First the Liberal candidate for Heysen knocked on my door asking for my support in the upcoming elections. He wondered if there were any particular issues that I'd like to see addressed. I talked to him about the over-restrictive control of state/Crown land for prospecting and fossicking purposes in the Adelaide Hills. It may have just been political spiel, but he assured me that this is an area (the progressive opening up of more state land for recreational purposes) that he is actively pursuing. He took my contact details and promised to keep me updated. I'll post if I hear anything.

Then I happened to get the manager of the Labour party's election campaign in my car (I drive part-time), and immediately afterwards the legal manager of the South Australian mining department in my car, so I got the chance to have lengthy discussions with both of them.

The legal manager was very helpful. According to him, the 1971 Mining Act does not prevent prospecting or fossicking on any Crown/state land; in fact everyone has the right to do so. The real obstacle is the Environment Protection Act; the minister of that department has the power to restrict access to their land even though we would legally be allowed to prospect on the land if we could gain access to it. The Environment Act usurps the Mining Act in this instance, mostly for reasons of duty of care.

He (and, in his opinion, everyone else in the mining department) was in full support of allowing prospecting on land that is currently locked up. His advice was that we write to the Minister for the Environment, after the state elections, and put forward our reasons why access to the land should be granted. He also thought that it would be helpful to write to the minister for heritage zoning; the benefits of finding relics that could be displayed in local historical museums would be one good justification for searching in these areas.

He put forth the idea of introducing a licensing scheme like that of Victoria, whereby we indemnify the department for the environment for any injuries that we may sustain while prospecting, and may include an agreement that the prospecting licence allows the transfer of ownership of any finds from the Crown to the individual.

A group letter from a proper association (i.e. official metal detecting club) would be most effective method, especially immediately after the elections when the politicians are looking to make their mark and introduce popular reforms. I said that the letter might be signed by only 100 people but he thought that 100 people would be more than enough to get things happening.

shmiff

Wishfull · #2

28 February 2018 11:54 am

Now that is definitely something thst I would support
fully. Where do I sign ?
Please keeps is informed on this

malri_au · #3

28 February 2018 12:06 pm

I'll try work with shmiff to get this up and rolling,we have needed change for so long!

TTKooAu · #4

28 February 2018 12:54 pm

Include me in. We need access!!

OzzieAu · #5

28 February 2018 02:12 pm

+1 for me..... I’m sick of getting knocked back every time I try asking for access.
There are a few detecting clubs in Adelaide that would support this cause.
For a newbie on here, I applaud your enthusiasm shmiffy, keep it goin’...... thumbsup

shmiff · #6

28 February 2018 03:42 pm

I'll do what I can, though I'm so new that I don't even have a metal detector yet. Which are the big clubs in SA? If we could draft a letter and send it from all of them, signed by all members, that would be good. Individuals could also email the relevant ministers. Let's see who gets the elected positions.

shmiff

Wishfull · #7

28 February 2018 04:08 pm

There must be a way to do an online petition I would have thought.
I know the Yanks can do that.

Moderators can you please help with this ?

Dewalt · #8

28 February 2018 04:32 pm

I am actually in the process of buying land in Victoria just so I can go for weekends and go detecting. That is how sad it is in this state in relation to detecting.

shmiff · #9

28 February 2018 04:40 pm

Dewalt wrote:

I am actually in the process of buying land in Victoria just so I can go for weekends and go detecting. That is how sad it is in this state in relation to detecting.

Funnily enough, the legal manager of the mining department mentioned that we could band together and purchase a mining lease in South Australia, and be free to prospect to our hearts' content (and also keep anything we find) in our little rectangle, but unfortunately we might not be allowed to go onto our leased land due to the EPA.

A few terms come to mind.

shmiff

OzzieAu · #10

28 February 2018 05:51 pm

Have a look here...
https://www.prospectingaustralia.com.au … php?id=381

Wishfull · #11

28 February 2018 08:00 pm

Dewalt wrote:

I am actually in the process of buying land in Victoria just so I can go for weekends and go detecting. That is how sad it is in this state in relation to detecting.

Can i put up a camp there plz.

Wishfull · #12

28 February 2018 08:05 pm

shmiff wrote:

Dewalt wrote:
I am actually in the process of buying land in Victoria just so I can go for weekends and go detecting. That is how sad it is in this state in relation to detecting.
Funnily enough, the legal manager of the mining department mentioned that we could band together and purchase a mining lease in South Australia, and be free to prospect to our hearts' content (and also keep anything we find) in our little rectangle, but unfortunately we might not be allowed to go onto our leased land due to the EPA.
A few terms come to mind.
shmiff

60k sqr kilometers ?
Would be nice.

EPA ?
Please Explain.

shmiff · #13

06 March 2018 03:45 pm

The Environment Protection Act, overseen by the Department for the Environment, with the Minister for the Environment at the helm. From what I can gather, the Department for the Environment can restrict access to any state land, for whatever reason they want (like liability concerns) even if the Mining Act legally allows the public to prospect there. The issue is not that we're not allowed to metal detect on this land - it's that we're not allowed to access the land. I'm still waiting to hear which clubs I should work with to try to get this reformed. Has anyone approached the Minister for the Environment about this before? The situation in Victoria is a fine precedent and demonstrably workable system, so it shouldn't be too much problem to introduce something similar here in SA.

Meanwhile I have a couple of questions.

1. From the government website:

Do I need a Miner's Right to go fossicking?
No permit is required to fossick within South Australia. However, you must obtain prior permission from landowners before entering their property.

Can I sell any of the minerals I collect from fossicking?
All minerals collected through fossicking are not to be sold or utilised for any commercial or industrial purpose. They may be collected for your own personal collection.

Who owns the minerals in the ground?
All minerals are the property of the Crown in South Australia.

Does this mean that any minerals (including gold) that I find on private land (i.e. even in my own garden) do not belong to me?!

2. Also from the government website:

Fossicking and prospecting are not permitted within National Parks, Conservation Parks and Forest Reserves.

There's no mention of beaches, and according to the nice man at Miners Den, there are no restrictions preventing metal detecting on any South Australian beaches - is this correct? There's also no mention of parks, and I read an article about a metal detectorist called Mark Williams who frequently detects in Adelaide parks, including the parklands within the V8 Supercar circuit, Bonython Park and wherever the WOMADelaide music festival is held - is this correct? Are there any restrictions on urban parks?

shmiff

malri_au · #14

08 March 2018 01:47 pm

I can see you've bolded the tricky grey areas,you should forward those questions to the dept,I can kinda answer the 2nd part in that it's council & groundskeeper dependent.Heaps do the park and I don't see any issue if you're neat and clean,but also obey instruction to move on if you're told by an authority.

Also bear in mind that can change if some doof decides to mess it up with bad digging etc.

I sent some emails a while back asking for clarification on a few issues.

Basically I got told if i want to do stuff and sell it,its a mineral claim,and to go peg one.

The clarification I wanted was about pegging over an old mine,and also about multiple property boundaries and said costs.

Maldon Gold Centre · #15

08 March 2018 05:33 pm

shmiff wrote:

Does this mean that any minerals (including gold) that I find on private land (i.e. even in my own garden) do not belong to me?!

That's precisely what it means.

The differences between South Australia and Victoria are largely historic.

In Victoria most of the miner's rights (prospector's rights) come from the history of push back by miners against the state in the 1850s & 1860s.

In South Australia there wasn't that historic background to mineral rights and mineral rights have always been associated with claims, mining license and royalty systems. Some of this history can also be traced back to the opal mining boom which led to a very different legislative landscape when it comes to mining.

There are many vested interests in South Australia when it comes to prospecting and the rights of prospectors. None of these vested interests are favourable to the prospecting community.

shmiff · #16

08 March 2018 07:33 pm

Thanks, but jeez, that is a well crap system.

Wishfull · #17

08 March 2018 11:19 pm

Eureka Stokade rebellion of 1854

Last edited by Wishfull (08 March 2018 11:21 pm)

shmiff · #18

09 March 2018 12:30 am

Wishfull wrote:

Eureka Stokade rebellion of 1854

A fascinating read. Perhaps it's time for the Echunga Stockade Rebellion of 2018.

shmiff

pagan prospector · #19

31 August 2018 07:25 pm

AND WELCOME TO SOUTH AUSTRALIA the non convict state and the home of one eyed blind do gooders oops sorry kiss

PhaseTech · #20

27 September 2018 11:40 am

Hi all,

Just came across this post.

The two active clubs in SA are:

Southern Seekers Detector Club

and

Adelaide Treasure Hunters Club

On Facebook I started a group called South Oz Beepers & Prospectors, and now there are at least 3 other SA based groups as well.

Re detecting in parklands, it is a very grey area, and no specific mention of metal detecting in any bylaws that I know of.
So a bit of common sense should be practised. I think it often comes down to which council worker or park Ranger you come across.

I know when detecting Bonython Park, the guys there have no issues with it as long as you don't dig holes. So popping shallow targets with a screwdriver is fine.
Show them a bag full of all the pull tabs and screw caps you've picked up and all should be sweet

grumpygold · #21

20 December 2018 10:47 pm

you only have to submit a notice of entry in south oz, wait 21 days, then access for 12 months, with certain restictions, been doing it this way for 25 yrs. up until recently you had to have el holders permission, but new changes were made in 2007 from memory, and now not needed. anyway thats how i do it, and will continue too to it the proper way through pirsa. thumbsup

condor22 · #22

21 December 2018 12:50 am

1. There's bugger all "Crown Land" in S.A. suitable for prospecting. Most of the Adelaide Hills is run by either, Forestry S.A. National Parks (N.P.) or S.A. Water.
2. I've visited a couple of SA Clubs, most are into "Treasure detecting" and those members that prospect go to VIC or W.A.
3. Areas such as the Flinders are pretty well all N.P.
4. Teetulpa is pastoral lease, I used to go onto the Station there Goat Hunting with an archery club, not sure how the managers would view detecting.

It would be great to have somewhere in this state, but for now I'm resigned to visiting the Mexicans over the border and happy to "steal" their yella dirt.

saau · #23

03 February 2019 08:33 pm

G'Day Condor

condor22 wrote:

I'm resigned to visiting the Mexicans over the border and happy to "steal" their yella dirt.

I would be happy to pay to tag along next time you go over the border wink

I'm all setup with a 4x4, camping gear, genny, SDC etc. so I would not be any trouble.

Dont need any 'instructions'. just dont want to be out in the bush by myself so far from home ( Barossa )

saau · #24

03 February 2019 08:35 pm

G'Day GG

grumpygold wrote:

you only have to submit a notice of entry in south oz, wait 21 days

Who do I 'submit' this paperwork with ?

Thanks

mbasko · #25

05 February 2019 07:29 pm

To the "Owner of Land":
https://www.prospectingaustralia.com.au … orm_21.pdf