Can prospector peg claims on rural properties in NSW ?

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Can prospector peg claims on rural properties in NSW ?

Post  Imadogman on Sun Aug 14, 2011 7:27 pm

I was out and about today tracking down some old mines near ACT. Finally located the one I was looking for - old alluvial deposit. Talking to the person who was renting the property that it is on, he told me the owner was unlikely to let me detect there because some fossicker/weekend prospector had attempted to put a claim on it a few years ago. The story was the person had received permission from the landowner to fossick, found payable gold, but then wanted to put a claim on it. It dragged through the courts but then the case was thrown out because the gold fever struck prospector took to entering without permission.

First question: Is it possible that once permission is granted, that the landowner loses the right of ownership if someone tries to put a claim on it? Sounds like a Prxxxact to do that.
Second question: Is there a way that I can 'ease' concerns of a land-owner. For example, give him a stat-dec that I won't try and put a claim on it?
It probably would have made sense to try to cut a deal with the landowner. Any thoughts out there about this scenario ?

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Re: Can prospector peg claims on rural properties in NSW ?

Post  Guest on Thu May 17, 2012 2:16 pm

even if you get a EL or ML on a privetly owned property you still have to negotiate access with the owner,
this would be a head ache and would probably end up in court to. And I don't like to treat others like this so I always come to an agreement that benefits both partys so every body's happy (sometimes a case of beer or some times a percentage split) Ive found this works very well for me Ive even had other farmers offer for me to look on there property after hearing of my honest dealings with the others, it can open whole areas for you.

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Re: Can prospector peg claims on rural properties in NSW ?

Post  Guest on Fri May 18, 2012 9:46 am

Hmmmm,thats strange.
Recently my mates and I got the boot off a renewed ML,on the authority of the Mining companies head office.
What buggered me is we have had permission from the Land owner for the past 8 years there Suspect
I think the Company must have applied pressure to the land owner,so they could chuck us off.
Considering we were only after the dregs on the surface,and they were going deep underground chasing the reefs,it dosent make sense.
It could have been an insurance issue?

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EL

Post  LeeSMaz on Fri Dec 21, 2012 11:31 pm

Actually an EL gives u absolute access.
The land owner has 28 days to agree or a mediated agreement gets forced on them.

Kinda nasty really.

Poor chap pays thousands in interest and with a cheap EL part of his property becomes someone elses until they lose interest in it.
A token compensation payment would be in there somewhere.

Can c why the land owners wouldnt want anyone on their property if they have a say about it.





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Re: Can prospector peg claims on rural properties in NSW ?

Post  Guest on Sat Dec 22, 2012 8:45 am

I did not think an EL does not give absolute access, before any work can be done on privatly owned land that an EL covers an agreement must first be reached with the land owner. In some cases it may just be not to make a mess in others it may be compensation (if drilling or testing is done somewhere that may affect the property owner). But an agreement must still be made as an EL does not grant access to private property.

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