Protecting private land holder's interests

I have access to a large privately owned holding situated right in the middle of a gold bearing area. There are active prospecting leases close by. The owner doesnt want his land overrun by weekend prospectors or companies. As far as he knows, the property has not been explored for many years if at all. What measures can he take to protect his land. Is he able to take out a lease or can he refuse right of entry to any mining companies. I am naive when it comes to the legalities but have a few years experience in recreational prospecting. Thanks for any replies

Recreational prospectors have no right of entry without permission, although there is a debate about access along rivers with Crown Land easements.

This link is a starting point when it comes to mining company access and exploration leases.

https://resourcesandgeoscience.nsw....community/landholders-rights/common_questions

Hi Midas,

Might help a little if you mention what state or territory that the property is in. That way you should only get relevant responses.

Cheers

Doug

Would also help to know if leasehold, freehold etc

All of the above variables matter. There are also other issues - eg close to a house, crops, dams etc. A few are absolute no-go but most simply involve compensation to the farmer. Many farmers do not realise that they only hold title to their land to a depth of a few metres, and that the State, not the farmer owns the mineral rights. So the State is really giving a right to the miner to exploit its resources, but under the conditions it sets.

It varies so much between States that I doubt if general advice here would be useful. Usually Mines Depts. will give honest information if asked by a landowner, and there are also organisations that can give advice (eg in Victoria the Farmers and Miners Association). Take a map with you - if they can see the location it saves a lot of talking. Usually the farmer must sign some sort of access document, and it will stipulate some sort of compensation and the type of work permitted (eg $ per drillhole or per metre drilled) and if they refuse it can go to court (some of which are not expensive - eg mining wardens court). Sometimes farmers find it economically worthwhile to work with the company, particularly if there is water that might be intersected during drillings, and it saves costs. While large companies know the law and are unlikely to try something that they are not legally entitled to, small ones are often not as well informed, and if they make unreasonable demands they will end up paying costs in court etc. However often it is best to just be informed what to do if it happens, but sit back and do nothing until it does happen.

My experience is that landowners often get ulcers worrying about things that never happen. And the odds of a mine being discovered are very small (one in a few hundred at best). Sometimes companies prefer miners kids as field techs - they know the area, kow how to work and like an income in off-seasons - and the farmer knows that any land rehabilitation will be done properly.

Sadly there is always the occasional company that is a pain in the backside - but most don't want any aggravation themselves.

Rockhunter62 said:

Hi Midas,

Might help a little if you mention what state or territory that the property is in. That way you should only get relevant responses.

Cheers

Doug

Click to expand...

Yep good point Doug. I just assumed for some reason he was in NSW.

goldierocks said:

My experience is that landowners often get ulcers worrying about things that never happen. And the odds of a mine being discovered are very small (one in a few hundred at best). Sometimes companies prefer miners kids as field techs - they know the area, kow how to work and like an income in off-seasons - and the farmer knows that any land rehabilitation will be done properly.

Click to expand...

I think you mean farmers' kids?

Some times signs saying "keep out, no fossiking, no shooting" etc only lures the disrespectful in.
1/4 acre or 4000 acres, its still the farmers back yard.
And should be respected as such.
A phone number on the gate will probably get better enquiries than not.
I have found that phone numbers on gate has really helped even with escapees of livestock and horses. Even a big acre grass fire once
(Reason for edit..... BEER!)

grubstake said:

goldierocks said:

My experience is that landowners often get ulcers worrying about things that never happen. And the odds of a mine being discovered are very small (one in a few hundred at best). Sometimes companies prefer miners kids as field techs - they know the area, kow how to work and like an income in off-seasons - and the farmer knows that any land rehabilitation will be done properly.

Click to expand...

I think you mean farmers' kids?

Click to expand...

Yes

mudgee hunter said:

Some times signs saying "keep out, no fossiking, no shooting" etc only lures the disrespectful in.
1/4 acre or 4000 acres, its still the farmers back yard.
And should be respected as such.
A phone number on the gate will probably get better enquiries than not.
I have found that phone numbers on gate has really helped even with escapees of livestock and horses. Even a big acre grass fire once
(Reason for edit..... BEER!)

Click to expand...

I don't think such signs really influence the dishonest and disrespectful either way - fences and gates are invisible to them. A phone number is an excellent idea.
And I don't see any permission being granted by courts etc on tiny properties - even hundreds of acres would see significant restrictions and policing of operations (eg a property of this size is going to have house, various sheds, a dam, wells etc). Usually work is staged and permission given or granted in stages (hand tools only, drilling and trenching etc etc). As it progresses to heavier work, the exact areas for this work to occur on become more and more specific, so if done legally there should not be any shocks. Sensible companies (which include larger ones as a rule) time their work by consultation with the farmer (eg not in lambing season). But yes, there are some cowboys among the smaller ones (where it is usually still ignorance rather than intentional). Disputes cost companies money, so they usually will want a farmer to be satisfied that he has little to be concerned about.

Thank you everyone. I should have mentioned that the property is in Qld, freehold and about 400 acres. You have given me enough to make a start, Cheers

mudgee hunter said:

Some times signs saying "keep out, no fossiking, no shooting" etc only lures the disrespectful in.
1/4 acre or 4000 acres, its still the farmers back yard.
And should be respected as such.
A phone number on the gate will probably get better enquiries than not.
I have found that phone numbers on gate has really helped even with escapees of livestock and horses. Even a big acre grass fire once
(Reason for edit..... BEER!)

Click to expand...

+1 on this sentiment, we have 330 productive acres in an area where there are a lot of weekend blocks. the blockies typically buy the place, stick up lots of signs saying 30KM/H, No Shooting, No Trespassing etc and then deal with the break ins, vandalism etc that occurs. A couple of KM down the road and in 5 years we haven't even caught people snooping around on our (discreet) cameras because we just look like a farm.

Regards,
Tote

Ok here is something that a Friend in NSW wants to do...

She owns a property that has had mining EL's over for years... Current EL has expired now..
She does 'Tree Farming' on her property and wants to open up a place of Refuge for Troubled Souls(Humans) and is trying to get some sort of 'Carbon Neutral" certificate (what ever that is)..
She also wants to turn this Property into an Environmental Refuge(Animals)...
She also wants to Open it up for Fossickers to fossick in certain areas that have already been cleared by previous EL holders... No new areas to be cleared or fossicked on...
She thought about taking out her own EL, But I think she needs to show proof that she is actually Looking for something yearly... Correct me if im wrong..
She also thought about a Pastoral Lease, but she needs to run Livestock, and that goes against what she wants for the Property...
She is afraid that another Mining Co is going to take out a lease and ruin everything that she has and is trying to achieve...

Any ideas what She can do to Stop Further Mining Activities or EL's on Her Property ?

LW.....

Put a crop of wheat on it, then ask anyone intersted in mining it for an environmental impact study and revegitation plan to be done.

Nice try Wishfull but wheat wont grow in these mountains or with massive granite rock Slabs.... It is very tough Country...

LW...

Ok what about a very rare native plant that was found in and around that area. That is stopping a mining company in W.A.

Hi lone wolf, not sure if you can stop a mining co. putting a EL on a property, but a farmer here halted them from drilling on his property, you say that she want's to have a environmental refuge(animals)on her property that could be a avenue for her. This farmer could not stop them from drilling on his property but he put contamination conditions on the drilling. They had to build bunds around each drill site big enough to catch all water an sediment and it had to be removed from the farm, he cited contamination of dams and creeks and farm bio security as his main concerns, they said it would cost to much and drilled on other EL'S in the area.If she has the paper work for the animal refuge it may be a stick she can put in the mud :|

Which geographic state is this in. ??

LoneWolf said:

Ok here is something that a Friend in NSW wants to do...

She owns a property that has had mining EL's over for years... Current EL has expired now..
She does 'Tree Farming' on her property and wants to open up a place of Refuge for Troubled Souls(Humans) and is trying to get some sort of 'Carbon Neutral" certificate (what ever that is)..
She also wants to turn this Property into an Environmental Refuge(Animals)...
She also wants to Open it up for Fossickers to fossick in certain areas that have already been cleared by previous EL holders... No new areas to be cleared or fossicked on...
She thought about taking out her own EL, But I think she needs to show proof that she is actually Looking for something yearly... Correct me if im wrong..
She also thought about a Pastoral Lease, but she needs to run Livestock, and that goes against what she wants for the Property...
She is afraid that another Mining Co is going to take out a lease and ruin everything that she has and is trying to achieve...

Any ideas what She can do to Stop Further Mining Activities or EL's on Her Property ?

LW.....

Click to expand...

Hi LW, I replied to this question in the other thread that you had put it up in mate. Cheers Noel.

NSW.... Glen Innes area Tathradj....

Thanks Sand Surfer, I think that is the avenue She will have to take... I was thinking tho that if she has this Environmental Refuge, that could stop the Fossicking idea... Her Lawyer has said the same as you and he is looking into it, but as far as Lawyers are concerned, He is taking his time on this....

Thanks for the Feedback Fellas... :Y:

LW....