Some good news on liability for fossickers in NSW

NAPFA Tue Jul 15, 2014 10:31 pm

After a sustained representation effort over about 12 months including a ministerial meeting, NAPFA is pleased to draw your attention to a new posting on the Department of Resources and Energy Website about “Landholder Indemnity”. See the text and link below.

In plain English it means if you have permission of a landholder to fossick on the land, then the landowner can’t be sued by you or as a result of something you do or don’t do.

This will help you to get permission off landowners who we all know often say “no” because they are scared of getting sued if you injure yourself.

It is interesting that this clause has always existed in the legislation but has not been identified or understood by fossickers.

What NAPFA has done is to confirm that fossicking is in fact covered by the Indemnity (this was not clear), and to have it put in a prominent place on the Resources and Energy website.

It is suggested you print it out and show it to landholders if they are concerned about liability. Any feedback would be appreciated.

Note that it does NOT provide you with any liability protection or insurance. But it is a very welcome ruling for us. And I call it a 'win'.

Please note that I am not a lawyer and my post is not legal advice; nor it is it legal advice from NAPFA. It is a statement based on information received from the Department.

http://www.resourcesandenergy.nsw.gov.a … ing-in-nsw
Landholder indemnity
Fossicking is a lawful activity under Section 12 the Mining Act 1992 (the Act). The Act states the following under section 383C General immunity of landholders:
(1) The landholder of land within which any person (other than the landholder) is authorised to exercise any power or right:
(a) by or under this Act, or
(b) by any authority, mineral claim, opal prospecting licence or permit under this Act,
is not subject to any action, liability, claim or demand arising as a consequence of that person's acts or omissions in the exercise, or purported exercise, of any such power or right.
(2) In this section, landholder includes a secondary landholder.

Cheers
Stephen
President
NAPFA