VICTORIA - Bush Reserves, Public Roads and Leasing

[elbowgrease]

Hi Folks

I'm hoping someone can clarify this for me.

In the case of an area of land designated as a bush reserve, does a recreational prospector have access to the bush reserve to gain access to a creek or river which is exempt under the conditions found within a Victorian Recreational Prospecting Licence?

I believe I am quite correct in my understanding that a bush reserve falls under Crown Land ownership in which case given that it is Crown Land, the public should have access to the reserve itself and any named roads that cross through that reserve therefore giving access to the river or creek for the purpose of prospecting, however in the case that the bush reserve may be under a grazing or pastoral lease does this then restrict a recreational prospector or member of the public from being on that land or using any named roads for gaining access to the creek or river?

Thanks
Adam

 

[Hunting the yellow]

just don't bugger the place up too much and haf is on leased ground and the other harf it on private propety and keep the loc secret pleaze i worked hard to find a goodish spot out there thanks m8

 

[elbowgrease]

just don't bugger the place up too much and haf is on leased ground and the other harf it on private propety and keep the loc secret pleaze i worked hard to find a goodish spot out there thanks m8

Hey Sim

This is more of a general question, not specific to a particular location and don't worry your secret is safe with me The question is intended to apply to potentially hundreds of locations where the ownership of land may be in question due to lease or other restrictions or where it is unclear of the rights of access to use roads which may have fences or gates across them. Locations like where I took you to are very clear cut, however some locations like the one I believe you are referning to are a bit more of a grey area.

The question is more borne from curiosity that anything else (and also a bit of fear of trespassing) but I'm hoping in gaining an answer it may help me and the average recreational prospector have a better understanding of their rights and responsibilites so they can ensure they are doing the right thing.

p.s. I'll give you a buzz a bit later on as I also have some interesting info for you.

Cheers
Adam

 

[Tommtb7]

Hey Adam I was doing some research on this through the week coz my nearest gold feild is in a scenic reserve after reading legislation and acts and amendments and other boring bs I came up with nothing (but a sore head) so I picked up the phone and rang the local parks vic office and this was the conversation.

Me:Hi I was wondering if you could tell me the legalities of prospecting in ******* scenic reserve?
Ranger: na na na no way no prospecting in a reserve at all
Me: oh ok then
Ranger: hold on, what kind of prospecting?
Me: just a shovel and sluice?
Ranger: (talking with enthusiasm) OH YEAH MATE! GO FOR IT! No problem at all and good luck just leave it the way you find it.
Me: YOOOOHOOOO!!!

I've been stressing about this for ages and I've been prospecting on the boundary which is we're they were mainly getting flour gold. That conversation was this afternoon actually

 

[Tommtb7]

When I said prospecting I think his mind jumped to mining

 

[Hunting the yellow]

just don't bugger the place up too much and haf is on leased ground and the other harf it on private propety and keep the loc secret pleaze i worked hard to find a goodish spot out there thanks m8

Hey Sim

This is more of a general question, not specific to a particular location and don't worry your secret is safe with me The question is intended to apply to potentially hundreds of locations where the ownership of land may be in question due to lease or other restrictions or where it is unclear of the rights of access to use roads which may have fences or gates across them. Locations like where I took you to are very clear cut, however some locations like the one I believe you are referning to are a bit more of a grey area.

The question is more borne from curiosity that anything else (and also a bit of fear of trespassing) but I'm hoping in gaining an answer it may help me and the average recreational prospector have a better understanding of their rights and responsibilites so they can ensure they are doing the right thing.

p.s. I'll give you a buzz a bit later on as I also have some interesting info for you.

Cheers
Adam

ok m8

 

[Hunting the yellow]

When I said prospecting I think his mind jumped to mining

lol yep

 

[reklaz10]

This is a great site u learn so much bloody awsum mate

 

[casper]

When I said prospecting I think his mind jumped to mining

lol yep

I've experienced that as well. I reckon for John Citzen and Joe Publicservant when hearing the word "prospector " and "prospecting" they think Mining and destruction and understandably so because the terms "prospector " and "prospecting" are ambiguous. So I've lately taken to telling people "i want to go fossicking for gold and gems" which is readily understood as an occasional low impact lesiure activity and this approach has so far elicited moderate and helpful responses.

casper

 

[loamer]

Another point to note is the council by-laws - it has been noted before but some councils have specific 'no prospecting/fossicking' rules on council/shire land. The issue is that you have to trawl through the bloody council by-laws to find them. Lake Weerona in Bendigo is a 'no-go'area as an example of a council by-law.

Also, you need to get across the Vic 1958 Land Act. Here is a link http://www.austlii.edu.au/au/legis/vic/consol_act/la195848/ but I think this section is the answer (you are trespassing if it runs through private land) and the 1989 water Act.

LAND ACT 1958 - SECT 386

Access etc. to bed and banks of certain watercourses
(1) The owner or occupier for the time being of land adjacent to a watercourse the bed and banks of which have remained the property of the Crown by virtue of section 385 or any corresponding previous enactment has the same right of access to (including access for members of the household, or for the stock, of the owner or occupier), and the same right to use for grazing purposes, the part of the bed and banks adjoining the owner's or occupier's land as the owner or occupier would have had if the bed and banks had not remained the property of the Crown.

(2) An owner or occupier referred to in subsection (1) has the same right to seek and obtain a remedy for trespass against a person (other than the Crown or an Authority or a person acting under the sanction of the Crown or an Authority) trespassing on the part of the bed and banks adjoining the owner's or occupier's land as the owner or occupier would have had if the bed and banks had not remained the property of the Crown and if the trespasser were a trespasser on land in the owner's or occupier's possession.

(3) This section

(a) applies to land occupied by a person, whether or not it is Crown land; and

(b) subject to subsection (1), does not restrict the Crown's right to seek and obtain a remedy for trespass against a person trespassing on the part of the bed and banks referred to in that subsection; and

(c) does not apply if the part of the bed and banks referred to in subsection (1) has been appropriated by or under the sanction of the Crown for any of the purposes of the Water Act 1989 or any corresponding previous enactment; and

(d) has effect despite anything to the contrary in this Act.

Ss 387398 repealed by No. 9380 s. 3(1)(b).

 

[dwt]

have a reserve just up the road from where i live,i dropped the question with parks and dse about detecting the area they responded by saying "thats perfectly fine as long as you follow the posted regulations" a sign posted on one side of the area states "not to disturb any vegetation, or folage, remove any soils or rocks,ect, and somthing else,ect," i kinda lost intrest pretty quick, didnt bother them to much when they set fire to it for a fuel reduction burn !............come on guys i only want to move a little bit of dirt and i'll put it back within 5-10mins anyway,and golds not really a rock...is it? 8.(

 

[YellowFever]

just don't bugger the place up too much and haf is on leased ground and the other harf it on private propety and keep the loc secret pleaze i worked hard to find a goodish spot out there thanks m8

hmmm