NSW Highbanking - what is the current state of play?

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Rastys 1964

Rastys 1964

Richard Scott
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Can anyone clear up where you can/cannot use a highbanker in NSW?
I have heard that a person was prosecuted for using a powered sluice in the peel river at Bowling Alley Point but I suspect that that was a dredge.
Any info greatly appreciated.

Regards

Richard
 
Hi Richard

There are signs up around Bowling Alley point that says no pumps allowed so that could explain the prosecution. At nundle you could use a gravity feed sluice or highbanker if you could be bothered.
 
There are several areas which have been classified "Hand Tools" only, and these are usually close to high tourist traffic areas. I have had a prominent lawyer friend of mine double check if any precedents have been set from using hi-bankers in NSW, and the results have come back negative. There has however been several prosecutions involving dredges, and the precedent has well and truly been set. Get caught and you "WILL" be prosecuted.

Cheers Wal. :)
 
Hey Pauly are the signs around Bowling Alley Point legitimate council signs or are they ones that have been put up by someone else. Given Council is constitutionally not a recognised tier of Government (that would make them a private sector group/organisation) I wonder if they even have the right to override legitimate state government legislation?
 
G'day

It's perfectly legal to use a Highbanker in NSW. The mining act 1996 and the pump moving the water from A to B is covered by the water management act 2000.
The person that was prosecuted was 'Nundle Guy' and his mate for dredging and he most likely put up the signs as his land is around Bowling Alley Point. He has put up signs all along the river in the past. I suspect he is also responsible for the highly biased anti-fossicker pics of the Peel River on GE. (Feel free the flag these pics so they are removed)

Cheers

Chimpy
 
Thanks for the info.
After watching the video of wal and Liz chasing gold and sapphires (2of my favourite things) I am just going to have to build a high banker.
Has anyone targeted sapphires in the New England area with a high banker? Might be worth a go.

Regards
Richard
 
Uralla is good for gold and sapphires , I spent a few weeks there highbanking not long ago and did really well.

DD
 
Thanks DD.
Wuss that at the public area? I have passed through there on a few trips and found the meals at the Matilda are great. Might have to spend a couple of days there soon.

Regards
Richard
 
Yeh mate in the Rocky river, walk a few hundred meters up/down stream. Look for areas where the rounded ironstone is sitting and start digging. Loads of ultra fines in the sand, the odd bigger bit on the bedrock. I got most of the sapphires and topaz crevicing between the granite boulders. The chicken, bacon and gravy rolls at the Matilda are great. The top pub does really good meals too, very cheap. The bakery pies are huge and bloody good value too. Top spot all round in my book.

DD
 
hi there all..what are the legalities of walking upstream/downstream to find more remote and less visited areas where there are fences involved, i.e crossing and walking around fence lines.
I know that in NSW fishing regulations, as long as you stay in the riparian zone ( below high water mark) it cannot be classed as trespassing, as no-one "owns" or has legal rights to a natural watercourse, do the same laws apply to fossiking?
 
westatrest said:
hi there all..what are the legalities of walking upstream/downstream to find more remote and less visited areas where there are fences involved, i.e crossing and walking around fence lines.
I know that in NSW fishing regulations, as long as you stay in the riparian zone ( below high water mark) it cannot be classed as trespassing, as no-one "owns" or has legal rights to a natural watercourse, do the same laws apply to fossiking?
Click to expand...

Same rules for fossicking mate, the creeks/rivers are crown land.

DD
 
Chimpy said:
G'day

It's perfectly legal to use a Highbanker in NSW. The mining act 1996 and the pump moving the water from A to B is covered by the water management act 2000.
The person that was prosecuted was 'Nundle Guy' and his mate for dredging and he most likely put up the signs as his land is around Bowling Alley Point. He has put up signs all along the river in the past. I suspect he is also responsible for the highly biased anti-fossicker pics of the Peel River on GE. (Feel free the flag these pics so they are removed)

Cheers

Chimpy
Click to expand...

I saw these photos on GE and was wondering who the sour so'n'so was.. maybe we should try a bit harder to flag these pics so they are taken off..

Ill have another look now cause I didnt know you could flag/report images
 
Hi All,
I know of one exception to the riparian zone rule, not that it applies to prospecting though. There are probably more.
The boundary of the property owned by the Smith's at Dargle on the Hawkesbury River takes in half of the river.

Cheers
Mick
 
backcreek said:
Hi All,
I know of one exception to the riparian zone rule, not that it applies to prospecting though. There are probably more.
The boundary of the property owned by the Smith's at Dargle on the Hawkesbury River takes in half of the river.

Cheers
Mick
Click to expand...

I have heard of this in NSW a bit. It exists under an old rule (Queens Chain). Some links on our clear as mud rules:

https://sites.google.com/site/nswangleraccess/access-rights-and-privileges

http://www.exploroz.com/Forum/Topic/45914/Public_access_to_waterways_on_private_land.aspx
 
I suppose as long as you don't start undermining the riverbank on ol cocky's land, he shouldn't have any reason to get acid on you..has anyone ever been challenged on this issue by the land holder?
 
westatrest said:
I suppose as long as you don't start undermining the riverbank on ol cocky's land, he shouldn't have any reason to get acid on you..has anyone ever been challenged on this issue by the land holder?
Click to expand...

There is an old bat down Nerrigundah who often tries to kick people out of the creek, a bit of a nutter, most people who know there rights just ignore her.

DD
 
Hi all,iv heard a bit about these rules here at nundle! The signs are fake and put up by a guy called fullton i believe . A young miner here rang the council to check this too.pump away to your hearts content.
Don't undermine the bank though, as the fishing inspector will have something to say.
 
I'm still a little confused as to whether its ok to use a highbanker at Nundle, and if the apparent signage re Nundle guy is legitimate. Does someone have a definitive answer?

Peter
 

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