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Victorian Miners Right

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Victorian Miners Right Empty Victorian Miners Right

Post  Guest Mon Jan 11, 2010 11:19 am

I was just browsing through Victorian Miners Right regulations in the "Most Commonly Asked Questions" when I came to Q.41 that stated :- "Is a photocopy of a Miners Right acceptable for field inspection"?
The answer it gives is "NO"

My question is "why are you then allowed to go on line, purchase and pay for your Miners Right by card and then able to down load and print out your Miners Right all on line. Isn't that the same as a photocopy and if so it is then by Q.41 not acceptable for field inspection.
Has anyone who has a printed out copy been pulled up for a field inspection and if so what happened? I have a photocopy, printed of the net, probably like most of us in Victoria that buy them on line, so were do we stand legally?

Wombat

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Post  Guest Mon Jan 11, 2010 11:54 am

Do you sign you miners right after paying for and downloading it? If you do then a photocopy of the original signed copy may not be acceptable? I am only guessing here.

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Post  llanbric Mon Jan 11, 2010 1:02 pm

Good question Wombat, I'm in the same situation as you.

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Post  MS Mon Jan 11, 2010 1:12 pm

Hi
I always used to carry my Victorian miners right on me whilst detecting but somehow lost it one day when out.
I purchased another one from the mines dept in Horsham and they laminated it for me which protects it from getting wet and damaged.
Now I just leave it in the vehicle on the dash so it can be easily seen and I think it's more important to do that as it's the vehicle that gets spotted first and at least it can be seen what your upto.
I have been checked out once by the police which surprised me but they said a vehicle parked out in remote areas in the bush is suspect especially with fires being started and they were happy with the miners right to be kept there.
Nothing on the conditions of the document say it must be kept on the person so that's what I do.
Regards Mark
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Post  nero_design Mon Jan 11, 2010 1:14 pm

I don't understand why you can download one either. That's a bit of a mystery.

The law requires that only an ORIGINAL Miner's Right can be carried. I have already asked the government if a photocopy of the license can be carried in place of the original document and was told "No, the ORIGINAL document must be carried on your person at all times". Failure to carry an original Miner's Right meant that anyone innocently picking a nugget up off the ground was "Guilty of Theft From The Crown". I generally prefer to leave an original in the car or at home and just carry a duplicate on me.... but apparently that is not an acceptable routine.

Can't explain the ability to download an actual MR. Guessing it was perhaps only for the application form or something similar. The Government is particular about that little document. Each MR is issued from a booklet and the stub normally has to be retained and then accounted for later by whoever the person is who issues them.

Cheers,

Marco
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Post  nero_design Mon Jan 11, 2010 1:17 pm

MS wrote:
Nothing on the conditions of the document say it must be kept on the person so that's what I do.

Sorry Mark, just saw your reply. I didn't see anything on the document either. Hard to say what the law is until I get bailed up without the original on me. But I was told earlier in 2009 that if I didn't have mine (which is due for renewal around now) with me that I'd be in big trouble if it was a duplicate... and not the original.

Cheers,

Marco
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Post  Tributer Mon Jan 11, 2010 1:36 pm

Great service for out of Staters planning a trip. Purchase on line Print it out, sign it and keep it in the truck. One day i may meet someone who has had theirs checked.
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Post  jdnno1 Mon Jan 11, 2010 2:17 pm

When I was out for my very first day of detecting in Creswick about a year and a half ago I hadnt even walked to the spot when a ranger came walking down and asked for my miners right (on a Sunday). I didnt have it on me it was in the car. We walked back and I showed him my online printed miners right and he hadnt seen one like that before. I told him I got it online and printed it out, he took my details and was on his way, no problem at all. I'm sure he told me if I didnt have it he could fine me, and he said he had just fined 4 motorbike riders for unregistered bikes totaling over $2000.


Nick

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Post  Guest Mon Jan 11, 2010 2:31 pm

hi
i`m only guessing here,but i would think its like a drivers licence.if you have a licence,you are licenced,whether you can produce an original certificate or not.all they could charge you with is not producing a licence.
  if you have legally paid for it,you own it.


Last edited by day one on Sat Feb 18, 2017 10:52 pm; edited 1 time in total

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Post  Guest Mon Jan 11, 2010 10:36 pm

My MR which I have just discovered to be expired last month had to be signed by the me in order to be valid. Usually photo copies of signed documents are not valid unless you can produce some form of ID proving the signature is yours. A photocopy is when an original document exists and has been copied thereby creating more than than one item of the same kind. When you download an MR from the Net it becomes the original because it has to be signed by the purchaser and no other copy exists. Not to sure what happens if you run off a few copies of the downloaded original unsigned MR and then sign all of them.
Hmmmmm?? I think I just shot myself in the foot?? Victorian Miners Right Confused

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Post  Guest Tue Jan 12, 2010 4:54 am

I have contacted the Department of Primary Industies, Info. Centre, Melb. And they told me that the copy that you down load and then sign is recognised as the original copy. They will not except photocopy's of the originals that have been bought over the counter or down loaded on line after signing. So if you get pulled over and charged for have'n a down loaded M.R. that you have signed for after copying, then you have a good case of fighting it and winning. Victorian Miners Right Icon_biggrin


Last edited by Wombat on Tue Jan 12, 2010 8:03 am; edited 1 time in total

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Post  Guest Tue Jan 12, 2010 7:41 am

Whew dat be good to know coz now I know I din get shot in da foot.

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Post  kon61 Sat Feb 20, 2010 4:05 pm

Hi there Wombat.

Miners right I can understand, Bureaucratic nonsense I can not. It's getting to a stage where common sense won't be common any more,and that fines will prevail.


Happy Prospecting.
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Post  Guest Sat Feb 20, 2010 11:29 pm

The Victorian Miners Right is on the cards to be scrapped because the Guv does not profit from it and it is too much of a hassle to administer.
Anybody prospecting and fossicking under the conditions layed down by the current Miners Right will still be subject to the same regulations but you won't need to purchase a Miners Right.

Another suggestion is that if the Miners Right is retained, people who hold a Senior's Card would not need a Miners Right.
What say you to that my fellow Diggers?

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Post  goldenbrown Sun Feb 21, 2010 1:32 am

Hi Adrian.ss,
This is a very relevant subject to us all and all heads should be up taking notice. This topic has been covered if you go to the General Discussion Forum, under "news from PMAV".
I've joined the PMAV to give them all the help they can get. They are at the front line fighting for us. If they do get rid of the Miners right then you would open the door wide to corruption and illegal opperating. People would still go prospecting (in camo), at night time etc... Lets look after what we have and maintaining the miners right gives us the guidance and leads us to education via good forums like this one,
Cheers, goldenbrown...
p.s Once the miners right goes, the government will fase out the rights we have and prospecting will become increasingly difficult. It's happened in other states....... Victorian Miners Right Icon_sad
By the way Wombat, great topic mate, I've been wondering about the printed copy I have. Lets hope it can be clarrified. Nobody want's to be fined for apparently doing the right thing...
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Post  Guest Sun Feb 21, 2010 6:27 am

Not only the Miners Right but it looks like the Mining Warden is going too.

Politicians. Don't get me started. I HATE THEM ALL WITH A PASSION:evil: Evil or Very Mad Evil or Very Mad

Do the right thing and join PMAV or APLA or whatever body that works for us prospectors and miners in your area.
If we let the greenies and the guvmint have their way we'll only see gold in the museum!!!

Robert

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Victorian Miners Right Empty Print Two Copies ?

Post  hunter2003 Tue Feb 23, 2010 1:56 pm

Why not just print two copies, and sign both, good one in veh, who cares one in battery pouch on harness....

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Post  Guest Tue Feb 23, 2010 11:59 pm

My understanding is that it just has to be produced upon request. That does not mean from your pocket or from your person, it could be from your car. So long as you can show it when required. Victorian Miners Right Icon_idea It must be carried at all times Victorian Miners Right Icon_exclaim not necessary to be on your person, as long as you can get it from your vehicle Victorian Miners Right Icon_arrow I think will do.

cheers dave

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Post  Guest Wed Feb 24, 2010 7:31 am

Adrian, I have a Seniors card but I also have a Vic Miner's right and want to keep it that way.

Robert

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Post  Guest Fri Jul 09, 2010 12:12 pm

I have just renewed my Vic miners Right and I can say that a signed downloaded copy of the MR is not a legal document. Only the original that arrives via the post or issued from an approved outlet is a legal document.

Adrian SS

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Post  goldenbrown Mon Aug 02, 2010 12:19 pm

Adrian SS wrote:I have just renewed my Vic miners Right and I can say that a signed downloaded copy of the MR is not a legal document. Only the original that arrives via the post or issued from an approved outlet is a legal document.

Adrian SS

Hi Adrian,
As far as i know, once you sign that printed copy it becomes a legal document. As long as you don't photo copy your original signed copy, you should be right...
cheers goldenbrown...
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Post  Guest Mon Aug 02, 2010 12:32 pm

When I downloaded the copy of my Miners Right I sent an Email asking if I signed that copy could I use it in the meantime until the original arrived and was told No the copy is not a legal Miners Right.

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Post  Guest Mon Aug 02, 2010 2:06 pm

jdnno1 wrote:When I was out for my very first day of detecting in Creswick about a year and a half ago I hadnt even walked to the spot when a ranger came walking down and asked for my miners right (on a Sunday). I didnt have it on me it was in the car. We walked back and I showed him my online printed miners right and he hadnt seen one like that before. I told him I got it online and printed it out, he took my details and was on his way, no problem at all. I'm sure he told me if I didnt have it he could fine me, and he said he had just fined 4 motorbike riders for unregistered bikes totaling over $2000.


Nick
He had no legal right to demand to see your miners right --he can ask if you have one ! Victorian Miners Right Icon_twisted

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Post  HueyDuck Mon Aug 02, 2010 2:46 pm

Ive got another year left on my miners right, but does anybody know how much a ten year miners right licence is???...is it a little cheaper or the same amount???

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Post  GoldstalkerGPX Mon Aug 02, 2010 3:07 pm

G'day HD, I just had a look on the DPI website and there is only the 2 year option for $29.90 so they haven't updated thier website yet, I would assume that there will be no saving for a 10 year miners right though.

To previous post if you read on the back of your miners right it does state....

58. OBLIGATIONS OF HOLDER

(3) The holder of a miner's right must produce the miner's right for inspection if asked to do so by an inspector or any person acting uner a delegation conferred under section 91(b).
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Post  HueyDuck Mon Aug 02, 2010 3:52 pm

Thanks Goldy,

Did the same had a good look around that site too...yer just interested if you or any of the forum members knew...doesnt matter someone will get one one day and tell us, but i really appreciate you taking the time.

HueyDuck....
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Post  Guest Mon Aug 02, 2010 3:58 pm

DNRE rangers are not entitled under law to demand to see your miners right in Victoria -- the mines Warden is and so is the mines inspector -- and as to issuing fines to any road user ,that's a job for a police person-- know your rights and responsibilities!

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Post  Guest Mon Aug 02, 2010 4:05 pm

Just to play it safe and as a goodwill gesture, I'd show the ranger or anyone asking..even damn santa claus!
If you have one, no probs! If you don't produce one, even if he doesn't have the right to demand to see it you can bet your testes he'll have the blokes who can knocking on your door demanding

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Post  Guest Mon Aug 02, 2010 4:05 pm

Wombat ,to your original question as to the down loaded miners right ,i asked a head ranger recently and his response was"when you down load the right and sign it it is seen as an original" so do not copy the one you have signed as that one is a forgery ie coppied.

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Post  Guest Mon Aug 02, 2010 4:09 pm

madtuna wrote:Just to play it safe and as a goodwill gesture, I'd show the ranger or anyone asking..even damn santa claus!
If you have one, no probs! If you don't produce one, even if he doesn't have the right to demand to see it you can bet your testes he'll have the blokes who can knocking on your door demanding

I have no problems with showing my license to a ranger and i often do but if the ranger gives me attitude about my legal activity i will be less receptive to his demanding to see my license-- I always extend the hand of friendship first. Victorian Miners Right Icon_biggrin

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