WARNING TO FOSSICKERS ABOUT NSW SLUICING DEVELOPMENTS

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Yes - clearly this battle is not being fought on the battlefields of common sense. If we attempt to fight it on that battlefield, well, itll be like rocking up to the grand final but weve got to the wrong football field.

This is a battle won on the arena of votes + power, which is informed by propaganda and misinformation (presumably based around environmental concerns).

I dont think there is any higher level big brother style agenda here - our govt is simply not that smart, and far too disfunctional and individualised / self-centred to put together such a long term initiative. Mind you, ill Keep my aluminium foil hat handy ... just in case. ;)
 
The 4F party ?
Has NPAFA considered teaming up with the fishers and shooters party ?
Together as 4F... The Fishers ,Firearms , Four X Four and Fossicking Party would include voters that share multiple of the same interests and the numbers would be well over a million in NSW alone ..EVERY MEMBER OF THESE 4 WOULD BENIFIT. Whilst we sit back and try be diplomatic they will only laugh at our pathetic show of force ..
We need to hit them where it affects them , and thats with votes and power!! And us alone will get no where :(
 
People,
I am not allowed to really quote on any of this as I am bound by the rules
of this forum and decree with NAPFA.
I am bloody proud of the way that every one is holding to a constructive,
sensible conversation about the way they feel and their views.

I will let the slight political views slide for you all.
Just do not too carried away for me please. :Y: :Y:
There are a few expressions quoted up there that are the crux of the matter
we are facing with NAPFA and the challenges we are facing.
What we are doing is giving the departments time to collaborate and then start
to come together to resolve the situation.
If this process fails, We will be calling on public activity.
Don't worry, without giving away our plan of actions, We have a few other plans of
action to implement.
Most important, We have to stand together with one big hammer to get this done.
Thank You.
Doug
And I am sure I speak on behalf of the Committee Members of NAPFA and it's members.
 
Tathradj said:
Looks like it is spreading to Victoria.
Note the reference to Hosing down Banks. WTF. ??
https://au.prime7.yahoo.com/v1/video/-/watch/24143854/prospector-angry-over-sluicing-ban/

This is Typical of so called arm chair environmentalists that don't know shite from clay. we don't hose down banks at all.
Com on Luv, Get a life and get the facts right because you are starting to look a bit like a clown.

We need a national prospecting law that covers whole of Oz as the laws are different from state to state, just my thought.

Dig on Dudes
B..
 
NAPFA said:
For the benefit of PA members, here is a note that has been sent to NAPFA members today.

Dear NAPFA member,

WARNING TO FOSSICKERS ABOUT NSW SLUICING DEVELOPMENTS

The NSW Department of Planning, Environment, Resources and Energy (PERE) (new department that incorporates the old Resources and Energy group) has decided to commence an enforcement campaign from September to November 2017 particularly targeting highbanking equipment as per below:

Illegal fossicking
Recreational fossickers utilising a device known as a highbanker to enhance their fossicking capabilities to search for scheduled minerals has been identified as an emerging issue. The use of a highbanker, which is a petrol or electric powered device, in fossicking, is prohibited by the Mining Regulation 2016. These products are being commercially produced by multiple manufacturers to meet market demand. This unlawful activity results in a number of environmental issues.
A compliance campaign with be carried out focusing on suppliers and end users of the equipment.


The full compliance document can be found here:

http://www.resourcesandenergy.nsw.g...7/Compliance-priorites-July-December-2017.pdf

The sluicing issue has been at the forefront of NAPFAs lobbying with the department, and is currently the single most important issue to Prospectors and Fossickers in NSW.

This surprising new development is extremely unwelcome and is a breach of extensive good faith negotiations we have been having with the department on this matter.

Since the issue came to notice in 2014, NAPFA has engaged with the department through meetings and detailed submissions to negotiate a position to amend the 2010 regulation change that is relied upon in the Departments declaration that the equipment is not allowed under the 2016 regulations.

Unfortunately to date, despite a lot of detailed work on our side, the department has not properly engaged with us to resolve the matter.

In the last few days we have escalated this issue to the highest level within the department and will keep members informed of significant developments.

The bottom line is we will continue to fight for the right to use highbankers because we can see no good reason for them to be banned; in fact, there is good argument that they should be encouraged.

So, if you highbank you need to be aware of this planned action by the PERE and modify your actions as you consider necessary. There is a potential for prosecutions if you are deemed to be breaching the regulations.

Please look at the NAPFA website where we have published our two major papers on this, the most recent one from May 2017. If you take the time to read these documents you will have a full understanding to the issues and what we have sought to do.


Regards,

Sean Ashcroft
NAPFA Public Officer


BACKGROUND

In 2010, without effective consultation with the stakeholders most affected, the Mining Regulation 2010 amendments added the word processing to Clause 12(2)(c) which states A person must not carry out the following activities for the purpose of fossicking: (c) the use of power-operated equipment for the purpose of surface disturbance, excavation or processing on any land,

The Regulation change was never advertised or enforced regarding current sluicing or high banking activities, or for other small scale powered recreational equipment affected. This led fossickers to believe it referred to mechanically driven equipment such as crushers, vibratory screens, portable processing plants and the machinery to feed them.

Fossickers, and many others, including regulatory officers, considered pumps simply delivering water to small hand fed equipment not to be power-operated processing, especially as fossicking has legislated water rights and the only action is the transfer of water to a sluice.

NAPFA has worked with the PERE to justify the use of highbankers and mitigate environmental concerns, especially to prevent water pumps being used for dredging operations, and to impose size limits on equipment so as not to be seen to be semi-industrious.

Despite requests by NAPFA for reasons why the 2010 change was made, we have not received a satisfactory response. The PERE has since supported this literal interpretation of power-operated equipment applying to highbankers that NAPFA consider is unjustified and unfairly restricts all other powered recreational equipment.

NAPFA has worked with the PERE to justify the use of highbankers and mitigate environmental concerns, especially to prevent water pumps being used for dredging operations, and to impose size limits on equipment so as not to be seen to be semi-industrious.

Unfortunately, despite NAPFA solving concerns satisfactorily with the PERE, which are included in our final report submitted in May 2017, we have not had a reply, or formal acknowledgement of the report.

Now, out of the blue, the PERE have decided to commence an enforcement campaign from September to November 2017 particularly targeting highbanking equipment.

NAPFA was not consulted nor informed about this impending action, which has been set despite the fact that we have been having ongoing communication to reach a suitable compromise on the matter.

The prohibitive interpretation based on the 2010 Regulations also restricts all other power operated equipment including 12v and solar operated gold wheels, small concentrators and other recreational equipment used for fossicking.

In doing so the PERE has unduly restricted the use of pumps and other very small, almost no impact equipment, and rendered inoperative equipment owned by recreational fossickers that would be worth millions of dollars.

We have expressed our total disappointment about the way the matter has been handled by the department to date. The lack of communication, consultation, and progress have simply been appalling.

We have been told that the compliance section operates completely independently, however given the timeframes, meetings, work and outcomes to date, this action is not acceptable to the Prospectors and Fossickers of NSW.

The compliance priorities notice, NAPFAs 2015 & 2017 reports, and a copy of this notice to members can be found at: www.napfa.net under the section Sluicing Highbanking

Previous interpretation allowing the use of pumps and other small-scale powered recreational equipment not being used for excavation, that has been accepted in the field by various government authorities, shire councils, prospectors, fossickers, and the general public will no longer be allowed. Any breach of the PERE interpretation can be enforced. This includes all power operated equipment.

NAPFA ask that members take the time to read the objects and purposes at the beginning of the PERE compliance priorities notice.

Please read NAPFAs 2017 sluicing report in its entirety, as this report details the history of dealings with the PERE on the issues, and direct all queries to NAPFA ([email protected]).

We will stay in touch as we progress this urgent matter.

Just wondering apart from the latest napfa newsletter is there any progress on these concerns has there been any positve talks in relation to the dilution of the regulations regarding these matters
 
Hope the bloke who thought up the 2 month enforcement ban in 2017 got promoted. Why, because one media statement basically shutdown high banking in NSW. None prosecuted, didn't even hear of any 'enforcement', but got a whole lot of peeps running scared
 
Im not sure highbanking got shutdown, I think most of us here on the forum have walked the line as hard as it is. (who loves classifying more than me? :heart: :awful: )

Every time I go out I see mountains of tailing piles, so Im sure plenty of folks either say shove the rules or are oblivious to them.

CWPS at Mudgee are still selling bankers in their shopfront, cant imagine they would be thinking the Mexicans would be driving that far to pick one up lol.

See yas up the river next week!

1547365903_e683b46f-849f-46b7-bdea-d0e25f3144bf.jpg
 
Yup just driven further into the scrub. Bit like shops that sell bongs, glassware isn't illegal but what its used for is.
 
So where are we at? I really don't have time to spend hours reading through policy, whatifs, maybes and arguments? I will abide by the law if I know what it is?

Is it a simple black and white?

Highbanking NSW Illegal or legal?

Highbanking VIC Illegal or legal?

River sluicing NSW Illegal or legal?

River Sluicing VIC Illegal or legal?

Baz.
 
NT - highbanking, dry blowing etc are all fine just no mechanical digging.
 
Does this mean we can use a hand operated bilge pump to run water to a highbanker? It would make it a 2 man job but since it isn't petrol or battery powered does that mean its legal.
 

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