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#1

PaulFritz
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Joined: 01 August 2013
Posts: 60
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29 August 2013 06:10 pm

Does anyone know where the Legislation is that has classified these streams as not being able to be prospected?

http://www.dpi.vic.gov.au/earth-resourc … cking/faqs

13. Can the holder of a Miner’s Right prospect in Victorian River beds?

Yes, but there are exclusions (see List of exempted rivers and streams).

List of Exempted Rivers and Streams

LIST OF RIVERS, RIVULETS, CREEKS, CHANNELS, AQUEDUCTS, LAKES, RESERVOIRS, SWAMPS, INLETS, LOUGHS and STRAITS (see Question 13)

The Order in Council, dated 23rd May 1881 (Gazette 27th May 1881, page 1389)

Aberfeldy River (Tributary of Thompson River)
Acheron River (Tributary of Goulburn River)
Agnes River
Aire River
Albucutya Lake
Albert River
Anderson’s Inlet
Anderson’s and MacKenzie Creek (Tributary of of Wallaloo Creek)
Avoca River and ana-branches
Avon River (in County of Tanjil, Tributary of Lake Wellington)
Avon River (in County of Kara Kara,
Avon Creek (in County of Kara Kara, Tributary of Avon River)
Axe Creek (Tributary of Campaspe River)
Back or Boosey Creek Tributary of Broken Creek)
Bael Bael Lake
Baillie’s Creek (Tributary of Mount Emu Creek)
Barham River (see Burrum Burrum)
Barkly River (Tributary of Macalister River)
Barr Creek (Effluent of Gunbower Creek)
Barwidgee Creek (see Myrtle)
Bass River
Belfast Lough and channel
Bemm River
Benambra Creek (Tributary of Piccaninny Creek)
Bet Bet Creek (Tributary of Loddon River)
Big River (in County of Bobong, Tributary of Mitta Mitta River)
Big River (in County of Wonnangatta, Tributary of Goulburn River)
Black River (Tributary of Goulburn River)
Black Dog Creek (see Doma Munji)
Boggy Creek
Bolangum Creek (Tributary of Avon River in County of Kara Kara
Boort Lake and channel
Box Creek (Tributary of Pyramid Creek)
Bream Creek (see Thompson’s)
Briggs Creek (Tributary of Mount William Creek)
Broken River (Tibutary of Goulburn River)
Broken Creek Tributary of Murray River
Brucknell Creek Tributary of Hopkins River
Buchan River Tributary of Snowy River
Buckland River Tributary of Ovens River
Buffalo River Tributary of Ovens River
Bullabul Creek Tributary of Loddon River
Bullarook Creek Tributary of Tullaroop or Deep Creek
Bullock Creek Tributary of Pyramid Creek
Bundarra River (in County of Bogong) Tributary of Big River
Buneep or Bunyip River
Bunga Lake and islands (in County of Tanjil)
Bungalally Creek Tributary of Bet Bet Creek
Bunyip Creek
Burn Bank Creek
Burnt Creek Tributary of Wimmer River
Burn Bank Creek
Burnt Creek (in County of Gladstone) Tributary of Bet Bet Creek
Burnt Creek Tributary of Wimmer River
Burrowye Creek Tributary of River Murray
Burrum Burrum or Barham River
Calder River Tributary of Calder Lade
Calder Lake and channel
Campaspe River Tributary of River Murray
Campbell’s Creek (see Carapooee)
Cann River Tributary to Lake Furnell
Caralulup Creek Tributary to Bet Bet Creek
Carapooee of Campbell’s Creek Tributary of Avoca River
Cardinia Creek
Carrum Swamp Channels
Castle Creek Tributary of Goulburn River
Cobungra Creek (in County of Bet Bet) Tributary of Big River
Coimadai Creek Tributary of Werribee River
Coliban River
Coliban, Little River Tributary of Coliban River
Concongella River Tributary of Wimmera River
Condah Lake
Connewarre Lake and channel
Cooper Lake
Coorong Lake
Cooyatong or Koetong Creek Tributary of River Murray
Cornella River Tributary of Lake Cooper
Corong or Coorong Lake
Corryong or Jeremal or Nariel Creek Tributary of River Murray
Crawford River Tributary of Glenelg River
Creswick Creek Tributary of Tullaroop or Deep Creek
Crooked River Tributary of Wongungarra River
Cudgewa Creek Tributary of River Murray
Curdie’s River
Curdie’s Inlet
Dabyminga Creek Tributary of Goulburn River
Daisy Hill Creek Tributary of Mount Greenock Creek
Gibbo Creek
Dandenong Creek
Dargo River Tributary of River Murray
Darlot’s Creek
Deddick or Jingallala River Tributary of Snowy River
Deegay Ponds Creek Tributary of Goulburn River
Deep Creek (see Tullaroop)
Delatite River Tributary of Goulburn River
Denison Lake and channel
Djerriwarrh Creek Tributary of Werribee River
Doctor’s Creek Tributary of Bet Bet Creek
Doma Mungi or Black Dog Creek Tributary of Murray River
Donnelly’s Creek Tributary of Aberfeldy River
Duck Ponds Creek
Erskine River
Eumeralla River
Fenton’s Creek Tributary of Avoca River
Fifteen-mile Creek Tributary of Ovens River
Fitzroy River
Forest or Mannering Creek Tributary of Campaspe River
Franklin River
Fulton’s Creek Tributary of Aberfeldy Creek
Furnell Lake and channel
Fyans or Mount Fyans Creek Tributary of Mount William Creek
Gaffney’s Creek Tributary of Goulburn River
Gellibrand River
Kangaroo Creek Tributary of Malmsbury River
Genoe River
Glenelg River
Glengower Creek (see Joyce’s)
Glenpatrick Creek Tributary of Wimmera River
Gobur or Godfrey’s Creek Tributary of Home Creek
Heifer Station Creek Tributary of Wimmera River
Hindmarsh Lake
Hodgson’s Creek Tributary of Ovens River
Holland’s Creek Tributary of Broken River
Home Creek Tributary of Goulburn River
Honeysuckle Creek (see Violet Ponds)
Hopkins River
Howqua River Tributary of Goulburn River
Hughes Creek Tributary of Goulburn River
Indigo Creek Tributary of River Murray
Jack Rivulet Tributary of Albert River
Jamieson River Tributary of Goulburn River
Jeremal Creek (see Corryong)
Jerusalem Creek Tributary of Goulburn River
Jim Crow Creek Tributary of Loddon River
Jingallala or Deddick River Tributary of Snowy River
Jones or Waanyarra Creek Tributary of Loddon River
Kanannook Creek
Kangderaar Creek Tributary of Bullabul Creek
Kelfeera Creek (see Kilfera)
Kiewa River Tributary of River Murray
Kilfera or Kelfeera Creek Tributary of Hollands Creek
King Lake and islands
King River Tributary of Ovens River
King Parrot Creek Tributary of Goulburn River
Kinypanyal or Kinypanial Creek Effluent of Loddon River
Koetong or Cooyatong Creek Tributary of River Murray
Koo-wee-rup Drainage channels
Koo-wee-rup Swamp
Korjamunip Creek Tributary of Werribee River
Korkuperimul Creek Tributary of Werribee River
Korweinguboora Creek Tributary of Korjumunip Creek
Danmunkle Creek Effluent of Wimmera River
Emu Creek Tributary of Axe Creek
Landsborough Creek
Lang Lang River
La Trobe River Tributary of Lake Wellington
Lerderderg River Tributary of Werribee River
Lexington Creek
Little River (in County of Grant)
Little Coliban River Tributary of Coliban River
Little Wimmera River (see Mount William Creek
Livingstone Creek Tributary of Mitta Mitta River
Lockhart’s Creek (in County of Bogong) Tributary of Sandy Creek
Loddon River Tributary of River Murray
Lonsdale Lake
Lyndger Lake and channel
Macalister River Tributary of Thompson River
Maclennan’s Straits
Mackenzie Creek (see Anderson’s)
Mackenzie (see McKenzie River)
Magorra Creek or West Branch of Snowy Creek Tributary of Snowy Creek
Mallacoota Inlet and arms and islands
Malmsbury Reservoir
Mannering or Forest Creek Tributary of Campaspe River
McCallum’s Creek (see Mount Greenock)
McIvor or Mt Ida Creek Tributary of Campaspe River
McKenzie River and to Norton Creek Tributary of Wimmera River
Merton Creek Tributary of Delatite River
Middle Creek Tributary of Joyce’s Creek
Mitchell River Tributary of Lake King
Mitta Mitta River Tributary of River Murray
Moe River Tributary of La Trobe River
Moorarbool River Tributary of Barwon River
Morass (see Murphy) Creek
Mordialloc Creek
Morse’s Creek Tributary of Ovens River
Morwell River Tributary of La Trobe River
Mountain Creek Tributary of Avoca River
Mount Cole Creek Tributary of Avoca River
Mount Emu Creek Tributary of Hopkins River
Mount Fyans or Fyans Creek Tributary of Mount William Creek
Mount Greenock or McCallums Creek Tributary of Tullaroop or Deep Creek
Mount Hope Creek Tributary of Kow Swamp
Mount Ida or McIvor Creek Tributary of Campaspe River
Mt William or Little Wimmera River Tributary of Wimmera River
Moyne River and Swamp channel
Muddy (see Yea River) Creek
Murphy or Morass Creek Tributary of Gibbo Creek
Kow Swamp
Lalbert Lake
Labert Creek Effluent of Avoca River
Murrindal River Tributary of Buchan River
Myrniong Creek Tributary of Werribee River
Myrtle or Barwidgee Creek Tributary of Ovens River
Myrtle Creek Tributary of Coliban River
Nariel Creek (see Corryong)
Narracan Creek Tributary of La Trobe River
Niagara or Snobs Creek Tributary of Goulburn River
Nicholson River Tributary of Lake King
Norton Creek and aqueduct from Mackenzie River Tributary of Wimmera River
Outlet Creek from Lake Hindmarsh and from Lake Albucutya
Ovens River Tributary of River Murray
Parker River
Parwan Creek Tributary of Werribee River
Piccaninny Creek Tributary of Mount Hope Creek
Pohlman’s Creek Tributary of Wild Duck Creek
Porbenurrock Swamp Drainage channel
Purrumbete Lake
Pyramid Creek Tributary of Loddon River
Reedy Creek Tributary of Ovens River
Reeve River and islands
Richardson River (in County of Kara Kara) Tributary of Avon River
Richardson Creek Tributary of Richardson River
Rubicon River Tributary of Goulburn River
Meadow Creek Tibutary of king River
Merri River
Merriman’s Creek Tributary of Lake Dennison
Serpentine Creek Effluent of Loddon River
Seven Creeks Tributary of Goulburn River
Seven-mile Creek Tributary of Wimmera River
Shaw River
Six-mile Creek Tributary of Wimmera River
Snobs (see Niagra) Creek
Snowy River
Snowy Creek Tributary of Mitta Mitta River
Spring Creek
Spring Hill Creek Tributary of Mount Emu Creek
St Arnaud Creek Tributary of Carapooee Creek
Steavenson River Tributary of Acheron River
Stockyard Creek
Stokes River Tributary of Glenelg River
Strathfillan Creek Tributary of Carapooee Creek
Stringer’s Creek Tributary of Thompson River
Sunday Creek Tributary of Goulburn River
Surry River
Swede’s Creek Tributary of Richardson River
Sydenham Inlet
Tallandoon Creek
Tallangatta Creek Tributary of Mitta Mitta River
Tambo River Tributary of Lake King
Tamboon Inlet
Tanjil River
Murrabit River Tributary of Loddon River
Murray River and ana-branches
Thompson River Tributary of La Trobe River
Thompson’s of Bream Creek Tributary of La Trobe Creek
Thowgla Creek Tributary of Corryong Creek
Timbarra River Tributary of Tambo River
Timor Creek Tributary of Bet Bet Creek
Toolern Toolern Creek Tributary of Werribee River
Toomuc Creek
Tooginbooka River Tributary of Snowy River
Traralgon River Tributary of La Trobe River
Trawalla Creek Tributary to Mount Emu Creek
Tullaroop or Deep Creek Tributary of Loddon River
Tyers River Tributary of La Trobe River
Tyers Lake and arms and outlet to Ninety-mile Beach
Tyrell Creek Effluent of Avoca River
Tyrell Lake
Victoria Lake and islands
Victoria River Tributary of Cobungra Creek
Violet Ponds of Honeysuckle Creek Tributary of Seven Creeks
Waanyarra Creek (see Jones)
Wabba Creek Tributary of Cudgewa Creek
Wallaloo Creek Tributary of Richardson River
Wannon River Tributary of Glenelg River
Wellington Lake
Running or Black Range Creek Tributary of King River
Sandy Creek (in County of Kara Kara) Tributary of Avon River
Wingan River
Wingan Inlet
Wombat Creek Tributary of Jim Crow Creek
Wongungarra River Tributary of Wonnangatta River
Wonnongatta River Tributary of Mitchell River
Yackandandah Creek Tributary of Kiewa River
Yallock Creek
Yambuk Lake and channel to the sea
Yarra River
Yarriambiack Creek Effluent of Wimmera River
Yarrowee River Tributary of Barwon River
Yea River (formerly Muddy Creek) Tributary of Goulburn River
Wentworth River Tributary of Mitchell River
Tarago River Tributary of Bunyip River
Tarwin River
Werribee River
Wild Duck Creek Tributary of McIvor Creek
Wimmera River and ana-branches

#2

PaulFritz
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Joined: 01 August 2013
Posts: 60
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29 August 2013 06:20 pm

I ask because looking at the actual Gazette 27th May 1881, page 1389

1377760698_gazette_27th_may_1881_page_1389.jpg

Its says that these areas were to be permanently reserved from sale.  Not from prospecting.

#3

Balx
Banned
Banned
29 August 2013 06:48 pm

The age old quest of getting around these exemptions. haha. Everyone has had a crack at this from a million angles, save your study time and put it into finding creeks that arnt exempt. Its a shocker, i know. So many rivers in my area are on it. But your fighting a losing battle, get caught in one of those rivers you lose your gear, your gold and your car.

1 user likes this post: Ag Man

#4

HeadsUp
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29 August 2013 07:36 pm

okay thats news to me

just when you thought you had done the right thing and covered all the bases ?

so its not just national parks that are excluded ?

its also the above rivers that no bugga ever told us about ?

excluding national parks and nature reserves / conservation areas are there any like the above that are excluded NSW ?


On a mission to rescue as many gold nuggets as i can before those poor souls get washed out to sea . GPX5000 smilemaker , self built highbanker and enthusiastic shovel

#5

Marked
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Joined: 29 August 2013
Posts: 337
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29 August 2013 07:38 pm

The links you provided in that other thread in reference to this subject made interesting reading, Paul; perhaps you should include them here.

I have a feeling that everything is left very grey to leave the impression one should just stay away from those rivers/creeks...and provide rangers with the ability to move on the more destructive practitioners of the past-time?

One branch of our family was able to eat by mining adjacent to the Mitta River (on the list) during the great depression...and even published takings in the Argus...but perhaps as they had a claim that made it alright?

Having holidayed in the area recently, the only prohibition mentioned by the locals was the one to do with dredging.

If you have the money to gamble on legal fees, it seems that there may be grounds for escaping prosecution.

Perhaps reading the Land Act that the list refers to, and every Ammendment to the act made since that may be persuant to the subject may be necessary for a definitive answer on how much of a gamble a legal challenge would actually be?


"The Sun's not Yellow, It's Chicken." Bob Dylan - Tombstone Blues (Highway 61 Revisited{1965})

#6

Danielkrupski
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Joined: 02 July 2013
Posts: 328
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29 August 2013 07:56 pm

And your car? Your kidding! Buy a shite box or buy a push bike leave the car up the road and ride down. What a joke

#7

Balx
Banned
Banned
29 August 2013 08:06 pm

Everyone has stories about these streams getting mined. But what you forget back in the day there was no green movement, No one policed the law because no one complained, The government even helped people fossick in them during the great depression and we all know what they were well dregded in the 80's. The more people that break this law the more rivers we are going to get kicked out of, Whats more the people that dont care about these laws are usually the same ones that destroy the creeks and ruin it for the rest of us. Dig next to the exempt creeks above the banks, its totally legal just back fill your hole. There is plenty of legal creeks and streams, and who knows one day they may let us back in, although I highly doubt it.

#8

Marked
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29 August 2013 08:28 pm

This may be relevent to the discussion, but being rather new, I haven't the ability to post a link to the original document...so an excerpt from a "Victorian National Parks Association" letterheaded document regarding the "VEAC Investigation into Additional Prospecting Areas in Parks" dated February 2013":

Management of prospecting is very poor in Victoria, with widespread lack of compliance and. As far as we are able to ascertain, no-one has been charged with a prospecting related offence in a Central Victorian national park since the parks were proclaimed, and there is little evidence of effective supervision elsewhere in the State. We are aware of occasions when significant damage was reported to Parks Victoria but, possibly due to poor levels of staffing, no action was taken.


"The Sun's not Yellow, It's Chicken." Bob Dylan - Tombstone Blues (Highway 61 Revisited{1965})

#9

Balx
Banned
Banned
29 August 2013 09:10 pm

Still worth the risk fellas? wowzers. $140k isnt a bad deterrent. http://www.dpi.vic.gov.au/about-us/legi … -resources

Section 8(1)     144.36     1000     $144,360.00     A person, other than the Crown, must not prospect, fossic or otherwise search for minerals, or carry out any exploration or mining, on any land unless the person does so in accordance with a licence, a miner's right or tourist fossicking authority or the person benefits from a relevant minerals exemption in the case of a corporation.

#10

garnethawkins
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Joined: 08 May 2013
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29 August 2013 11:48 pm

My god that's a long list! Im surprised there are many places left to prospect! glasses


I haven't FAILED to find were the gold IS... I have SUCCEEDED in finding were its NOT!

#11

XIV
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30 August 2013 07:16 am

i see it has some lakes
but say lake eildon for example, not on the list, but the rivers running into it are
now can you prospect the lake, not the river, but below the mouth?
i ask only as it may be a  loop hole
could you prospect the mouth of the river then the water level drops in the lake? as you can fish rivers below the mouth when water levels drop( still inside the lake boundary)


One can never be wrong at doing the right thing.

#12

PaulFritz
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30 August 2013 08:06 am

I dont see how this is relevant as we all have a miners right dont we?

Balx wrote:

Still worth the risk fellas? wowzers. $140k isnt a bad deterrent. http://www.dpi.vic.gov.au/about-us/legi … -resources

Section 8(1)     144.36     1000     $144,360.00     A person, other than the Crown, must not prospect, fossic or otherwise search for minerals, or carry out any exploration or mining, on any land unless the person does so in accordance with a licence, a miner's right or tourist fossicking authority or the person benefits from a relevant minerals exemption in the case of a corporation.

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#13

PaulFritz
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30 August 2013 08:16 am

On what grounds would you lose your gear, gold and car?  I still have not come across anywhere that it is actually breaking the law to prospect in those areas.
There areas were reserved from SALE back in the day for the purposes of keeping them available for PUBLIC USE today, not to form a list of exempted rivers and streams.

It seems the title of List of Exempted Rivers and Streams has been slapped onto the list of rivers and streams that were reserved by the Commissioner of Crowns Lands and Surveys back in 1881 by the DPI???

Balx wrote:

The age old quest of getting around these exemptions. haha. Everyone has had a crack at this from a million angles, save your study time and put it into finding creeks that arnt exempt. Its a shocker, i know. So many rivers in my area are on it. But your fighting a losing battle, get caught in one of those rivers you lose your gear, your gold and your car.

#14

Balx
Banned
Banned
30 August 2013 09:27 am

PaulFritz wrote:

I dont see how this is relevant as we all have a miners right dont we?

Balx wrote:

Still worth the risk fellas? wowzers. $140k isnt a bad deterrent. http://www.dpi.vic.gov.au/about-us/legi … -resources

Section 8(1)     144.36     1000     $144,360.00     A person, other than the Crown, must not prospect, fossic or otherwise search for minerals, or carry out any exploration or mining, on any land unless the person does so in accordance with a licence, a miner's right or tourist fossicking authority or the person benefits from a relevant minerals exemption in the case of a corporation.

Ummm, it says a licence, a miner's right or tourist fossicking authority So if you or carry out any exploration or mining, on any land unless the person does so in accordance with any of those three ie panning in excempt streams you could get this. Couldnt be more clear cut, Plus dont forget its only in the river beds of these creeks, you can go up above the banks. I am not here to convince you, not my 140k but that couldnt be more clear cut.

#15

Balx
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Banned
30 August 2013 09:36 am

PaulFritz wrote:

On what grounds would you lose your gear, gold and car?  I still have not come across anywhere that it is actually breaking the law to prospect in those areas.
There areas were reserved from SALE back in the day for the purposes of keeping them available for PUBLIC USE today, not to form a list of exempted rivers and streams.

It seems the title of List of Exempted Rivers and Streams has been slapped onto the list of rivers and streams that were reserved by the Commissioner of Crowns Lands and Surveys back in 1881 by the DPI???

Balx wrote:

The age old quest of getting around these exemptions. haha. Everyone has had a crack at this from a million angles, save your study time and put it into finding creeks that arnt exempt. Its a shocker, i know. So many rivers in my area are on it. But your fighting a losing battle, get caught in one of those rivers you lose your gear, your gold and your car.

Nah i couldnt find this law, must be up to the courts, Although I did read it happend to 3 guys who cut out the bank somewhere but couldnt find the article. Doesnt matter the 140k is more than enough, there is also other fines on that list, like not complying with the rangers requests, giving false details etc. But like I said, I am not here to in force the law, was just trying to help by showing the law in black and white. Cheers Balx.

#16

Balx
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Banned
30 August 2013 09:57 am

Ok to save any grey area i went straight to the source, as Being in gippsland I to would love to get into the exempt rivers so I rang Earth Resources Business Centre, Level 16, 1 Spring Street, Melbourne 3000 Ph: (03) 9658 4456 and The list is valid and so is the fine. Plus there are other "hefty" fines also involved, as the bloke enjoyed pointing out. So bummer for us, cheers Balx.

#17

PaulFritz
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30 August 2013 10:30 am

I have also emailed DPI and PMAV to see what they come back with also.  As it is much easier to say over the phone that they are exempt as this is what they would like you to think wink
Again the fine would only be valid if they could prove that you have broken the law.  Not prospected in a river that was reserved for public use back in 1881.  And if prospecting does not fall under public use then I dont know what does.....

#18

Marked
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30 August 2013 11:52 am

PaulFritz wrote:

...what they would like you to think wink.....

I think that says it all.

My feelings are that prosecutions could be laid and stick under various other laws to do with harm to the environment if a prospector decided to be overly destructive, fail to clean up after themselves, or use mechanized excavation methods.

Suggesting that prospecting on any streams on "the list" is not legal reduces the need to police prospectors, if the great majority decide to "play it safe".

Examples of documented prosecutions would be needed in order to completely remove the "grey" area in this, not just a telephone conversation. I fear even an email reply would need to cite the relevant Acts and specific parts of those said Acts that apply to clearly be able to state one way or the other...a situation that I feel would be avoided by any official to prevent a flood of prospectors to areas that remain largely untouched at the present time.

"Heritage Rivers" are another case entirely, it should be pointed out - from what I have noticed, most of these are on "the list", and 200metres either side of the river bank is also included in the prohibited area.

Edit: Having read through the Heritage Rivers Act, and only finding reference to timber felling and water diversion as specifically prohibited activities in the schedule 1 list (rivers, streams, creeks), with extraction industries and mining only applying to schedule2 (natural catchment areas list) and with the protection of recreation activities (is not prospecting one of those?) as an express purpose of the Act, I also have my doubts as to how accurate the prohibition of prospecting is from these many of these areas as well. (But I am no authority, so make your own assessment of the facts).

Last edited by Marked (30 August 2013 10:48 pm)


"The Sun's not Yellow, It's Chicken." Bob Dylan - Tombstone Blues (Highway 61 Revisited{1965})

#19

elbowgrease
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30 August 2013 04:33 pm

PaulFritz, just to clarify your original post, are you saying you aren't allowed to prospect in that huge list of rivers, streams etc???

the language used in the FAQ provided by DPI (now DEPI) is confusing at best.

just to point out exempted by definition means the following

ex·empt  (g-zmpt)
tr.v. ex·empt·ed, ex·empt·ing, ex·empts
1. To free from an obligation, a duty, or a liability to which others are subject:
2. Obsolete To set apart; isolate.
adj.
1. Freed from an obligation, a duty, or a liability to which others are subject; excused: persons exempt from jury duty; income exempt from taxation; a beauty somehow exempt from the aging process.
2. Obsolete Set apart; isolated.

My understanding that if those named waterways are in a list of exempted waterways than you should be able to prospect in them????

Also in part to draw this conclusion the below list are places that I am aware of that are very popular for recreational prospecting and well publicized too.

Reedy Creek Tributary of Ovens River <--- This is Reedy Creek which runs between Beechworth and Eldorado, I even know of gem clubs that fossick and prospect here.

Buckland River Tributary of Ovens River <--- Also another very popular spot for recreation prospectors.

Sunday Creek Tributary of Goulburn River
King Parrot Creek Tributary of Goulburn River
Dabyminga Creek Tributary of Goulburn River  <--- I have personally enquired to DEPI about access to this Creek for the purpose of prospecting and was given assistance by DEPI for this

So assuming all these creeks are in that list I would have believe that list are good to go zones so long as you are licenced

Anyone else please free to clarify

Thanks
Adam

#20

Marked
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30 August 2013 05:19 pm

Unfortunately, Adam, the DPI would have us believe, and the wording of the faq implies, that the list of rivers/streams is exempt from any "right to prospect" provided by a Victorian miners right, rather than being exempt from protection.

From what I gather, an old version of the miner's right also gave the right to build lodgings where you were prospecting, and I would assume that original intention of "the list" was to prevent that from happening along the rivers, etc on "the list" rather than to prevent prospecting altogether, and has since been misinterpreted by well-meaning naturalists to save the areas from all of us destructive greedy prospectors.

Last edited by Marked (30 August 2013 05:30 pm)


"The Sun's not Yellow, It's Chicken." Bob Dylan - Tombstone Blues (Highway 61 Revisited{1965})

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#21

Marked
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30 August 2013 08:39 pm

Interestingly, the "HERITAGE RIVERS (AMENDMENT) BILL 1998" references our exempted rivers list as gazetted in 1881, calling it the "public purposes reserve", which in my opinion lends weight to the theory that the list has been hijacked for suggesting something that it doesn't actually do...

The text of the "HERITAGE RIVERS (AMENDMENT) BILL 1998"can be found here: (will come back and post a link when I have made enough posts to be allowed to do so, I suppose)


"The Sun's not Yellow, It's Chicken." Bob Dylan - Tombstone Blues (Highway 61 Revisited{1965})

#22

casper
Member
From: at home on Boonwurrung country
Joined: 12 May 2013
Posts: 1,192
Member
30 August 2013 09:07 pm

Marked wrote:

Unfortunately, Adam, the DPI would have us believe, and the wording of the faq implies, that the list of rivers/streams is exempt from any "right to prospect" provided by a Victorian miners right, rather than being exempt from protection.

From what I gather, an old version of the miner's right also gave the right to build lodgings where you were prospecting, and I would assume that original intention of "the list" was to prevent that from happening along the rivers, etc on "the list" rather than to prevent prospecting altogether, and has since been misinterpreted by well-meaning naturalists to save the areas from all of us destructive greedy prospectors.

the underlined is spot on!! - that's always been my understanding....
casper


" Luck happens when Preparation meets Opportunity " PMAV #M3394

#23

Ag Man
Member
From: Newborough, Vicco
Joined: 06 January 2013
Posts: 1,039
Member
30 August 2013 11:36 pm

This topic has been gone over sooo many times it's not funny anymore...

What old laws said is just that "old laws".

It's today's rules that we need to abide by.

Just like there are fishing rules for fishermen. If they break the current rules, they can be fined, equipment & vehicles confiscated.
The same goes for prospecting in Victoria - get caught prospecting in any of the waterways named on the list, use mechanical or any type of suction device to lift paydirt or break any other rule & you'll get prosecuted.

Wheter we like it or not - they are the rules.

That simple.


GS10 Highbanker, McKirk sluice, Garret pans, yabby pump etc., Whites Coinmaster 6000D

1 user likes this post: Balx

#24

Marked
Member
Joined: 29 August 2013
Posts: 337
Member
31 August 2013 01:37 am

The problem, and the reason this has been gone over sooo many times, is no-one can provide an Act or Law in writing that specifically prohibits prospecting. All we have to go by is "I spoke to a guy at the DPI and he said..."

In reading the current Acts that we are told prohibit prospecting in rivers on "the list", there is nothing that specifically rules out prospecting altogether. Certainly, it is easy see how digging and leaving a 2 metres chunk out of a riverbank will contravene the Heritage Rivers Act, but not low impact activities such as crevicing, etc. In fact, the Heritage Rivers Act only mentions "extraction Industries", and "mining", which may refer to recreational prospecting for the schedule 2 sites listed under the act (natural catchment areas) and not many of the rivers and creeks named on "the list". One of the stated purposes of The Heritage Rivers Act is to protect these areas for recreation activities (is recreational prospecting not a recreation activity?)

The prohibition against mechanical excavation is specifically stated as a condition of a Victorian Miners Right on the DEPI website where you can purchase your miners right. Also referred to there is where to find the full entitlements and obligations of a holder of a Miner's Right, part of which I shall reproduce here:

Mineral Resources (Sustainable Development) Act 1990 - SECT 58
Obligations of holder

58. Obligations of holder

(1) The holder of a miner's right acting under that right must not-

   (a)  use any equipment for the purposes of excavation on the land, other
        than non-mechanical hand tools; or

   (b)  use explosives on the land; or

   (c)  remove or damage any tree or shrub on the land; or

   (d)  disturb any Aboriginal cultural heritage (within the meaning of the
        Aboriginal Heritage Act 2006) on the land.

Penalty: 100 penalty units.

(2) The holder of a miner's right must repair any damage to the land arising
out of the search.

Penalty: 50 penalty units.

It is true that as part of the above act, the Minister may make exempt land from activities covered by the Act, by publishing in the government gazette. However "the list" was never published with that purpose - It's intention was to prevent miners and prospectors from building residences on the riverbanks in question so as to reserve that land for public use.

Section 7 of the Crown Land (Reserves) Act also applies in this instance,

Crown Land (Reserves) Act 1978 - SECT 7
Consent of manager required for mining purposes

7. Consent of manager required for mining purposes

(1) The Governor in Council may, by the Order reserving any land or by any
subsequent Order published in the Government Gazette, nominate any specified
part of reserved land for which consent of the person or manager administering
or managing the land is required before work may be done on that land in
accordance with the Mineral Resources (Sustainable Development) Act 1990.

(2) The Governor in Council may revoke any nomination under subsection (1) by
Order published in the Government Gazette.

(3) After the commencement of section 40 of the Mineral Resources Development
(Amendment) Act 1993, the Governor in Council must not make a nomination under
subsection (1) in relation to any land that is unrestricted Crown land within
the meaning of the Mineral Resources (Sustainable Development) Act 1990.

Which suggests that (as I had read in another thread on another forum) that approval from the Ranger responsible for the area in question would be sufficient to legally prospect a river on "the list".

To say that that we have a definitive set of rules to go by is a little misleading, as an answer in a "faq" on a website is definitely not that.

Don't get me wrong -  I'm no legal expert and am not proposing we all go prospect the rivers on the list to test my "opinion"...I am just trying to point out that the question has not been adequately answered, and will continue to be questioned by people until it is.


"The Sun's not Yellow, It's Chicken." Bob Dylan - Tombstone Blues (Highway 61 Revisited{1965})

#25

Ag Man
Member
From: Newborough, Vicco
Joined: 06 January 2013
Posts: 1,039
Member
31 August 2013 04:17 am

I take my hat off to you for having & being able to research this to this depth & length. I honestly do.
If I was you & was able, I would seriously set up a meeting with the PMAV( meet with Rita - not just @ a local branch) & forward your findings.

If that fails to get anywhere then get yourself a group of prospectors together who are prepared to put it on the line. Set up on a waterway that is on the list in a rather public location & start panning and sluicing away. Somewhere like the Thompson river at the Walhalla Bridge.
You would definitely raise attention of the ranger & take it from there where it leads.

Maybe most of us are like sheep & if a piece of paper says we can't do something, then we won't. I don't know...

I do know that prospecting to me is one of my hobbies(& only that - a hobby to me).  I struggle enough just to get out there to pan or sluice for 2hrs a month. I like most of the sheep just arn't able to or willing to get so deep in a battle with rangers, gov. departments, police, court & lawyers etc. because we got caught doing our hobby in a place that we've been told not to.
Maybe it is going to take that to get to the bottom of it? I don't know.

Start off with meeting with PMAV, then take it from there.

I don't have the capabilities(time, finances, more time & more $ - like most) to fight the system. If you or anyone is able - give it a crack & test out what you say. 

Call it weak or what but I will tho, just follow the rules(even if they are just a list on a frequently asked questions page from a government department with no laws seemingly backing them up) & do my bit of panning without fear of prosecution.


GS10 Highbanker, McKirk sluice, Garret pans, yabby pump etc., Whites Coinmaster 6000D


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