What are the fines in various states for prospecting without licences?

[user 1769]

The Tasmanian Government just increased penalty units last week. The new fines for some prospecting related offences have just been hiked up to:

• Prospecting without a licence (100 penalty units) = $15,400
• Mining without a lease (500 penalty units) = $77,000
• Exploration without a licence (100 penalty units) = $15,400

They can also confiscate your gear, which if you're swinging a decent detector could put you another $4-10K. I personally don't think this is good enough, when the lines between exploration and fossicking are totally blurred in the Tasmanian legislation, and there is no guidance of how much it's ok to take when prospecting, or at what point you could be pinged with a $77,000 fine.

What's the situation in other States? I'm thinking it's high time we had a Tasmanian association like PMAV and NAPFA.

 

[K-Dizzle]

Wait, I'm meant to have a license to prospect? oops....I honestly didn't know that. I thought you were allowed to just rock up to designated areas and away you go.

I'll have to look into this. ASAP!

 

[y4k]

Lol google Department of Economic Development, Jobs, Transport and Resources...10yr miners right $17.20

 

[jamie]

K-Dizzle, in nsw we only have a state Forrest permit that you need if going into state forests to prospect/fossick, other places like beaches, parks, designated ares (out side of a SF) is all good

 

[y4k]

Oops my bad, thought u were in Vic K-Dizzle

 

[K-Dizzle]

I can't find anything for NSW :|

*edit*

That makes sense as to why I couldn't find anything. Sorry still learning.

 

[Swinging & digging]

I was once told that the authorities can confiscate your gold in Victoria if you do not have a valid Miners Right.
Not sure on penalties i think it goes on the severity of the offence?

 

[SCROUNGER]

They wouldn't get much gold from me. Not enough to pay their wages for the day!!! I do have a licence though, so i don't have to worry if i strike the mother load.

 

[Swinging & digging]

I am with you on that SCROUNGER, for the most part we are making a significant financial loss on our prospecting exploits, though i have had a valid Miners Right at all times so to protect my minimal finds.

 

[SCROUNGER]

I shudder to think about how much we pump into the economy every time we drive out into the bush in the search for gold. I'm doubly whacked because i'm an angler as well. My wife reckons every fish i catch cost around $500!!! :lol: :lol: :lol: :lol:

 

[Swinging & digging]

Yes when you factor in GST on prospecting equipment, camping equipment, Fuel taxes etc list goes on?
I know anglers with 50K boats and 12K of tackle.

Outdoor recreational pursuits generate huge amounts of taxation revenue fro greedy governments.

 

[condor22]

As there is very little public land in S.A. and it's called fossicking, I would suggest the biggest problem here would be Trespass on Private Land.

Mount Crawford cost me $5 for a day less than a year ago, it is an entry permit to the forest, not a fossicking permit. So the penalty would be whatever entering without a permit attracts.

Extract from S.A. Forestry Regulations 2013

fossicking means the gathering of minerals
(a) as a recreation; and
(b) without any intention to sell the minerals or to utilise them for a commercial
or industrial purpose,
but does not include the gathering of minerals by any means involving the disturbance
of land or water by machinery or explosives;

Penalty for unlawful entry

6Prohibition of entrance by notice
(1) A person must not, without lawful authority, enter or remain in a forest reserve or part
of a forest reserve contrary to the terms of notices erected with the approval of the
Corporation at the entrances to that reserve or that part of the reserve.
Maximum penalty: $750.
Expiation fee: $105.

 

[MJB]

I thought I read somewhere that although there are laws which MUST be obeyed, most of the time the authorities do not have the manpower or resources to enforce such laws. I think that in VIC only an officer of the mines department has the legal right to demand to see your miners right....how many on here have ever had that happen??

I may be wrong however and I dare say you would have to be confronted by a very upset and disgruntled officer to be fined without first being given a warning of sorts. Another thread here somewhere asks the question when was the last time in Vic that someone actually did get fined for not having a Miners Right, very few and far between.

Not sure about other states

 

[bazza2210]

You will need a permit to fossick in NSW forests though, you can get it online at https://firewood.sf.nsw.gov.au/FossickPermit.aspx

I can't find anything for NSW :|

*edit*

That makes sense as to why I couldn't find anything. Sorry still learning.

 

[Swinging & digging]

In Victoria a Ranger, Police officer, fisheries inspector are allowed to ask to see your Miners Right.
2014 someone got fined for no Miners Right, i guess many have received verbal warnings and then go get one.

Just remember your Miners Right in Victoria gives you legal title to the gold in your possession provided you have broken no rules to get it.

 

[kleinman98]

Wait, I'm meant to have a license to prospect? oops....I honestly didn't know that. I thought you were allowed to just rock up to designated areas and away you go.

I'll have to look into this. ASAP!

No you dont need a licence in NSW K, but you do need a permit if you go into a state forrest.
National Parks are a big No No.

 

[user 1769]

Do you use Google Earth, drones, or other remote sensign tools to plan your prospecting trips? Down here in Tasmania you could be up for a $77,000 fine for carrying out an aerial geophysical survey without permission from the Director of Mines.
Overregulated and underpoliced is about right.

 

[MJB]

Do you use Google Earth, drones, or other remote sensign tools to plan your prospecting trips? Down here in Tasmania you could be up for a $77,000 fine for carrying out an aerial geophysical survey without permission from the Director of Mines.
Overregulated and underpoliced is about right.

Your right mate, very over regulated and under policed.

How would they prove you were using the drone to survey the land for mining purposes, Tassie is so pretty and you could easily argue you were using it to film some panoramic shots.

Sometimes they just make these ridiculous laws just for sake of it and to justify their existance.

 

[Muttering]

Tassie links to these?

 

[user 1769]

Tassie links to these?

Hi Muttering, I'm not sure what you'd like the links for, but here are the current ones for the relevant Tasmanian law, which is the Mineral Resources Development Act of 1995:

Prospecting without a licence: http://www5.austlii.edu.au/au/legis/tas/consol_act/mrda1995320/s107.html
Exploration without licence: http://www5.austlii.edu.au/au/legis/tas/consol_act/mrda1995320/s30.html
Mining without a lease: http://www5.austlii.edu.au/au/legis/tas/consol_act/mrda1995320/s69.html
Aerial geophysical surveys: http://www5.austlii.edu.au/au/legis/tas/consol_act/mrda1995320/s165.html

Current penalty unit rates ($154): http://www.gazette.tas.gov.au/editions/2015/may_2015/21519_-_Gazette_27_May_2015.pdf