NSW Highbanking - what is the current state of play?

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Actually,
I have miss quoted. :8 :8
That is on the back of the Forestry permit.
Here are the actual regulations,
https://www.legislation.nsw.gov.au/#/view/regulation/2016/498/part2/sec12
And a copy and paste,
12 Fossicking(Former clause 12 of 2010 Reg)

(1) A person who causes any soil, rock or other material to be disturbed in the course of work carried out for the purpose of fossicking for minerals must ensure that:

(a) the soil, rock or other material is removed and stockpiled separately, and

(b) after completion of the work, the soil, rock or other material is replaced in order to reconstruct the original soil profile.

Maximum penalty: 50 penalty units.

(2) A person must not carry out work that includes any of the following activities for the purpose of fossicking:

(a) the use of any equipment other than hand-held implements on any land or waters that is subject to native title,

(b) the excavation or clearing of any land or waters that is subject to native title,

(c) the use of power-operated equipment for the purpose of surface disturbance, excavation or processing on any land,

(d) the use of explosives on any land,

(e) the damage or removal of any bushrock,

(f) the removal of more than the prescribed amount of material from any land during any single period of 48 hours,

(g) the disturbance of more than 1 cubic metre of any soil, rock or other material during any single period of 48 hours.

Maximum penalty: 50 penalty units.
Note.
The language of part of this subclause mirrors the language of part of section 24LA (Low impact future acts) of the Native Title Act 1993 of the Commonwealth. That section refers, in part, to an act (in relation to particular land or waters) that does not consist of, authorise or otherwise involve the excavation or clearing of any of the land or waters or mining (other than fossicking by using hand-held implements).

(3) In this clause:
gemstone means a Group 6 or Group 7 mineral.
Note.
Group 6 and Group 7 minerals are listed in Schedule 2.
power-operated equipment means any equipment powered by mechanical or electrical means.
prescribed amount, in relation to material, means:

(a) 10 kilograms of mineral-bearing material (other than the material referred to in paragraphs (b)(e)), or

(b) 5 kilograms of minerals (other than gold or gemstones), or

(c) 50 grams of gold (except where found as nuggets of 10 grams or greater), or

(d) 5 nuggets of 10 grams or greater of gold, or

(e) 100 grams of gemstones.
 
Jaros said:
FYI re Penalty Units:
In Qld 1PU=$130.55
In NSW 1PU=$110.00
In Vic 1PU=$161.19
InTas 1PU=163.00
In W.A. PU's are listed as dollar units in legislation.
In S.A. PU's are listed as dollar fig's in legislation.
:(

$155 in the NT.
 
In regards to home operations. Correct me if needed....
the high banker it's self is not banned, but the pump connected to it is....
so you could put a high banker under say a water fall at a river/creek and all is still good.
so is hooking up your high banker at home under mains pressure with material from private property deemed illegal?
 
Jaros said:
FYI re Penalty Units:
In Qld 1PU=$130.55
In NSW 1PU=$110.00
In Vic 1PU=$161.19
InTas 1PU=163.00
In W.A. PU's are listed as dollar units in legislation.
In S.A. PU's are listed as dollar fig's in legislation.
:(

Awesome!! No fines in ACT. Winning. I better go set up the HB :) Thanks Jaros (you can pay my fines.....lol) :perfect:
 
Smoky bandit said:
Who cares ....just do it ....who will know... its your own home..Just dont talk about it on an open forum unless you want OPINIONS. :(
I wasnt asking for stupid opions...
open forum or not!
Asking if it still deemed illegal... facts!
And if it is.... then the blue bowls are out as well, running them on a DC bilge pump at home...
 
Cheers & thanks for clearing that up Tath, that's absolutely Orwellian, but I'm not surprised, the environmental inquisition will persecute anyone for heresy at the slightest inkling of dissent.

I agree that we can and maybe even ought to highbank in secret, but picking us off one at a time us no challenge for such a massive authority.

Moral of the story is, suits and ivory tower delegates, who've never set foot in our bush/towns/ jobs will be the ones who write the laws.

I, for one, am joining NAPFA in the hope of fighting them at their own game.
 
mudgee hunter said:
In regards to home operations. Correct me if needed....
the high banker it's self is not banned, but the pump connected to it is....
so you could put a high banker under say a water fall at a river/creek and all is still good.
so is hooking up your high banker at home under mains pressure with material from private property deemed illegal?

I have thought of this! :D

All you'd need is a decent decline in the creek, a piece of guttering (or a decent sized siphon hose) and you're high banking!

Shame that kinda defeats the purpose of a highbanker.

I like the mains idea haha!
 
Feeding a sluice via gravity is perfectly legal.
Get a pump strong enough.
Have a reservoir right up the bank or the hill.
Pump the water up to the tank.
Gravity feed back down to the sluice.
Just be aware of dirtying up the creek/river.
 
I do not give opinions.
I know the rulings off by heart.
I quote fact and fact only.
.
Oh, Blue bowls with bilge pumps are out.
Running off a water main isn't.
You will use a lot of water. :eek:

Smoky bandit said:
Who cares ....just do it ....who will know... its your own home..Just dont talk about it on an open forum unless you want OPINIONS. :(
 
Is legal.
That is regarded as sluicing.
.
As long as you have followed the rules regarding excavation on your private land.
Not a problem.
You can still be pinged on private property.

mudgee hunter said:
In regards to home operations. Correct me if needed....
the high banker it's self is not banned, but the pump connected to it is....
so you could put a high banker under say a water fall at a river/creek and all is still good.
so is hooking up your high banker at home under mains pressure with material from private property deemed illegal?
 
NSW ruling is regarded and followed in the ACT. :fire:

DropBear said:
Jaros said:
FYI re Penalty Units:
In Qld 1PU=$130.55
In NSW 1PU=$110.00
In Vic 1PU=$161.19
InTas 1PU=163.00
In W.A. PU's are listed as dollar units in legislation.
In S.A. PU's are listed as dollar fig's in legislation.
:(

Awesome!! No fines in ACT. Winning. I better go set up the HB :) Thanks Jaros (you can pay my fines.....lol) :perfect:
 
Lets elaborate some more! Legally I can take a pump into a state forest, hook it up in the creek, make a fountain for the kids to play under on a hot day... and so long as im not disturbing the water clarity!.... all is legally ok.....
crazy hey....
 
Tathradj said:
Also includes private land.
An inspector can access private land if he deems it fit to do so.
Now 3 people can access private property without a court order or such,
Fishing inspector,
Customs,
Mining inspector.
So if you have a recirculating sluice setup in your man cave and an inspector finds it,
You are gone.
Oh, Please do not use a torch at night for panning.
Powered equipment is illegal.
Trust me,
I know. ]:D
So then, Metal Detectors are also illegal, they are powered equipment!
Matt T
 
Tathradj said:
I do not give opinions.
I know the rulings off by heart.
I quote fact and fact only.
.
Oh, Blue bowls with bilge pumps are out.
Running off a water main isn't.
You will use a lot of water. :eek:

Smoky bandit said:
Who cares ....just do it ....who will know... its your own home..Just dont talk about it on an open forum unless you want OPINIONS. :(
We have all given an opinion at some stage Tath..
This topic has been discussed to death for us Qld prospectors...Now it you blokes doing what we did years ago.Its pretty simple to understand..No electric or fuel powered anything..Hand tools only.Simples. :Y:
 

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