'Exploration or Mining Application'?

Example pic.... Is permission required in the brown hatched area of state forest?

test El & ELA.png

Please - no presumptions. Just after what the legal requirement is.
There is no requirement to get permission for EL Application areas. They are only under application & no exclusive exploration rights have been granted as yet.
However, NSW Forestry may declare the area as off limits to fossicking, if they decide it's warranted, so you need to keep an eye out for new "No Fossicking" areas within NSW State Forests.

Mining Applications will be different as the area will be under either an existing Exploration Lease (requires permission outside of fossicking districts) or an Assessment Lease (which would require permission).
Thanks, that clarifies things a bit. So if I read things correctly for fossicking in NSW State Forests, so long as one is not on a crown lease, an EL, or an MLA, as per these 2 pics;

test EL & MLA 2.png

test EL & MLA.png

then permission is not required for purely an 'Exploration Lease Application'. As per this pic;

test ELA.png
If an ELA is all that there is covering part of a NSW State Forest & NSW Forestry allow fossicking in that part of the state forest then no other permission would be required other than your NSW State Forests Fossicking Permit.

As said an ELA is basically just a notification that there is an interest in the area. No exclusive rights have been granted until an EL is given.
Where there's an ELA you would need to keep an eye out for any change to EL especially given a lot of the area falls outside of the fossicking district.

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