Exempt rivers and creeks Victoria - information and questions

Prospecting Australia

Help Support Prospecting Australia:

This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Joined
Aug 1, 2013
Messages
68
Reaction score
18
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-resources/exploration-and-mining/prospecting-and-fossicking/faqs

13. Can the holder of a Miners 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
Andersons Inlet
Andersons 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
Baillies 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 Thompsons)
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
Campbells Creek (see Carapooee)
Cann River Tributary to Lake Furnell
Caralulup Creek Tributary to Bet Bet Creek
Carapooee of Campbells 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
Curdies River
Curdies 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
Darlots 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
Doctors Creek Tributary of Bet Bet Creek
Doma Mungi or Black Dog Creek Tributary of Murray River
Donnellys Creek Tributary of Aberfeldy River
Duck Ponds Creek
Erskine River
Eumeralla River
Fentons Creek Tributary of Avoca River
Fifteen-mile Creek Tributary of Ovens River
Fitzroy River
Forest or Mannering Creek Tributary of Campaspe River
Franklin River
Fultons Creek Tributary of Aberfeldy Creek
Furnell Lake and channel
Fyans or Mount Fyans Creek Tributary of Mount William Creek
Gaffneys Creek Tributary of Goulburn River
Gellibrand River
Kangaroo Creek Tributary of Malmsbury River
Genoe River
Glenelg River
Glengower Creek (see Joyces)
Glenpatrick Creek Tributary of Wimmera River
Gobur or Godfreys Creek Tributary of Home Creek
Heifer Station Creek Tributary of Wimmera River
Hindmarsh Lake
Hodgsons Creek Tributary of Ovens River
Hollands 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
Lockharts 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
Maclennans Straits
Mackenzie Creek (see Andersons)
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
McCallums 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 Joyces 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
Morses 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
Pohlmans 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
Merrimans 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
Stringers Creek Tributary of Thompson River
Sunday Creek Tributary of Goulburn River
Surry River
Swedes 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
Thompsons 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
 
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.
 
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.
 
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 ?
 
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?
 
And your car? Your kidding! Buy a shit box or buy a push bike leave the car up the road and ride down. What a joke
 
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.
 
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.
 
Still worth the risk fellas? wowzers. $140k isnt a bad deterrent. http://www.dpi.vic.gov.au/about-us/legislation/fees/energy-and-earth-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.
 
My god that's a long list! Im surprised there are many places left to prospect! 8)
 
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)
 
I dont see how this is relevant as we all have a miners right dont we?

Balx said:
Still worth the risk fellas? wowzers. $140k isnt a bad deterrent. http://www.dpi.vic.gov.au/about-us/legislation/fees/energy-and-earth-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.
 
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 said:
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.
 
PaulFritz said:
I dont see how this is relevant as we all have a miners right dont we?

Balx said:
Still worth the risk fellas? wowzers. $140k isnt a bad deterrent. http://www.dpi.vic.gov.au/about-us/legislation/fees/energy-and-earth-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.
 
PaulFritz said:
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 said:
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.
 
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.
 
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 ;)
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.....
 
PaulFritz said:
...what they would like you to think ;).....

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).
 
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

exempt (g-zmpt)
tr.v. exempted, exempting, exempts
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
 
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.
 
Top