I wonder if any members have run into NSW Resources Regulator Inspectors during the September-November crackdown on Illegal Fossicking?
I was curious what powers they might have, and checked out the Mining Act 1992. Have a look at Part 12 of the Act, and you will see that the inspectors have considerable powers.
I'm not handing out legal advice, but in summary:
The inspector has wide powers of entry of any premises where he reasonably suspects that prospecting or mining operations have or are about to be carried out (S. 248C). This entry can use reasonable force if necessary.
However, entry to residential premises requires permission or a warrant (S. 248D). EDIT - I had a quick look at the definition of residential premises for this purpose, and while you home is certainly included it is not clear the extent to which relocatable dwellings (caravan) or campsites would come under the definition, but see below.
Once on premises, "An inspector may, at any premises lawfully entered, do anything that in the opinion of the inspector is necessary to be done for the purposes of this Part." (S. 248E). In other words any lawful action. This includes "examine and inspect any works, plant, vehicle, aircraft or other article." It also includes the power to "seize anything that the inspector has reasonable grounds for believing is connected with an offence against this Act or the regulations."
This could include your gear or pump, and perhaps even your vehicle.
In practice, these sections give power for the inspector to enter without warrant a mine or exploration site or mine company office, for example. However, it could also give powers for the inspector to enter the Tuena Hilton (Cricket Shed) and search the camp and vehicles, and to seize prospecting gear that he has reasonable grounds to suspect are connected with an offence.
According to S. 248L Power of inspectors to require answers, an Inspector "may require a person whom the inspector suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for a purpose to which this Division applies to answer questions in relation to those matters." I'd interpret this to imply that there is no right of silence.
They can record questions and answers (S. 248M), and demand name and address (S. 248O)
They also have wide powers of entry and inspection of articles, which are defined as including any plant, motor or other vehicle, aircraft, vessel or other thing of any description. So if you are out at the creek on crown land, they are able to search your vehicle or camp.
It is an offence to fail to comply with these powers, or to delay or obstruct an Inspector (S. 248S).
Now it is clear that the Mining Act and Regulations were written mainly with large mining companies in mind, but because Fossickers and Opal Miners are included, we are subject to the same legal framework. Maybe in the longer term a strategy would be to get fossicking regulated under separate legislation.
In short, the Inspector has wide powers, and it is best to be polite and answer any questions put to you. If you are out and about with a Highbanker and Pump you may get away with a warning, and getting angry and defensive will not help (as a matter of human psychology).
The other thing is that the situation is not the individual Inspector's fault, they are just doing their job to administer the Act and Regulations as they are currently interpreted, and the direction to focus on fossickers during the period this compliance activity is in place would have come down from on high. If you look at the regulators page, they generally deal with much more weighty issues than some old blokes with highbankers and pumps.
In any case, I and no doubt other forum members would be interested to hear about any enforcement activity and how the Inspectors approached the situation.
Regards
Doc.
I was curious what powers they might have, and checked out the Mining Act 1992. Have a look at Part 12 of the Act, and you will see that the inspectors have considerable powers.
I'm not handing out legal advice, but in summary:
The inspector has wide powers of entry of any premises where he reasonably suspects that prospecting or mining operations have or are about to be carried out (S. 248C). This entry can use reasonable force if necessary.
However, entry to residential premises requires permission or a warrant (S. 248D). EDIT - I had a quick look at the definition of residential premises for this purpose, and while you home is certainly included it is not clear the extent to which relocatable dwellings (caravan) or campsites would come under the definition, but see below.
Once on premises, "An inspector may, at any premises lawfully entered, do anything that in the opinion of the inspector is necessary to be done for the purposes of this Part." (S. 248E). In other words any lawful action. This includes "examine and inspect any works, plant, vehicle, aircraft or other article." It also includes the power to "seize anything that the inspector has reasonable grounds for believing is connected with an offence against this Act or the regulations."
This could include your gear or pump, and perhaps even your vehicle.
In practice, these sections give power for the inspector to enter without warrant a mine or exploration site or mine company office, for example. However, it could also give powers for the inspector to enter the Tuena Hilton (Cricket Shed) and search the camp and vehicles, and to seize prospecting gear that he has reasonable grounds to suspect are connected with an offence.
According to S. 248L Power of inspectors to require answers, an Inspector "may require a person whom the inspector suspects on reasonable grounds to have knowledge of matters in respect of which information is reasonably required for a purpose to which this Division applies to answer questions in relation to those matters." I'd interpret this to imply that there is no right of silence.
They can record questions and answers (S. 248M), and demand name and address (S. 248O)
They also have wide powers of entry and inspection of articles, which are defined as including any plant, motor or other vehicle, aircraft, vessel or other thing of any description. So if you are out at the creek on crown land, they are able to search your vehicle or camp.
It is an offence to fail to comply with these powers, or to delay or obstruct an Inspector (S. 248S).
Now it is clear that the Mining Act and Regulations were written mainly with large mining companies in mind, but because Fossickers and Opal Miners are included, we are subject to the same legal framework. Maybe in the longer term a strategy would be to get fossicking regulated under separate legislation.
In short, the Inspector has wide powers, and it is best to be polite and answer any questions put to you. If you are out and about with a Highbanker and Pump you may get away with a warning, and getting angry and defensive will not help (as a matter of human psychology).
The other thing is that the situation is not the individual Inspector's fault, they are just doing their job to administer the Act and Regulations as they are currently interpreted, and the direction to focus on fossickers during the period this compliance activity is in place would have come down from on high. If you look at the regulators page, they generally deal with much more weighty issues than some old blokes with highbankers and pumps.
In any case, I and no doubt other forum members would be interested to hear about any enforcement activity and how the Inspectors approached the situation.
Regards
Doc.
