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Fossicking Districts NSW

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Fossicking Districts NSW Empty Fossicking Districts NSW

Post  AnnieL Tue Jun 09, 2020 8:35 am

I’ve done a search on this on the forum but some of info goes back to 2013. I’m looking into doing another YouTube video and want to know what I inform people is correct. I know there  is no Miners Right/ Licence in NSW and that you have to get a Permit to detect/fossick in State Forests but can anyone confirm my understanding on these points -

1. Fossicking Districts (FD), some 96, have been established in NSW.  From what I read up on, where there is an existing Exploration Lease (EL) in these FD, you don’t need to seek the permission of the EL holder BUT you do have to get the consent of the landowner (private land) to go on the property?

2. Permission has also to be obtained if the land is held under Native Title or if it is Crown Land such as a Western Lands Lease/Pastoral lease or held under trusteeship (such as a town common)? (I think I have that right 😀)

3. It is my understanding that the Govt changed the Mining Act to give indemnity to private landowners against any liability or claim from a fossicker while on their property (so this might make access to fossicker a bit easier):-

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.”


I’ve taken the liberty to set it out as above to ‘update’ the information for the forum.

Happy for any feedback.

Cheers


Last edited by AnnieL on Tue Jun 09, 2020 8:38 am; edited 1 time in total (Reason for editing : amendment)
AnnieL
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