Am i breaking the law?

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Am i breaking the law?

Post  ChaosGold on Thu Jan 12, 2017 11:01 pm

Hey Guys,

First post here hopefully it isn't too long but i want to clear some stuff up. Basically ive started to get back into prospecting, i love getting out there on the weekend and finding forgotten spots no one else knows about really close to Melbourne. Anyways i started reading my miners right and wanted to understand exactly where i can and cant go, in relation to Crown land. {I don't want to get a fine}

I started researching and on my Miners right it referred to the Crown Land(Reserves) Act 1978 saying - you can search Crown land other than land exempt under these 3 specific sections of this Act. Section 6, 6A or 7.

Section 6, 6A
So i had a look at Section 6 - (You cannot search on reserved land, meaning areas like : Roads, Railways, Prisons, Cemeteries ect..) ok makes sense.
Next, 6A? cant find it, its not listed in the - Crown Land (Reserves) ACT's Table of provisions. {Maybe it was amended? So i guess proceed to Section 7 and ignore it?}

Section 7
I think is saying - (Councils have the right to reserve areas of Crown land for whatever purpose, and you can nominate a specific part of reserved land to prospect on however you must gain consent before you can go look) is this correct or am i a moron? {im shite at reading these legal documents.}

Link to - Crown Land (Reserves) Act 1978 - #Edit# i cant post links for 7 days but you can find them on google



Next i checked the Victoria State Government - Earth Resources Site for more info.
Link to - Vic Gov Earth Resources - ------------------------------------------------------
It has recently been updated and now has a helpful table which states that you can search these areas with no consent - (Crown land other than prohibited Crown land and land where consent is required) {Hmm what is 'Prohibited" Crown land??}

Prohibited Crown land - "Prohibited Crown land is land where recreational prospecting is banned and includes land that is: A park under the National Parks Act 1975 including land that is a National, Wilderness, State or Other park or Reserve or a marine national park or marine sanctuary, except in designated areas of specific parks under that Act (see Permitted Areas in Certain Parks under the National Parks Act)"

So i looked up the National Parks Act 1975
Link to - National Parks Act 1975 - ---------------------------------------------------------
I cannot find anything stating any 'Permitted areas'  So im even more confused now...

My Questions:
- Is my Understanding of the - Crown Land(Reserves) Act 1978, sections 6, 6A or 7 Correct???
- Have i been breaking the law by going to reserves and panning?
- Are we seriously only allowed to go pan in 'permitted' areas of certain parks, or am I misunderstanding? (isn't like 1/3rd of Victoria crown land)
- Can anyone link me to these 'Permitted areas'?

Thanks.

ChaosGold
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Re: Am i breaking the law?

Post  Wombat on Fri Jan 13, 2017 12:49 am

I may be able to help you out. Up there in Maryborough we have State & Regional Parks. Maryborough Regional Park is basically owned by the Maryborough Shire but is under control by Parks Vic.You can prospect in there. Our State Park up her is called Paddy Ranges. Some areas we can prospect in and other areas are a "No Go Zone."  It is up to you to find out what sections are "No Go Zones" and what sections are OK. We also have State Forest. Most of these are detectable areas. Heritage areas are a "No Go Zone". Aboriginal sacred sites are also a "No Go Zone". Nature Conservation Reserves, some are Ok to prospect on, other are not. Parks Victoria, who control most of our Forests and Park land tells you, "That it is up to you to find out the rules and regulations on different areas that you are planning to prospect in". They now won't except the words. "I did not know I couldn't prospect here".
You can find out where and where not you can prospect by going to your local Park Rangers Office. We have one up here in Maryborough with all the regulations about prospecting and maps to go with them. So there is no excuse if you get caught in the eyes of Parks Victoria.
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Re: Am i breaking the law?

Post  deutran on Fri Jan 13, 2017 6:36 am

Hi Chaosgold
Download the maps mid page they have the areas marked in green for prospecting.
http://parkweb.vic.gov.au/visit/popular-activities/fossicking
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Re: Am i breaking the law?

Post  ChaosGold on Tue Jan 17, 2017 9:56 pm

Thank you heaps guys, that information was really helpful, i'm looking forward to planning out my next weekend.
I guess either the laws have gotten much stricter on where you can prospect in the last 25 years, or my grandpa just didnt give a Shite. Neutral  I remember going out with him when i was young to areas like Whittlesea, Yarra Glen, Panton Hill.
Not anymore haha.

Cheers Guys!

ChaosGold
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