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Gold Prospecting
Prospecting Rules & Regulations
NSW Highbanking Illegal ..... so what is a Highbanker and Highbanking?
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<blockquote data-quote="MikeB05" data-source="post: 358012" data-attributes="member: 7270"><p>It seems to me that the legislation (Regulation) banning power operated equipment (pump) for use in 'processing' is dated 2016. </p><p></p><p>It's not a new issue. </p><p></p><p>Not sure if anyone noticed the regulation back in 2016 but it seems that submissions by NAPFA (Sluicing Reports) didn't get enough traction to have the word 'processing' removed from the Regulation. </p><p></p><p>Those Sluicing Reports are great!!</p><p></p><p>Maybe the Regulation was just ignored...or some thought there was some kind of 'grey' aspect to what seems to be a pretty clear black and white regulation.</p><p></p><p>As Mbasko suggests....Isn't the current focus on highbanking in NSW just a response to the fact that the 2016 Regulation will be enforced. So up until now people were having a punt on nobody noticing pumps being used in processing</p><p></p><p>If someone does get fined and contests it and it ends up in court, then the outcome will be cemented as legal precedent for NSW.</p><p></p><p>In Qld, breaches of the Fossicking Act 1994 (yes it's that old!) can lead to additional penalties such as confiscation of fossicking equipment and even vehicles used when breaching the Act. So up here, its a risk business using pumps but it happens.</p><p></p><p>Anyway I look forward to NAPFA telling its members what its next approach will be on this issue. While I trust in NAPFA representing me...I still think there would be some benefit in individuals expressing their personal concern to their parliamentarians and local government representatives.</p></blockquote><p></p>
[QUOTE="MikeB05, post: 358012, member: 7270"] It seems to me that the legislation (Regulation) banning power operated equipment (pump) for use in 'processing' is dated 2016. It's not a new issue. Not sure if anyone noticed the regulation back in 2016 but it seems that submissions by NAPFA (Sluicing Reports) didn't get enough traction to have the word 'processing' removed from the Regulation. Those Sluicing Reports are great!! Maybe the Regulation was just ignored...or some thought there was some kind of 'grey' aspect to what seems to be a pretty clear black and white regulation. As Mbasko suggests....Isn't the current focus on highbanking in NSW just a response to the fact that the 2016 Regulation will be enforced. So up until now people were having a punt on nobody noticing pumps being used in processing If someone does get fined and contests it and it ends up in court, then the outcome will be cemented as legal precedent for NSW. In Qld, breaches of the Fossicking Act 1994 (yes it's that old!) can lead to additional penalties such as confiscation of fossicking equipment and even vehicles used when breaching the Act. So up here, its a risk business using pumps but it happens. Anyway I look forward to NAPFA telling its members what its next approach will be on this issue. While I trust in NAPFA representing me...I still think there would be some benefit in individuals expressing their personal concern to their parliamentarians and local government representatives. [/QUOTE]
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Gold Prospecting
Prospecting Rules & Regulations
NSW Highbanking Illegal ..... so what is a Highbanker and Highbanking?
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