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Gold Prospecting
Prospecting Rules & Regulations
"Everything that is not forbidden is allowed" - Does it apply in Aus?
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<blockquote data-quote="user 1769" data-source="post: 168895" data-attributes="member: 1769"><p>There is a traditional principle in English common and constitutional law that goes along the lines that if something is not expressly forbidden by law, then it is allowed. </p><p></p><p>I am putting together a document to follow up on another I wrote a little while ago (<a href="http://www.appleisleprospector.com/fossicking-vs-prospecting-what-is-the-difference/" target="_blank">http://www.appleisleprospector.com/fossicking-vs-prospecting-what-is-the-difference/</a>) on Tasmanian prospecting regulations, in light of the Mineral Resources Development Act 1995 (our current mining law). I want to explore what the law actually says compared to what the regulators tell us we're allowed to do, among other things. I want to cover several aspects of things that we're currently told we're not allowed to do, although they're actually unregulated by law, and the law gives the regulators power to regulate some activities but not others.</p><p>It seems to me that this principle is an integral part of Australian common law, but I don't really know. Conversely, when it comes to regulatory authorities, "everything that is not allowed is forbidden", as they cannot exceed the mandate given to them under the law.</p><p></p><p>Anyone with a law degree (or anyone else) care to comment? I don't want to write something that tells people that they can do something that's actually illegal.</p></blockquote><p></p>
[QUOTE="user 1769, post: 168895, member: 1769"] There is a traditional principle in English common and constitutional law that goes along the lines that if something is not expressly forbidden by law, then it is allowed. I am putting together a document to follow up on another I wrote a little while ago ([url]http://www.appleisleprospector.com/fossicking-vs-prospecting-what-is-the-difference/[/url]) on Tasmanian prospecting regulations, in light of the Mineral Resources Development Act 1995 (our current mining law). I want to explore what the law actually says compared to what the regulators tell us we're allowed to do, among other things. I want to cover several aspects of things that we're currently told we're not allowed to do, although they're actually unregulated by law, and the law gives the regulators power to regulate some activities but not others. It seems to me that this principle is an integral part of Australian common law, but I don't really know. Conversely, when it comes to regulatory authorities, "everything that is not allowed is forbidden", as they cannot exceed the mandate given to them under the law. Anyone with a law degree (or anyone else) care to comment? I don't want to write something that tells people that they can do something that's actually illegal. [/QUOTE]
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Gold Prospecting
Prospecting Rules & Regulations
"Everything that is not forbidden is allowed" - Does it apply in Aus?
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