Fun police ruins great day

[casper]

These are readily available for these specific national park areas.

The maps do not answer my question about feeder creeks in crown land that lead to the exempted rivers.
I cannot find it written even in the legislation but thought it may be similar to catchment areas that cover all the collection
I think it is a valid question that I will find the answer to.
Asking local rangers before going in etc

Thanks for the input guys
Cheers

A feeder creek is otherwise known as a "Tributary" and these are unambiguously named in the list of Exempted Streams as you can see in the screen grab below....

 

[limpalot]

I have looked at the Exempted list, but is the No Go just the stream or the valley as well? 22 yards of easment or just the flow area? They are not very clear as to what constitutes " The Stream",Creek or River AREA. As I said, maybe a tin of worms!!
Cheers LL

 

[casper]

I have looked at the Exempted list, but is the No Go just the stream or the valley as well? 22 yards of easment or just the flow area? They are not very clear as to what constitutes " The Stream",Creek or River AREA. As I said, maybe a tin of worms!!
Cheers LL

I have NO legal training however I have always understood that in Victoria a watercourse constitutes the bed and banks where the river normally flows. Also I understand that our fossicking is to be confined to the streambed and not in or on the banks, or anywhere in the 20 metre wide Public Purposes Reserve on each bank. The following seems to support my understanding re the bed & banks definition or as it applies from 1881.

http://www.dtpli.vic.gov.au/__data/assets/pdf_file/0008/217853/RiverBoundaryDetermination.pdf

 

[goldengoose]

Casper.

Thank you for this valuable link !

http://www.dtpli.vic.gov.au/__data/assets/pdf_file/0008/217853/RiverBoundaryDetermination.pdf

I have spent many unsuccessful hours trying to find anything like this in the current legislation and relevant authorities publications, a statement such as the one below. This quote is from the link you posted.

"There is reference in the 1881 gazettal of quite a number of rivers having reservations
existing not only on the main stream but also over their tributaries. It should be understood
that no reservations exist on tributaries of tributaries. For example the Watts Rivers is a
tributary of the Yarra River and is subject to a 20.12 metre wide reservation along each
bank but Chum Creek, Grace Burn and Donnelly Creek, being tributaries of the Watts
River are not subject to the 1881 Order in Council."

Now to find the original 1881 gazette.

A river/creek tributary of an exempted list river or tributary MIGHT be allowed to be prospected in/on if not on the list itself and be an area such as crown land or state forest that is not excluded for the purpose of prospecting.

This link also shows how much a river can change course of a relative short time and leave deposits where SOME may not expect or look.

My quest continues

 

[Dignit]

Goldengoose
When ever I've been unsure, even after exhaustive research, I've found dropping ParksVic an email works a treat. They get back to you in a day or so. Sometimes it's just a courtesy reply from someone who has passed it on to someone else that can reply with authority. I've always got an answer. They are always very helpful and friendly. Cheers Dignit

 

[goldengoose]

FOUND THE ANSWER

The answer may lie on "page 138" of this Department of crown lands and survey report from 1983 as below.

It refers to an act passed 1875 which must have been amended on 23/05/1881 which we all know as the "exempted list".
This clearly states no dig in the exempted rivers and all its tributaries for up to 1 chain and a half of the river.

http://www.southwestnrm.org.au/site...ds/ihub/victorias-water-frontage-reserves.pdf

My question was not about the exempted list or the National park areas listed for prospecting. It was about the feed/tributaries that feed the exempted listed waters. The listed waters should possibly be regarded as catchment areas and the whole system is off limits when it comes sluice or panning.
This should make it easier to put together maps of potential waters for panning by elimination of these waterways along with the conservation areas etc

Weeks of research now I can finally sleep now :lol:

Apologies if this had strayed from the original post "Fun police ruins great day"
Thanks for your links & input. This is a part of what the forum is about !

Cheers everyone

 

[goldengoose]

Here is a list of all Exempt Rivers and Creeks in VIC

http://www.energyandresources.vic.g...ess-rules/list-of-exempted-rivers-and-streams

I seem to remember that a feeder creek, stream or river to another river is considered part of the greater river system from an ecological perspective i.e. to go to the extreme; If you drop a toxic material into the smallest feeder creek it "could" find its way into the water supply of a larger system.

Where it can get confusing is if the feeder creek is within a designated prospecting area. I believe if an exempted river is within a designated prospecting area then the river and it's banks are no go.

My finds confirm what we both had already suspected. As you have written above bout the toxic material finding its way.

Cheers