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Gold Prospecting
Prospecting Rules & Regulations
NSW Highbanking - what is the current state of play?
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<blockquote data-quote="Guest" data-source="post: 49116"><p>Fellas there is no such thing as the NSW FOSSICKING ACT. There is guidelines (A Guide to Fossicking in NSW) based on various legislation including the Mining Act & Regulations amongst various others. </p><p>Remember when using the NSW Fossicking Guidelines:</p><p>The various Acts & in particular the Mining Act 1992 spells out the law</p><p>The various Regulations & in particular the Mining Regulation 2010 + the Water Management Regulation 2011 are more specific to different areas, duties etc. & are legally enforceable</p><p>Codes of Practice, Standards, Guidelines etc. & in particular the NSW Fossicking Guidelines provide advice on how to meet regulatory requirements but are not legally enforceable although they can be used in courts as evidence that legal requirements have or have not been met.</p><p>Under NSW law to fossick on a TSR you require permission from the LHPA (Livestock Health & Pest Authority) as they manage this land. </p><p>Crown lands marked on a map mean little. If it is under lease then the leasee has exclusive rights to the land use & under NSW law you require their permission to fossick there. Likewise crown land can also be under the management of councils, common trusts, public trusts etc. & you need to find out if it is unmanaged/unleased or open to use beforehand or you can actually be trespassing. On managed crown land you need permission. Some crown land managers freely allow fossicking, some restrict what you can do & some don't allow it at all!</p><p>If there are crown lands or TSR's open to fossicking but have signs or rules saying "no highbanking" I would follow them. You may not get prosecuted but permission to fossick there at all may be removed by the land managers TO ALL OF US.</p><p>Not saying the Nundle situation is right or wrong but be careful with crown land & TSR's - you may unknowingly be breaking the law.</p></blockquote><p></p>
[QUOTE="Guest, post: 49116"] Fellas there is no such thing as the NSW FOSSICKING ACT. There is guidelines (A Guide to Fossicking in NSW) based on various legislation including the Mining Act & Regulations amongst various others. Remember when using the NSW Fossicking Guidelines: The various Acts & in particular the Mining Act 1992 spells out the law The various Regulations & in particular the Mining Regulation 2010 + the Water Management Regulation 2011 are more specific to different areas, duties etc. & are legally enforceable Codes of Practice, Standards, Guidelines etc. & in particular the NSW Fossicking Guidelines provide advice on how to meet regulatory requirements but are not legally enforceable although they can be used in courts as evidence that legal requirements have or have not been met. Under NSW law to fossick on a TSR you require permission from the LHPA (Livestock Health & Pest Authority) as they manage this land. Crown lands marked on a map mean little. If it is under lease then the leasee has exclusive rights to the land use & under NSW law you require their permission to fossick there. Likewise crown land can also be under the management of councils, common trusts, public trusts etc. & you need to find out if it is unmanaged/unleased or open to use beforehand or you can actually be trespassing. On managed crown land you need permission. Some crown land managers freely allow fossicking, some restrict what you can do & some don't allow it at all! If there are crown lands or TSR's open to fossicking but have signs or rules saying "no highbanking" I would follow them. You may not get prosecuted but permission to fossick there at all may be removed by the land managers TO ALL OF US. Not saying the Nundle situation is right or wrong but be careful with crown land & TSR's - you may unknowingly be breaking the law. [/QUOTE]
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Gold Prospecting
Prospecting Rules & Regulations
NSW Highbanking - what is the current state of play?
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