What can I do when prospecting in Western Australia - Hand tools

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shakergt

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I know a lot of people use hand tools for digging up targets in WA but I want to know if it is against the law t use battery powered pneumatic drills / jack hammers to get into that hard ground we often come across in WA? Hammer and chisel just seems the hard way going about it.
 
WA Miners Right holders are permitted to undertake limited sampling using hand-held equipment & remove samples up to 20 kilograms.
40E Permit Holders Conditions 5. Only hand-held tools may be used and the use of explosives & powered or hydraulically driven tools is prohibited,
 
Interesting, I noticed one couple on Aussie Gold used a generator and jack hammer to cut thru calcrete to get to some gold.
Don't know what permits they held but the show portrays them as amateur prospectors. Definitely in WA.
 
Knew I'd seen something before on this. Got this from a similar thead on WA Prospecting forum:

"Dear Mr?

I refer to your email query of 15 February 2013 regarding prospecting using hand held equipment.

Regulation 4O of the Mining Regulations 1981 states:

4O. (1) A permit holder is not to use powered or hydraulically driven hand tools on the land the subject of the permit. A permit referred to here is one issued after application is made under Section 40E of the act to enable prospecting on a granted Exploration Licence.

Under Regulation 4O the equipment referred to in your email such as a Shaw portable Backpack drill or cordless 36 volt rotary hammer drills or a 4 stroke hand held jack hammer cannot be used under a Section 40E Permit.

Under Section 40D (2)(b) of the Mining Act 1978 when using a Miners Right on Vacant Crown Land you must not use explosives or tools, other than tools prescribed for the purposes of this paragraph or hand tools.
As tools have not been prescribed for this purpose the hand tools you described in your email can be used. ( Shaw portable Backpack drill or cordless 36 volt rotary hammer drills or a 4 stroke hand held jack hammer)

If you have any further queries please do not hesitate to contact ? of this office on the telephone number below.

Regards
Manager, Mining Information Counter
Tenure & Native Title Branch
Mineral Titles Division
DEPT OF MINES AND PETROLEUM
100 Plain Street, East Perth, Western Australia 6004
Tel: +61 8 9222 3111 Fax: +61 8 9222 3444"

Best bet contact the above to re-confirm that this is still the case.
 
Manpa said:
Interesting, I noticed one couple on Aussie Gold used a generator and jack hammer to cut thru calcrete to get to some gold.
Don't know what permits they held but the show portrays them as amateur prospectors. Definitely in WA.

When I noticed the topic , Exactly what I was going to say !
 
Manpa said:
Interesting, I noticed one couple on Aussie Gold used a generator and jack hammer to cut thru calcrete to get to some gold.

Don't believe anything you see on that unrealistic show! 10 minutes of their first series was enough to put me off for ever.
DMP will give you the correct information.
 
if you get a good sound coming from under the caprock, enjoy however long it takes you to get it out and sometimes I even drag it out as long as possible. where's the fun in hitting it with using illegal tools, having to look over your shoulder and it all be over in minutes. just my view.
 
Manpa said:
Interesting, I noticed one couple on Aussie Gold used a generator and jack hammer to cut thru calcrete to get to some gold.
Don't know what permits they held but the show portrays them as amateur prospectors. Definitely in WA.

I saw the same episode and thought the same thing.
 
mbasko said:
Knew I'd seen something before on this. Got this from a similar thead on WA Prospecting forum:

"Dear Mr?

I refer to your email query of 15 February 2013 regarding prospecting using hand held equipment.

Regulation 4O of the Mining Regulations 1981 states:

4O. (1) A permit holder is not to use powered or hydraulically driven hand tools on the land the subject of the permit. A permit referred to here is one issued after application is made under Section 40E of the act to enable prospecting on a granted Exploration Licence.

Under Regulation 4O the equipment referred to in your email such as a Shaw portable Backpack drill or cordless 36 volt rotary hammer drills or a 4 stroke hand held jack hammer cannot be used under a Section 40E Permit.

Under Section 40D (2)(b) of the Mining Act 1978 when using a Miners Right on Vacant Crown Land you must not use explosives or tools, other than tools prescribed for the purposes of this paragraph or hand tools.
As tools have not been prescribed for this purpose the hand tools you described in your email can be used. ( Shaw portable Backpack drill or cordless 36 volt rotary hammer drills or a 4 stroke hand held jack hammer)

If you have any further queries please do not hesitate to contact ? of this office on the telephone number below.

Regards
Manager, Mining Information Counter
Tenure & Native Title Branch
Mineral Titles Division
DEPT OF MINES AND PETROLEUM
100 Plain Street, East Perth, Western Australia 6004
Tel: +61 8 9222 3111 Fax: +61 8 9222 3444"

Best bet contact the above to re-confirm that this is still the case.

I was aware of the ruling on samples. However as in this case I refer to gold I do not see why it would be a problem. Time to contact the Dept of mines I think and find out for sure what the rulings are.
 
Removing Gold would be classed as a "sample" for the purpose of your Miners Right.
From their past info if operating under a 40E permit then powered tools are not permitted at all.
If operating only under your Miners Right on vacant crown land then powered hand tools are permitted.
You probably should have just contacted the DMP first up to get their most current & correct interpretation of things!
At the end of the day a 5yr old email from a forum & what you may not see as a problem won't stop them from fining you etc. if they interpret what you're doing as outside of the law.
 
Manpa said:
Interesting, I noticed one couple on Aussie Gold used a generator and jack hammer to cut thru calcrete to get to some gold.
Don't know what permits they held but the show portrays them as amateur prospectors. Definitely in WA.
If thats Ted and Leckie, they own numerous leases and are seasoned prospectors and would be operating within the rules. they used to own the gold shop in Kalgoorlie.
 
madtuna said:
Manpa said:
Interesting, I noticed one couple on Aussie Gold used a generator and jack hammer to cut thru calcrete to get to some gold.
Don't know what permits they held but the show portrays them as amateur prospectors. Definitely in WA.
If thats Ted and Leckie, they own numerous leases and are seasoned prospectors and would be operating within the rules. they used to own the gold shop in Kalgoorlie.

They call them selves the gold gypsys. 8s that them madtuna. I am sure that they can use powered tools on a mining lease.
 
Nah I was referring to ted and leckie who used a jack hammer in ep 3 I think not the gypsys
 
I have got my reply back from the department of mines. Short answer no. The holder of a miners right is only allowed to use hand tools such as a shovel, detector, pick, hammer and chisel.
 
Any chance of posting the text of the reply please (your private details removed of course!) ?
 

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