clarification on working your own land under EL NSW

Can someone verify for me please , if a property owner has an exploration lease that covers his own land , is he still entitled to prospect / dig / excavate using hand tools on the surface ?

Is it surface only or the top 2 metres that he is allowed to fossick on in NSW

or none at all ?

If you have the exploration lease you can do whatever is allowable under the conditions of the lease + being the EL holder you could fossick to your hearts content - unless you don't give yourself permission :lol:
I think for NSW it is no disturbing more than 1m3 of dirt in a 48hr period. Would need to double check that though.

If it is not the property owners EL and the land is not in a fossicking district then i believe by the rules you are ment to seek permission from the holder of the EL. And yes 1m3 in a 48hr period

"for land that is covered by an exploration licence, assessment lease, mining lease, mineral
claim or opal prospecting licence under the Mining Act 1992 the permission of the
titleholder. However, permission is not required from the holder of an exploration licence
where the licence is affected by a Fossicking District. Information regarding the location of
titles and fossicking districts can be obtained from Industry & Investment NSWs Maitland,
Orange and Lightning Ridge offices or by searching the TASMap facility:"

thanks people

and yes i didnt quite word that correctly

i meant if i owned land where a miner took out an EL over my land , could i still legally dig on the surface to my hearts content.

but

apparently not 8.(

HeadsUp said:

thanks people

and yes i didnt quite word that correctly

i meant if i owned land where a miner took out an EL over my land , could i still legally dig on the surface to my hearts content.

but

apparently not 8.(

Click to expand...

try offering you finds as information, works here in VIC, leases cost money to hold and even more if you not active on them, by letting propector's on, the lease is seen as activly worked

Thanks

I have asked 3 miners / EL holders for access permission here in NSW and got 3 knock backs despite offering written injury / PL indemnities and offering to share GPS locations of finds.

I am sure some will be open to it , just a matter of luck to persevere and get the right person on the day

I have heard its more common in WA to get access plus they have that 401 ?? Application too

The VIC system sounds more promising on many levels

Look into it a bit more! as in QLD you do not need permission from an EL holder only land owner
Lee

HeadsUp said:

Thanks

I have asked 3 miners / EL holders for access permission here in NSW and got 3 knock backs despite offering written injury / PL indemnities and offering to share GPS locations of finds.

I am sure some will be open to it , just a matter of luck to persevere and get the right person on the day

I have heard its more common in WA to get access plus they have that 401 ?? Application too

The VIC system sounds more promising on many levels

Click to expand...

Its a stupid system in NSW & should be a abolished. I asked 8 x EL owners for permission - 1 said yes, 3 said no & 4 didn't bother replying at all.
Now I don't bother - if you've got permission to be on the land you should be ok to do whatever the landholder allows in my opinion.
EL holders should not have the right to stop recreational fossicking on private or public land.