Common Laws NSW

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Locking the gates got nothing to do with it being "their workplace" in my opinion. To put it bluntly that gate pictured above & their other signposted bush gate across another main access track aren't the only ways in. I too know the tracks :D It seems more about shutting down the obvious to the average Joe access points. I drove & walked around in there for a couple of hours the other day & in one spot could hear the machinery but never got close enough to actually see them. I could however see where they had been previously. They could easily just demarcate & signpost the specific access tracks into the worksite/s being "explored" without locking it all up to those not aware of "alternate" routes. It's a reasonably big area & from a safety viewpoint it's very easy to stay out of their way without issue. I don't want to stop them, interfere in what they're doing or if done correctly I don't care what methods they employ - I'm for exploration & mining not against it. I'm also for us blokes getting a fair go in amongst it too though so I question things. Not usually on here - just seemed that some things I seen the other day were relevant to this thread. Most of my questioning goes through the correct departments, as has this, to get answers or maybe get us a better go at things?
Anyhow I had a peek about & it's on my ever growing list of places to investigate more if things change here in NSW.
Don't get me started on the diggings I walked in a National Park on the same day - used to be State Forest & open to fossicking. Now appears closed (legally) to fossicking/detecting due to it being National Park. I'm trying to get the management plan for it as existing allowable activities should have been included but having read others I reckon it won't be knowing the NPWS policy on phasing us out as a recreational activity altogether. This is just another area we get screwed - State Forests, crown land, TSR's, reserves all allowable for fossicking to some degree then when/if they get changed over to National Park, SCA, Nature Reserve etc. they conveniently forget us in the management plans & we lose more areas. That's my winge for the week - #$&* the Greens & #$&* the EL holders that won't give us a fair go. :lol:
 
Mbasko I wasn't questioning your knowledge clearly you know your stuff. To me anyway this thread seems to be implying that Woodhawk's operation is questionable or illegal in some way. Woodhawk looks like (from google) a fledgling operation who is working an EL in accordance with the EL conditions using techniques it has provided to companies in the past and is well equipped to do so. No evidence had been provided to suggest otherwise.

I don't think a locked gate means anything as an EL holder will allow fossicking access at their discretion. Mind you if it were me I'd welcome nugget hunters on the condition they provide GPS location for further exploration ;)
Jon
 
I think that here in Vic they have got it right for a change . EL don't mean too much ( still allowed to prospect) until a lease is taken out . Maybee nsw governments should have a look at this and realise how much money is generated from tourism eg prospectors, not just liscence fees. Could be completely wrong so correct me if I am please.
 
This is the bit that got me. Says it all :(

Working at BHP Billiton taught me to harness my empathy skills to understand what needs to be achieved.

Edit; More like bury or suppress...
 
blisters said:
Mbasko I wasn't questioning your knowledge clearly you know your stuff. To me anyway this thread seems to be implying that Woodhawk's operation is questionable or illegal in some way. Woodhawk looks like (from google) a fledgling operation who is working an EL in accordance with the EL conditions using techniques it has provided to companies in the past and is well equipped to do so. No evidence had been provided to suggest otherwise.

I don't think a locked gate means anything as an EL holder will allow fossicking access at their discretion. Mind you if it were me I'd welcome nugget hunters on the condition they provide GPS location for further exploration ;)
Jon
Definitely some questionable things going on there that I intend to get answers to. Saying they're questionable doesn't mean I am saying they are wrong or illegal. I'm just interested in what they are doing & what has or hasn't been approved. My biggest issue is Crown Lands saying there is no tenure or trust there but they have locked the gate. On what authority? I might want access for birdwatching :lol:
Allowing fossicking at their discretion isn't something that I have heard out there. Personally I had sent an email previously requesting permission in writing but received no reply as at least one other above have indicated. I didn't have the number previously & will ring prior to heading out there next time to suss out their response but from reports of people being hunted off I won't hold my breath in anticipation. Maybe I should just use the backdoor option & act dumb :eek: Won't be hard for me :lol:
Probably should have just kept this under my hat but it was a frustrating day of locked gates & other physical + red tape fences while searching for some new spots. I like to stick to the rules (or within bending parameters anyway ;) ) but NSW can be a frustrating & hard place to do that at times. The state where you can but you can't.

Edit: This wasn't the only piece of crown land I came across with a locked gate which is across what shows as a crown road! I need to follow that one up too but thats another thread. Ever had a feeling of headbutting a brickwall. Was a nice day for some bushwalking & an old spot threw up 3 little ones on the way home so wasn't a total waste.
 
mbasko said:
Seen some more of their "exploration" the other day or a few of the big chunks out of mullock heaps & piles of rewashed mullock. Not sure how this is classed as exploration? Large scale fossicking really with machinery! Couldn't see what remediation they are doing in there. Maybe removing gold from old mullock heaps & putting the remined tailings into new piles is now classed as stopping further environmental impact? :lol:
At least the Keep Out signs have been removed from the gate. They now have it padlocked with the following signage: :rolleyes:
https://www.prospectingaustralia.com/forum/img/member-images/4485/1449324499_14493244478760.jpg
https://www.prospectingaustralia.com/forum/img/member-images/4485/1449324526_14493244617981.jpg
As far as I can find there's still no tenure on the land & they shouldn't have any right to be locking gates.
"Reserved for future public use" once Woodhawk have finished mining the tailings under an EL :mad:

That chain looks rather weak! a strong wind and that would come straight off I reckon! ;)
 
This thread is very interesting.
Myaxma's post highlighted above https://www.prospectingaustralia.com p?id=13555
I had anticipated a certain outcome by a certain date around the EL issue when I made that post. But alas bureaucratic forces conspired to delay what appeared to be simple matter. However, I am confident we will be able to resolve it over the next few months.

This has been instructive even when we want to go quickly it is not always possible due to the slow way government works. In the big scheme of things the delay is not an issue, when the changes will last far into the future. We will communicate more on this as it is known.

There is currently a process underway by Minerals and Resources to greatly expand the number of fossicking districts in NSW. It is happening, but like I said, taking a bit longer than anticipated. Part of the problem is certainly a lack of engagement and understanding by local councils about the benefits of fossicking to the rural communities they serve. This is not just for NAPFA to fix. If fossickers can directly speak to their elected leaders and (in a nice way) explain the benefits to the community of what we all do that would be great. However for a small entity, NAPFA has made excellent advances in this space. We are making progress. NAPFA is representing the interests of fossickers in a way that has not been done before, so please get behind us if you have not already.

Exploration Leases
The practical impact of this change is that fossickers will not require the permission of mining EL holders in those Fossicking Districts. It does NOT give fossickers any new rights of access you will still require the permission of landowners or managers to fossick on non-Crown Land. You also cannot fossick on mining claims or areas where there is active mining. This change only refers to Exploration Leases.

However it will mean you wont be in violation of the regulations if you fossick on EL areas in any Fossicking District without permission of EL holders. It will remedy the current absurd situation where mining companies can deny fossickers the chance to fossick, or to warn them off, on land where they have ELs.

National Parks
We are also continuing to work with officials from NSW National Parks about potential policy that could facilitate access by fossickers to some National Park areas. This is a complex problem and progress is very slow. But we will stay on it because in the long run it has significant access implications for fossickers in NSW.

Hope this helps the discussion.

Stephen
President
NAPFA
 
Just a update, woodhawk have pulled out of homerule. After speaking to them yesterday he admitted he hasn't taken down the signs yet.
DP 755451 is private land
DP 48226 -175 AND 174 are under a pending grazing lease ( NOT YET FINALIZED/OPEN)
 
I noticed that Woodhawks EL was no longer active a couple of weeks ago. Bowdens Silver have filed an Exploration Lease Application for the area now (ELA5405).
Looks like a prime time to get out there for a look around before the pending leases are finalized?
 
Mmmm have a look at the Two Padlocks on the gate. One a very good lock, the other a common 'cheepie' lock... One linked to the other.... Meaning Two possible 'Persons' have access to the Area in Question.... A bit late with my input.... Anyhow now you better get in while you can... :) .....

One thing for sure, if the powers to be TRY to change the status of Torrington State Forest / Conservation Park... They will see the Angry side of us Fossickers.... :mad: :mad: :mad:

LoneWolf....
 
Annoying hey... and Hillend gold just renewed the E.L at hargraves for another 12 months till dec this year. They can have all the gold they want down deep, just want some bits off the top. Greed
 
So I'm guessing these areas aren't classified as one of the new fossicking districts?

Am I right in thinking that the new fossicking districts eliminate the need for permission before fossicking on an EL?
 
isolation said:
So I'm guessing these areas aren't classified as one of the new fossicking districts?

Am I right in thinking that the new fossicking districts eliminate the need for permission before fossicking on an EL?
Both Hargraves & Home Rule are in the Mid Western Regional Council LGA which hasn't become a fossicking district. This is still being chased up by NAPFA etc. so hopefully will happen in the not to distant future?

Once an area is declared a fossicking district in NSW then you DO NOT need to get permission of the EL holder to prospect. You DO still need the permission of any relevant landholder's, leaseholder's or land managers where applicable though.
 

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