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This is a Bill, not an Act. For current law, see the Acts databases.


FOSSICKING BILL 1994

       Queensland




FOSSICKING BILL 1994

 


 

Queensland FOSSICKING BILL 1994 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Meaning of "club" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Meaning of "fossick" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6 Meaning of "member" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 7 Meaning of "watercourse" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 8 Meaning of expressions used in this and other Acts . . . . . . . . . . . . . . . . . . . 14 PART 2--LAND EXCLUDED FROM ACT'S APPLICATION 9 Act's application to protected areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10 Act's application to State forests, timber reserves and forest entitlement areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 11 Act's application to native title land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Other land may be excluded from operation of Act . . . . . . . . . . . . . . . . . . . 16 13 Act's application to scientific organisations . . . . . . . . . . . . . . . . . . . . . . . . . 16 PART 3--LICENCES Division 1--Licences 14 Licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 15 Applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 16 How issuing officer may deal with applications for licence . . . . . . . . . . . . 17 17 Licence conditions must not be contravened . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Licence not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 19 Term of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

 


 

2 Fossicking 20 Replacement licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 21 Suspension and cancellation of licences--grounds . . . . . . . . . . . . . . . . . . . 19 22 Suspension and cancellation of licences--procedures . . . . . . . . . . . . . . . . . 19 23 Return of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Division 2--Licensees' entitlements and duties 24 Meaning of "licensee" in Division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 25 Licence needed to fossick . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 26 Licensee's right to enter unoccupied land to fossick . . . . . . . . . . . . . . . . . . 22 27 Licensee must get permission to fossick on occupied land etc. . . . . . . . . . 22 28 General permissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 29 Licensee must comply with conditions of permission . . . . . . . . . . . . . . . . . 24 30 Commercial tour operator sometimes needs other permissions . . . . . . . . . . 24 31 Other limits on commercial tour operator's fossicker licence . . . . . . . . . . . 24 32 Limits on club and educational organisation fossickers licence . . . . . . . . . 25 33 Records of land mentioned in general permission to be kept . . . . . . . . . . . 25 Division 3--General 34 When fossicking materials become licensee's property . . . . . . . . . . . . . . . . 25 35 Payment of royalties to State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 36 Sale or use of fossicking material in trade or commerce . . . . . . . . . . . . . . . 26 37 Volume, weight or number of specimens may be restricted . . . . . . . . . . . . 26 38 Use of machinery etc. prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 39 Limits on digging . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 40 Discovery of minerals does not confer rights . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 4--DESIGNATED FOSSICKING LAND AND FOSSICKING AREAS Division 1--Designated fossicking land 41 Proposal for declaration of designated fossicking land . . . . . . . . . . . . . . . . . 28 42 Declaration of designated fossicking land . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Division 2--Fossicking areas 43 Proposal for declaration of fossicking area . . . . . . . . . . . . . . . . . . . . . . . . . . 29 44 Declaration of fossicking area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Division 3--General 45 Declaration does not normally affect person's title to land . . . . . . . . . . . . . 31

 


 

3 Fossicking 46 No fee payable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 47 Restriction on alienation of State land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 48 Some agreements run with land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 49 When does agreement end? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 50 Amendment of agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 51 When agreement is not needed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 52 Chief executive may erect signs and carry out works . . . . . . . . . . . . . . . . . 33 53 Management plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 54 Minister may appoint manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 55 Trading and commercial activities on designated fossicking land or fossicking areas generally not allowed . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 56 Living on designated fossicking land and fossicking areas . . . . . . . . . . . . . 35 57 Conduct on designated fossicking land and fossicking areas . . . . . . . . . . . . 35 PART 5--CAMPING Division 1--Permits 58 Fossickers camping permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 59 Applications for fossickers camping permits . . . . . . . . . . . . . . . . . . . . . . . . . 36 60 How issuing officer may deal with applications for permit . . . . . . . . . . . . . 37 61 Permit conditions must not be contravened . . . . . . . . . . . . . . . . . . . . . . . . . . 37 62 Permit not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 63 Term of permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Division 2--Camping 64 Division does not apply to some individuals . . . . . . . . . . . . . . . . . . . . . . . . . 38 65 Prohibited camping land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 66 Regulated camping land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 67 Permit needed to camp on regulated camping land . . . . . . . . . . . . . . . . . . . 39 68 Camping on non-regulated designated fossicking land and fossicking areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 69 Camping on other land . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 70 Breach of conditions of permission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 PART 6--ADMINISTRATION AND ENFORCEMENT Division 1--Administration 71 Chief executive may appoint issuing officers . . . . . . . . . . . . . . . . . . . . . . . . 41

 


 

4 Fossicking 72 Chief executive may appoint authorised officers . . . . . . . . . . . . . . . . . . . . . 41 73 Limitation of authorised officer's powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 74 Authorised officer's conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . 42 75 Authorised officer's identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 76 Production or display of authorised officer's identity card . . . . . . . . . . . . . . 43 77 Powers of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Division 2--General powers of authorised officer 78 Dealing with person contravening Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 79 Safety of fossicking sites . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 80 Authorised officer may restrict activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 81 Production of licence or permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 82 Entry of place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 83 Warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 84 Warrants--applications made other than in person . . . . . . . . . . . . . . . . . . . 47 85 Entry of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 86 General powers in relation to places and vehicles . . . . . . . . . . . . . . . . . . . . 50 87 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 88 Power to seize evidence after entering a vehicle . . . . . . . . . . . . . . . . . . . . . 52 89 Procedure after thing seized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 90 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 91 Power to seize weapons etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Division 3--Offences 92 Obstruction of authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 93 Re-entering land after direction to leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 94 Proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Division 4--Proceedings 95 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 96 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 97 Disposal of abandoned property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 98 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 PART 7--APPEALS 99 Appeals to Wardens Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60

 


 

5 Fossicking 100 How to start an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 101 Stay of operation of decisions etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 102 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 103 Powers of Court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 104 Appeal to District Court on questions of law only . . . . . . . . . . . . . . . . . . . . 62 PART 8--GENERAL 105 Records to be kept by registrar . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 106 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 107 Protection against liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 108 Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 PART 9--REPEAL AND TRANSITIONAL PROVISIONS 109 Definitions in Part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 110 Repeal and amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 111 Miners commons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 112 Designated areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 113 Fossicking areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 114 Issuing officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 115 Licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 116 Prohibition on camping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 117 Native title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 118 Application of s 20A of Acts Interpretation Act 1954 . . . . . . . . . . . . . . . . . . 67 119 References to Mining (Fossicking) Act 1985 . . . . . . . . . . . . . . . . . . . . . . . . 67 120 Expiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 68 ACTS AMENDED

 


 

 

1994 A BILL FOR An Act about recreational and tourist fossicking for minerals, gemstones and ornamental stones, and for related purposes

 


 

s1 8 s3 Fossicking The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Fossicking Act 1994. 4 5 Commencement 2. This Act commences on a day to be fixed by proclamation. 6 7 Definitions 3. In this Act-- 8 "authorised officer" means-- 9 (a) a field officer; or 10 (b) a mining registrar; or 11 (c) a person who is appointed as an authorised officer.1 12 "camp" includes-- 13 (a) pitch, place or erect a tent, caravan, hut or camping structure; and 14 (b) place other camping equipment in position; and 15 (c) stay overnight. 16 "club" see section 4. 17 "commercial tour" means a tour, involving fossicking, conducted as part 18 of a business activity. 19 "commercial tour operator" means a person who conducts, offers to 20 conduct, agrees to conduct, or arranges for someone else to conduct, a 21 commercial tour. 22 1 Appointments are made under section 72(1).

 


 

s3 9 s3 Fossicking "designated fossicking land" means land declared to be designated 1 fossicking land.2 2 "educational organisation" means-- 3 (a) a school, college, university or university college; or 4 (b) a museum; or 5 (c) a department of government involved in supplying educational 6 services. 7 "exploration permit" see section 8(1). 8 "explosive" has the meaning given by the Explosives Act 1952. 9 "field officer" see section 8(1). 10 "forest entitlement area" see section 8(2). 11 "fossick" see section 5. 12 "fossicking area" means land declared to be a fossicking area.3 13 "fossicking material" means-- 14 (a) a gemstone; or 15 (b) an ornamental stone; or 16 (c) a mineral specimen; or 17 (d) alluvial gold; or 18 (e) a fossil (other than a fossil of a vertebrate animal); or 19 (f) a substance prescribed by regulation to be fossicking material; 20 but does not include a meteorite, tektite, or impact or ejected material 21 associated with a meteorite impact structure. 22 "gemstone" means a precious stone. 23 "general permission" for fossicking or camping, means permission, given 24 under section 28 to a mining registrar, for anyone-- 25 2 Designated fossicking land declarations are made under section 42(1). 3 Fossicking area declarations are made under section 44(1).

 


 

s3 10 s3 Fossicking (a) to fossick on land mentioned in the permission under a licence; or 1 (b) to camp on land mentioned in the permission when fossicking on 2 the land under a licence. 3 "government owned corporation" see section 8(3). 4 "hand tool" means-- 5 (a) a pick, shovel, hammer, sieve, shaker, or electronic detector; or 6 (b) a tool declared by regulation to be a hand tool. 7 "issuing officer" means-- 8 (a) a mining registrar; or 9 (b) a field officer; or 10 (c) a person who is appointed as an issuing officer.4 11 "known fossil site" means land of particular palaeontologic significance 12 because of the presence of fossils on the land. 13 "land manager" see section 54(2). 14 "licence" means a fossickers licence. 15 "member" see section 6. 16 "mineral" see section 8(1). 17 "mineral development licence" see section 8(1). 18 "mining claim" see section 8(1). 19 "mining district" see section 8(1). 20 "mining lease" see section 8(1). 21 "mining registrar" see section 8(1). 22 "obstruct" includes hinder or resist and attempt to obstruct. 23 "occupied land" see section 8(1). 24 "occupier" of a place includes a person who reasonably appears to be the 25 occupier, or in charge, of the place. 26 4 Issuing officers are appointed under section 71(1).

 


 

s3 11 s3 Fossicking "owner" see section 8(1).5 1 "permit" means a fossickers camping permit. 2 "person in control" of a vehicle includes the vehicle's driver or the person 3 who reasonably appears to be the vehicle's driver. 4 "place" includes premises, but does not include a vehicle. 5 "premises" includes-- 6 (a) a building or other structure; and 7 (b) a part of a building or other structure; and 8 (c) land where a building or other structure is situated. 9 "prohibited camping land" means land declared to be prohibited camping 10 land.6 11 "prospect" see section 8(1). 12 "prospecting permit" see section 8(1). 13 "protected area" means land dedicated under the Nature Conservation Act 14 1992 as-- 15 (a) a National Park (Scientific); or 16 (b) a National Park; or 17 (c) a National Park (Aboriginal land); or 18 (d) a National Park (Torres Strait Islander land); or 19 (e) a Conservation Park. 20 "public place" means a place that the public is entitled to use, is open to the 21 public, or is used by the public, whether or not on payment of money. 22 "registrar" means the person responsible for keeping a register of interests 23 in land. 24 "regulated camping land" means land declared to be regulated camping 25 5 Under section 152 of the Native Title (Queensland) Act 1993, native title holders are owners for the purposes of the Mineral Resources Act 1989. 6 Prohibited camping land declarations are made under section 65(1).

 


 

s4 12 s5 Fossicking land.7 1 "reserve" see section 8(1). 2 "sell" includes-- 3 (a) sell by wholesale, retail or auction; and 4 (b) supply in trade or commerce under an arrangement; and 5 (c) agree, attempt or offer to sell; and 6 (d) keep or expose for sale; and 7 (e) cause or permit to be sold. 8 "State forest" see section 8(2). 9 "timber reserve" see section 8(2). 10 "Wardens Court" see section 8(1). 11 "watercourse" see section 7. 12 "weapon" see section 8(4). 13 of "club" 14 Meaning 4. An entity is a "club" under this Act if, under its constitution, it is 15 established for the educational, scientific or recreational study of minerals, 16 rocks or natural history, even though it may also be established for a 17 different purpose. 18 19 Examples of a club-- 20 1. A gem or lapidary club 21 2. A geological or gemological association 22 3. A natural history association. of "fossick" 23 Meaning 5.(1) "Fossick" means-- 24 (a) search for fossicking materials in a systematic or unsystematic 25 way-- 26 7 Regulated camping land declarations are made under section 66(1).

 


 

s6 13 s7 Fossicking (i) on the ground's surface; or 1 (ii) by digging with a hand tool; or 2 (b) collect fossicking materials. 3 (2) However, a person does not "fossick" merely because the person 4 picks up a specimen of fossicking material the person finds by chance when 5 doing something other than fossicking. 6 of "member" 7 Meaning 6.(1) "Member" of a club means an individual who is a member of the 8 club in any capacity. 9 (2) "Member" of a commercial tour group means-- 10 (a) a person taking part in a commercial tour; or 11 (b) an operator, or the operator's employee or agent, actually engaged 12 in conducting a commercial tour; or 13 (c) a person transporting group members on a commercial tour. 14 (3) "Member" of an educational organisation means a staff member or 15 student of the organisation. 16 (4) "Member" of a licensee's family means-- 17 (a) the licensee's spouse or de facto spouse; or 18 (b) a child, or a student under 23, living with the licensee as a 19 member of the licensee's household. 20 of "watercourse" 21 Meaning 7.(1) A "watercourse" is a river, creek or stream in which water flows 22 permanently or intermittently. 23 (2) A river, creek or stream is a "watercourse" even if the water 24 flows-- 25 (a) in an artificially improved channel; or 26 (b) in an artificial channel that has changed the path of the river, creek 27 or stream. 28

 


 

s8 14 s8 Fossicking (3) "Watercourse" includes the beds and banks of a river, creek or 1 stream, and elements of a river, creek or stream that may confine or contain 2 water. 3 of expressions used in this and other Acts 4 Meaning 8.(1) The following expressions have the meaning given by the Mineral 5 Resources Act 1989-- 6 exploration permit 7 field officer 8 mineral 9 mineral development licence 10 mining claim 11 mining district 12 mining lease 13 mining registrar 14 occupied land 15 owner 16 prospect 17 prospecting permit 18 reserve 19 Wardens Court. 20 (2) The following expressions have the meaning given by the Forestry 21 Act 1959-- 22 forest entitlement area 23 State forest 24 timber reserve. 25 (3) "Government owned corporation" has the meaning given by the 26 Government Owned Corporations Act 1993. 27 (4) "Weapon" has the meaning given by the Weapons Act 1990. 28

 


 

s9 15 s 11 Fossicking PART 2--LAND EXCLUDED FROM ACT'S 1 APPLICATION 2 application to protected areas 3 Act's 9. This Act does not apply to a protected area. 4 application to State forests, timber reserves and forest 5 Act's entitlement areas 6 10. This Act applies to a State forest, timber reserve or forest entitlement 7 area that is not part of a protected area only if-- 8 (a) the forest, reserve or area becomes designated fossicking land or 9 a fossicking area; or 10 (b) the chief executive of the department in which the Forestry Act 11 1959 is administered gives a general permission for fossicking or 12 camping in the forest, reserve or area. 13 application to native title land 14 Act's 11.(1) This Act applies to native title land in a designated area or 15 fossicking area under the repealed Mining (Fossicking) Act 1985 that 16 became designated fossicking land or a fossicking area on the 17 commencement of this section. 18 (2) Also, this Act applies to other native title land for which there is a 19 registered native title body corporate if the Commonwealth Minister makes 20 a determination under section 26(3) of the Commonwealth Native Title Act 21 that a licence under this Act is excluded from section 26(2) of the 22 Commonwealth Native Title Act. 23 (3) However, this Act does not apply to native title land to which 24 subsection (1) or (2) does not apply. 25 (4) In this section-- 26 "Commonwealth Minister" has the meaning given by the 27 Commonwealth Native Title Act. 28 "Commonwealth Native Title Act" has the meaning given by the Native 29

 


 

s 12 16 s 14 Fossicking Title (Queensland) Act 1993. 1 "native title land" means land subject to native title rights and interests. 2 "native title rights and interests" has the meaning given by the 3 Commonwealth Native Title Act. 4 "registered native title body corporate" has the meaning given by the 5 Native Title (Queensland) Act 1993. 6 land may be excluded from operation of Act 7 Other 12. A regulation may exclude land from the Act's operation.8 8 application to scientific organisations 9 Act's 13. This Act does not apply to fossicking, for a scientific or research 10 purpose, by or for-- 11 (a) the Queensland Museum; or 12 (b) a scientific organisation actually engaged in a geoscience research 13 program. 14 ART 3--LICENCES 15 P Division 1--Licences 16 17 Licences 14. An issuing officer may grant the following kinds of fossickers 18 licences-- 19 (a) individual fossickers licences; 20 8 The land may, for example, contain rare or significant minerals, be in an environmentally sensitive area, a catchment area for a reservoir or an urban area, or have major public works on it.

 


 

s 15 17 s 16 Fossicking (b) family fossickers licences; 1 (c) club fossickers licences; 2 (d) educational organisation fossickers licences; 3 (e) commercial tour operator fossickers licences; 4 (f) another kind of fossickers licence prescribed by regulation. 5 6 Applications 15.(1) An application for a licence must be made to an issuing officer for 7 the land mentioned in the application. 8 (2) The application must be in the approved form and accompanied by 9 the fee prescribed by regulation for the licence. 10 (3) However, if the chief executive, by Gazette notice, directs that an 11 application for a licence for a stated mining district, designated fossicking 12 land or fossicking area must be made to a stated issuing officer, an 13 application of that kind must be made to the stated issuing officer.9 14 issuing officer may deal with applications for licence 15 How 16.(1) An issuing officer must consider an application for a licence and 16 either-- 17 (a) grant the licence, with or without conditions; or 18 (b) refuse to grant the licence. 19 (2) If the terms of the issuing officer's appointment prevent the officer 20 granting the licence, the officer-- 21 (a) must not grant the licence; and 22 (b) must tell the applicant where to apply for the licence. 23 (3) The issuing officer must not grant a licence to-- 24 9 Generally, an issuing officer may grant a licence for all land other than land excluded from the Act's application under Part 2. However, in some cases, the issuing officer will only be able to grant a licence for a limited area. If the issuing officer cannot deal with the application, the applicant must be told where to apply for the licence.

 


 

s 17 18 s 19 Fossicking (a) a child; or 1 (b) an authorised officer; or 2 (c) someone who held a licence cancelled not more than 2 years 3 before the day of the application. 4 (4) If the issuing officer decides to grant the licence, the officer must 5 promptly give the applicant-- 6 (a) the licence; and 7 (b) if a condition is stated on the licence--a written notice stating-- 8 (i) the reasons for the condition; and 9 (ii) that the applicant may appeal against the imposition of the 10 condition within 28 days to a Wardens Court. 11 (5) If the issuing officer decides not to grant the licence, the officer must 12 promptly give the applicant a written notice stating-- 13 (a) the decision; and 14 (b) the reasons for the decision; and 15 (c) that the applicant may appeal against the decision within 28 days 16 to a Wardens Court. 17 conditions must not be contravened 18 Licence 17. A licensee must not contravene the licence conditions. 19 Maximum penalty--20 penalty units. 20 not transferable 21 Licence 18. A licence is not transferable. 22 of licence 23 Term 19.(1) A licence is for the term, of not more than 1 year, stated in the 24 licence. 25 (2) A regulation may authorise the issue of a stated kind of licence for a 26 stated shorter term. 27

 


 

s 20 19 s 22 Fossicking licences 1 Replacement 20.(1) A licensee may apply to an issuing officer for the replacement of a 2 lost, stolen or destroyed licence. 3 (2) The issuing officer must consider the application and either-- 4 (a) replace the licence; or 5 (b) refuse to replace the licence. 6 (3) If the issuing officer is satisfied a licence has been lost, stolen or 7 destroyed, the officer must replace the licence. 8 (4) If the issuing officer decides to refuse to replace the licence, the 9 officer must give the applicant a written notice stating-- 10 (a) the decision; and 11 (b) the reasons for the decision; and 12 (c) that the applicant may appeal against the decision within 28 days 13 to a Wardens Court. 14 and cancellation of licences--grounds 15 Suspension 21. A ground for the suspension or cancellation of a licence exists if-- 16 (a) the licensee has contravened a provision of this Act or a condition 17 of the licence; or 18 (b) the licence was obtained by fraud or misrepresentation. 19 and cancellation of licences--procedures 20 Suspension 22.(1) If a mining registrar considers there is a ground to suspend or 21 cancel a licence (the "proposed action"), the mining registrar may give the 22 licensee a written notice-- 23 (a) stating the proposed action; and 24 (b) stating the grounds for the proposed action; and 25 (c) outlining the facts and circumstances forming the basis of the 26 grounds; and 27 (d) if the proposed action is suspension of the licence--stating the 28

 


 

s 22 20 s 22 Fossicking proposed suspension period; and 1 (e) inviting the licensee to show, within a stated time of at least 2 28 days, why the proposed action should not be taken. 3 (2) If, after considering all written representations made within the stated 4 time, the mining registrar still considers there is a ground to take the 5 proposed action, the mining registrar may-- 6 (a) if the proposed action was to suspend the licence for a stated 7 period--suspend the licence for not longer than the proposed 8 suspension period; or 9 (b) if the proposed action was to cancel the licence--either cancel the 10 licence or suspend it for a period. 11 (3) The mining registrar must inform the licensee of the decision by 12 written notice. 13 (4) If the mining registrar decides to suspend or cancel the licence, the 14 notice must state-- 15 (a) the reasons for the decision; and 16 (b) that the licensee may appeal against the decision within 28 days to 17 a Wardens Court. 18 (5) The decision takes effect on the later of-- 19 (a) the day when notice is given to the licensee; or 20 (b) the day of effect stated in the notice. 21 (6) However, if the licence is suspended or cancelled because of the 22 conviction of a person for an offence-- 23 (a) the suspension or cancellation does not take effect until-- 24 (i) the end of the time to appeal against the conviction; and 25 (ii) if an appeal is made against the conviction--the appeal is 26 finally decided; and 27 (b) the suspension or cancellation has no effect if the conviction is 28 quashed on appeal. 29

 


 

s 23 21 s 25 Fossicking of licence 1 Return 23.(1) The holder of a suspended licence, or the former holder of a 2 cancelled licence, must return the licence to the mining registrar within 3 7 days after the suspension or cancellation takes effect, unless the person 4 has a reasonable excuse for not returning it or not returning it within that 5 time. 6 Maximum penalty--20 penalty units. 7 (2) If a suspended licence is returned to the mining registrar, the mining 8 registrar must return it to the licensee at the end of the suspension period. 9 2--Licensees' entitlements and duties 10 Division of "licensee" in Division 11 Meaning 24. In this Division-- 12 "licensee" includes a member of a club, commercial tour group, 13 educational organisation or licensee's family. 14 needed to fossick 15 Licence 25.(1) A person must not fossick for fossicking materials unless the 16 person-- 17 (a) holds a licence; or 18 (b) is a member of a club holding a licence; or 19 (c) is taking part in a commercial tour under the commercial tour 20 operator's fossickers licence; or 21 (d) is a member of-- 22 (i) an educational organisation holding a licence; or 23 (ii) a licensee's family. 24 Maximum penalty--50 penalty units. 25 (2) Subsection (1) does not apply to a person fossicking on land to which 26 a mining claim or mining lease applies-- 27

 


 

s 26 22 s 27 Fossicking (a) on payment to the claim or lease holder of an admission fee; or 1 (b) with the claim or lease holder's permission, for a mineral for 2 which the claim or lease is granted. 3 right to enter unoccupied land to fossick 4 Licensee's 26.(1) Despite any other Act, a licensee may enter and fossick on 5 unoccupied land. 6 (2) However, a person must not fossick on excluded land. 7 Maximum penalty--100 penalty units. 8 (3) In this section-- 9 "excluded land" means land excluded from the Act's operation under 10 Part 2 (Land excluded from Act's application). 11 "unoccupied land" means land other than occupied land. 12 must get permission to fossick on occupied land etc. 13 Licensee 27.(1) A licensee must not fossick-- 14 (a) on occupied land (other than a road reserve, designated fossicking 15 land or a fossicking area) without the owner's written permission; 16 or 17 (b) on land to which a mining claim or mining lease applies without 18 the claim or lease holder's written permission; or 19 (c) on land where a person may take quarry materials under a quarry 20 materials permit without the permit holder's written permission. 21 Maximum penalty--50 penalty units. 22 (2) Permission under subsection (1)-- 23 (a) may be given on conditions; and 24 (b) must be written on or attached to the licensee's licence. 25 (3) If the owner, claim, lease or permit holder (the "permitter") 26 withdraws the permission, the permitter must give a licensee on the land 27 reasonable written notice of its withdrawal. 28

 


 

s 28 23 s 28 Fossicking (4) If the licensee does not leave the land within the reasonable period 1 stated in the notice, the licensee commits an offence against this Act. 2 Maximum penalty--50 penalty units. 3 (5) Subsection (4) does not affect a right or remedy the permitter may 4 have against a licensee apart from this section. 5 (6) In this section-- 6 "quarry materials" includes controlled quarry materials under the Water 7 Resources Act 1989. 8 "quarry materials permit" means-- 9 (a) an agreement, contract, licence, permit, or other authority under 10 the Forestry Act 1959; or 11 (b) a permit under the Water Resources Act 1989. 12 permissions 13 General 28.(1) A person whose permission is needed to allow someone else to 14 fossick on land may give the mining registrar for the mining district where 15 the land is situated permission ("general permission") for-- 16 (a) fossicking on the land; and 17 (b) camping on the land by persons fossicking under a licence. 18 (2) If a person gives a general permission for fossicking on particular 19 land, a licensee does not need the person's written permission to fossick on 20 the land. 21 (3) If a person gives a general permission for camping on particular land 22 by persons fossicking on the land under a licence, a licensee does not need 23 the person's written permission under the following provisions to camp on 24 the land.10 25 (4) However, if the general permission requires the licensee to get 26 another type of permission before entering the land, the licensee must get 27 the other permission before entering the land. 28 10 Unless a general permission for camping is given, written permission is needed for camping on non-regulated designated fossicking land and fossicking areas, and other areas on which a person fossicking under a licence may camp.

 


 

s 29 24 s 31 Fossicking must comply with conditions of permission 1 Licensee 29.(1) This section applies if permission under this Act to fossick on 2 land is given on conditions. 3 (2) A licensee must comply with the conditions of the permission. 4 (3) If a licensee does not comply with a condition of the permission-- 5 (a) the licensee's right to remain on the land ends; and 6 (b) an authorised officer, or the person who gave the permission, 7 may require the licensee to leave the land immediately. 8 (4) If the licensee does not immediately leave the land, the licensee 9 commits an offence against this Act, unless the licensee has a reasonable 10 excuse. 11 Maximum penalty--50 penalty units. 12 (5) This section does not affect a right or remedy the person who gave 13 the permission may have against a licensee apart from this section. 14 tour operator sometimes needs other permissions 15 Commercial 30. A commercial tour operator's fossickers licence does not replace the 16 need for a licence, permit or authority under another Act to enter occupied 17 land. 18 limits on commercial tour operator's fossicker licence 19 Other 31. A commercial tour operator must not conduct a commercial tour in 20 which-- 21 (a) the members of the commercial tour group are allowed to fossick 22 in more than 1 area at the same time; or 23 (b) there are more than 50 members of the commercial tour group 24 who are allowed to fossick under the licence at the same time; or 25 (c) members of the commercial tour group are allowed to fossick for 26 fossils. 27 Maximum penalty--20 penalty units. 28

 


 

s 32 25 s 34 Fossicking on club and educational organisation fossickers licence 1 Limits 32.(1) A club must not allow-- 2 (a) the club's members to fossick under the club's licence in more 3 than 1 area at the same time; or 4 (b) more than 50 members to fossick under the club's licence at the 5 same time. 6 (2) An educational organisation must not allow-- 7 (a) the organisation's members to fossick under the organisation's 8 licence in more than 1 area at the same time; or 9 (b) more than 50 members to fossick under the organisation's licence 10 at the same time. 11 Maximum penalty--20 penalty units. 12 of land mentioned in general permission to be kept 13 Records 33.(1) A mining registrar must keep records of general permissions for 14 land in the mining registrar's mining district. 15 (2) The mining registrar must make the records available for inspection 16 free of charge whenever the mining registrar's office is open to the public. 17 3--General 18 Division fossicking materials become licensee's property 19 When 34.(1) If fossicking materials lawfully collected under a licence are the 20 property of the State, the materials become the licensee's property on 21 collection. 22 (2) However, the licensee must pay royalties on the fossicking materials. 23 (3) Subsection (1) applies despite the following provisions-- 24 Mineral Resources Act 1989, section 1.9 (Crown's property in 25 minerals) 26 Forestry Act 1959, section 45 (Forest products etc. which are the 27 property of the Crown) 28

 


 

s 35 26 s 37 Fossicking Water Resources Act 1989, section 4.3 (Certain quarry material to 1 be and remain the property of the Crown). 2 of royalties to State 3 Payment 35.(1) This Act does not affect a requirement under another Act to lodge 4 royalty returns for, and pay royalties on, fossicking materials collected by a 5 licensee. 6 (2) However, despite the Mineral Resources Act 1989, a licensee need 7 not file a royalty return under the Act for minerals collected by the licensee 8 in a royalty period if no royalty is payable under the Act for the minerals for 9 the period. 10 (3) In this section-- 11 "licensee" means-- 12 (a) the holder of an individual or family fossickers licence; or 13 (b) an individual fossicking under another kind of fossickers licence. 14 or use of fossicking material in trade or commerce 15 Sale 36.(1) This section applies to fossicking material collected under a 16 licence. 17 (2) A licensee must not-- 18 (a) in trade or commerce, sell the material; or 19 (b) use the material in the production of something else for sale in 20 trade or commerce. 21 Maximum penalty--400 penalty units. 22 (3) However, this section does not apply to-- 23 (a) an occasional sale or use of fossicking material; or 24 (b) a sale or use prescribed by regulation. 25 weight or number of specimens may be restricted 26 Volume, 37.(1) A regulation may restrict the volume, weight or number of 27

 


 

s 38 27 s 40 Fossicking fossicking material specimens an individual may collect on particular land. 1 (2) A licensee must not contravene a restriction prescribed by regulation. 2 Maximum penalty--50 penalty units. 3 of machinery etc. prohibited 4 Use 38. A person fossicking under a licence must not use machinery or 5 equipment (other than a hand tool) to fossick. 6 Maximum penalty--400 penalty units. 7 on digging 8 Limits 39.(1) A person fossicking under a licence must not dig below ground 9 level-- 10 (a) to a depth, measured from the highest point at the top of the land 11 dug, of more than-- 12 (i) 0.5 m in a watercourse; or 13 (ii) 2 m on other land; or 14 (iii) a depth fixed under subsection (2); or 15 (b) if the digging involves tunnelling under land or creating an 16 overhang; or 17 (c) in a road reserve. 18 Maximum penalty--20 penalty units. 19 (2) If, in the Minister's opinion, digging to a depth mentioned in 20 subsection (1)(a)(i) or (ii) on particular land may be unsafe, the Governor in 21 Council may fix a reduced depth for the land by regulation. 22 of minerals does not confer rights 23 Discovery 40. To remove any doubt, a licence does not give a person who discovers 24

 


 

s 41 28 s 41 Fossicking a mineral deposit while fossicking a right to do anything other than fossick 1 for the mineral in the deposit under the licence.11 2 ART 4--DESIGNATED FOSSICKING LAND AND 3 P FOSSICKING AREAS 4 Division 1--Designated fossicking land 5 for declaration of designated fossicking land 6 Proposal 41.(1) If the chief executive is satisfied particular land should be declared 7 designated fossicking land, the chief executive must prepare a proposal for 8 the declaration. 9 (2) The proposal must describe the land proposed to become designated 10 fossicking land. 11 (3) The chief executive must give written notice to owners of land 12 proposed to become designated fossicking land and the local government 13 for the land. 14 (4) The notice must state a day by which an owner or the local 15 government may make submissions to the chief executive about the 16 proposal. 17 (5) The chief executive may give notice of the proposal in the newspaper 18 the chief executive considers appropriate if-- 19 (a) the chief executive considers it is impracticable to give notice to 20 each owner of a particular class; or 21 (b) after making the inquiries the chief executive considers 22 appropriate, an owner's name cannot easily be found out. 23 11 The licensee must get a permit, claim, licence or lease under the Mineral Resources Act 1989 to be able to develop the mineral deposit for commercial purposes and has no prior right to a permit, claim, licence or lease merely because of the discovery.

 


 

s 42 29 s 43 Fossicking (6) In this section-- 1 "owner" includes a person having an interest in the land. 2 of designated fossicking land 3 Declaration 42.(1) A regulation may declare particular land to be designated 4 fossicking land, and give the land a name. 5 (2) A regulation must not make a declaration for occupied land without 6 the owner's written agreement or for a known fossil site. 7 (3) The agreement of 1 owner who is a joint tenant or tenant in common 8 with other owners, is, in the absence of evidence to the contrary, taken to be 9 agreement of each other owner who is a joint tenant or tenant in common 10 for subsection (2). 11 (4) A declaration under subsection (1) does not affect-- 12 (a) the rights under the Mineral Resources Act 1989 of a holder of a 13 prospecting permit, exploration permit, mineral development 14 licence, mining claim or mining lease for land stated in the 15 declaration; or 16 (b) a right obtained under the Mineral Resources Act 1989 after the 17 declaration, under an application made before the declaration, for 18 a permit, licence, claim or lease mentioned in paragraph (a) for 19 land stated in the declaration. 20 2--Fossicking areas 21 Division for declaration of fossicking area 22 Proposal 43.(1) If the chief executive is satisfied particular land should be declared 23 a fossicking area, the chief executive must prepare a proposal for the 24 declaration.12 25 12 A fossicking area differs from designated fossicking land. An interest under the Mineral Resources Act 1989 may be granted for land in a fossicking area only if an application for the interest is made before the land becomes a fossicking area or there is an existing interest under that Act. Further interests can be granted for designated fossicking land.

 


 

s 44 30 s 44 Fossicking (2) The proposal must describe the land proposed to become a fossicking 1 area. 2 (3) The chief executive must give written notice to the following 3 persons-- 4 (a) owners of land proposed to become a fossicking area; 5 (b) applicants for, and holders of, an exploration permit, mineral 6 development licence, mining claim or mining lease for the land; 7 (c) the local government for the land. 8 (4) The notice must state a day by which a person mentioned in 9 subsection (3) may make submissions to the chief executive about the 10 proposal. 11 (5) The chief executive may give notice of the proposal in the newspaper 12 the chief executive considers appropriate if-- 13 (a) the chief executive considers it is impracticable to give notice to 14 each owner of a particular class; or 15 (b) after making the inquiries the chief executive considers 16 appropriate, an owner's name cannot easily be found out. 17 (6) In this section-- 18 "owner" includes a person having an interest in the land. 19 of fossicking area 20 Declaration 44.(1) A regulation may declare particular land to be a fossicking area, 21 and give the area a name. 22 (2) A regulation must not make a declaration-- 23 (a) for occupied land--without the owner's written agreement; or 24 (b) for land in an exploration permit, mineral development licence, 25 mining claim or mining lease--without written agreement of the 26 permit, licence, claim or lease holder; or 27 (c) for land in an application under the Mineral Resources Act 1989 28 for an exploration permit, mineral development licence, mining 29 claim or mining lease that has not been rejected or withdrawn 30 when the declaration is made--without the applicant's written 31

 


 

s 45 31 s 47 Fossicking agreement; or 1 (d) for a known fossil site. 2 (3) However, a declaration may be made for land in an application 3 mentioned in subsection (2)(c) for which the applicant's agreement was not 4 obtained if the application is rejected or withdrawn before the declaration is 5 made. 6 (4) The agreement of 1 owner who is a joint tenant or tenant in common 7 with other owners, is, in the absence of evidence to the contrary, taken to be 8 agreement of each other owner who is a joint tenant or tenant in common 9 for subsection (2)(a). 10 3--General 11 Division does not normally affect person's title to land 12 Declaration 45. A declaration of land as designated fossicking land or a fossicking 13 area does not affect a person's title to land unless the owner's agreement to 14 the declaration contains terms binding on the State and the owner and the 15 owner's successors in title.13 16 fee payable 17 No 46. An owner of designated fossicking land or land in a fossicking area 18 must not charge a fee for fossicking on the land. 19 Maximum penalty--10 penalty units. 20 on alienation of State land 21 Restriction 47.(1) This section applies if State land under the Land Act 1962 or the 22 Miners' Homestead Leases Act 1913 is part of designated fossicking land 23 or a fossicking area. 24 (2) State land mentioned in subsection (1) must not be alienated, leased 25 13 Under section 48 (Some agreements run with land) an owner's agreement to a declaration of land as designated fossicking land or a fossicking area may be made binding on the State, the owner and successors in title.

 


 

s 48 32 s 50 Fossicking or occupied without the Minister's approval. 1 (3) However, failure to obtain the Minister's approval does not invalidate 2 an alienation, lease or occupancy. 3 agreements run with land 4 Some 48. An owner's agreement to the declaration of land as designated 5 fossicking land or a fossicking area may contain terms binding on the State, 6 the owner and the owner's successors in title. 7 does agreement end? 8 When 49.(1) An owner's agreement to the declaration of land as designated 9 fossicking land or a fossicking area has effect until it ends under its terms 10 unless-- 11 (a) it is earlier ended under subsection (2); or 12 (b) the declaration of the land as designated fossicking land or a 13 fossicking area is repealed. 14 (2) The agreement may be ended if-- 15 (a) the owner asks for it to be ended; or 16 (b) the Minister considers the land to which the agreement applies is 17 no longer needed, or suitable for use under the agreement, as 18 designated fossicking land or a fossicking area. 19 of agreements 20 Amendment 50. An owner's agreement to the declaration of land as designated 21 fossicking land or a fossicking area may be amended by a later agreement 22 between the State and the owner, including, for example, by removing from 23 the designated fossicking land or fossicking area, if the owner asks, land no 24 longer needed, or suitable for use as designated fossicking land or a 25 fossicking area. 26

 


 

s 51 33 s 53 Fossicking agreement is not needed 1 When 51. If land that is already designated fossicking land or a fossicking area 2 is proposed to be included with other land in a later declaration of land as 3 designated fossicking land or a fossicking area, the owner's agreement to 4 the inclusion of the land in land to be covered by the declaration is not 5 needed. 6 executive may erect signs and carry out works 7 Chief 52.(1) The chief executive may erect signs and carry out works on 8 designated fossicking land and fossicking areas for administrative purposes, 9 hygiene reasons or public enjoyment and protection. 10 (2) However, if the land is occupied land, the chief executive must not 11 carry out works (other than erecting a sign) on the land without the owner's 12 consent. 13 (3) A sign does not affect an owner's access to the land or prevent the 14 exercise of the owner's rights on the land. 15 plans 16 Management 53.(1) The chief executive may prepare a draft management plan for 17 designated fossicking land or a fossicking area if, in the chief executive's 18 opinion, the use of the designated fossicking land or fossicking area should 19 be regulated because of the extent of use of, or the impact of activities on, 20 the land. 21 (2) In preparing the draft management plan, the chief executive must 22 consult with landowners, any land manager for the land, the local 23 government for the land and anyone else the chief executive considers may 24 be affected by the plan. 25 (3) In preparing a final management plan, the chief executive must 26 consider submissions properly made to the chief executive. 27 (4) If the chief executive approves a final management plan, the chief 28 executive must ensure the approved plan is available for public inspection at 29 the following offices whenever they are open to the public-- 30

 


 

s 54 34 s 55 Fossicking (a) the department's head office; 1 (b) the mining registrar's office for the mining district for the land. 2 may appoint manager 3 Minister 54.(1) This section applies to land that is designated fossicking land or a 4 fossicking area (the "land"). 5 (2) The Minister may, with the owner's approval, appoint a manager for 6 the land (the "land manager"). 7 (3) The terms of the appointment are as stated in the instrument of 8 appointment. 9 (4) The Minister must not appoint a person as the land manager if the 10 owner does not agree to the person's appointment. 11 (5) The land manager must-- 12 (a) care for and administer the land; and 13 (b) ensure the management plan for the land is properly carried out; 14 and 15 (c) keep records of all amounts received by the land manager under 16 this Act; and 17 (d) account to the chief executive for the amounts. 18 (6) The Public Sector Management and Employment Act 1988 does not 19 apply to the appointment or employment of the land manager. 20 and commercial activities on designated fossicking land or 21 Trading fossicking areas generally not allowed 22 55.(1) A person must not carry out a trading or commercial activity on 23 designated fossicking land or a fossicking area. 24 Maximum penalty--400 penalty units. 25 (2) Subsection (1) does not apply to lawful activities by or for the owner 26 of the land or the holder of a mining claim or lease over the land. 27 (3) Also, subsection (1) does not prevent a commercial tour group 28 visiting the land under a commercial tour operator's fossicking licence. 29

 


 

s 56 35 s 57 Fossicking on designated fossicking land and fossicking areas 1 Living 56.(1) A person must not live on designated fossicking land or a 2 fossicking area without the mining registrar's written permission. 3 Maximum penalty--400 penalty units. 4 (2) Subsection (1) does not apply to-- 5 (a) an owner of occupied land in designated fossicking land or a 6 fossicking area; or 7 (b) a member of the owner's family, a lessee or sub-lessee from the 8 owner, or anyone living on the land with the owner's permission; 9 or 10 (c) the holder of a mining claim or lease; or 11 (d) an agent or employee of the holder of a mining claim or lease; or 12 (e) anyone else living on the land when it became designated 13 fossicking land or a fossicking area. 14 on designated fossicking land and fossicking areas 15 Conduct 57. A person on designated fossicking land or a fossicking area must 16 not-- 17 (a) obstruct a person lawfully on the land or area, unless the person 18 has a reasonable excuse; or 19 (b) be disorderly; or 20 (c) create a disturbance, unless the person has a reasonable excuse. 21 Maximum penalty--20 penalty units. 22

 


 

s 58 36 s 59 Fossicking PART 5--CAMPING 1 Division 1--Permits 2 camping permits 3 Fossickers 58.(1) An issuing officer may grant the following kinds of fossickers 4 camping permits-- 5 (a) individual fossickers camping permits; 6 (b) family fossickers camping permits; 7 (c) club fossickers camping permits; 8 (d) educational organisation fossickers camping permits; 9 (e) commercial tour operator fossickers camping permits; 10 (f) another kind of fossickers camping permit prescribed by 11 regulation. 12 (2) A regulation may provide for camping under self-registration 13 procedures provided in the regulation. 14 for fossickers camping permits 15 Applications 59.(1) An application for a permit must be made to an issuing officer for 16 the land to which the application applies. 17 (2) The application must be in the approved form and accompanied by 18 the fee prescribed by regulation for the permit. 19 (3) However, if the chief executive, by Gazette notice, directs that an 20 application for a permit for particular designated fossicking land or a 21 particular fossicking area must be made to a particular issuing officer, an 22 application of that kind must be made to that issuing officer. 23 (4) If a person may camp on particular land under self-registration 24 procedures, this section does not prevent the person applying for a permit 25 under the self-registration procedures. 26

 


 

s 60 37 s 63 Fossicking issuing officer may deal with applications for permit 1 How 60.(1) An issuing officer must consider an application for a permit and 2 either-- 3 (a) grant the permit, with or without conditions; or 4 (b) refuse to grant the permit. 5 (2) If the terms of the issuing officer's appointment prevent the officer 6 granting the permit, the officer-- 7 (a) must not grant the permit; and 8 (b) must tell the applicant where to apply for the permit. 9 (3) If the issuing officer decides to grant the permit, the officer must 10 promptly give the applicant the permit. 11 (4) However, the issuing officer must refuse to grant a permit for 12 camping on regulated camping land if granting it would allow the applicant 13 to camp continuously on the same regulated camping land for longer than 14 the maximum term of a permit. 15 conditions must not be contravened 16 Permit 61. The permit holder and anyone else camping under the permit must 17 comply with the permit conditions. 18 Maximum penalty--20 penalty units. 19 not transferable 20 Permit 62. A permit is not transferable. 21 of permit 22 Term 63.(1) A permit is for the term stated in the permit. 23 (2) A regulation may prescribe a maximum term for permits. 24

 


 

s 64 38 s 66 Fossicking 2--Camping 1 Division does not apply to some individuals 2 Division 64. This Division does not apply to camping on designated fossicking 3 land or a fossicking area if the person camping on the land is-- 4 (a) the owner; or 5 (b) an agent of, or lessee or sub-lessee from, the owner; or 6 (c) someone else camping on the owner's land with the owner's 7 permission; or 8 (d) the holder of a mining claim or mining lease over the land where 9 the person is camping; or 10 (e) an agent of a mining claim or lease holder of the land where the 11 person is camping. 12 camping land 13 Prohibited 65.(1) A regulation may declare designated fossicking land or a 14 fossicking area to be prohibited camping land. 15 (2) A person must not camp on prohibited camping land. 16 Maximum penalty for subsection (2)--20 penalty units. 17 camping land 18 Regulated 66.(1) A regulation may declare designated fossicking land or a 19 fossicking area to be regulated camping land. 20 (2) A regulation must not declare land to be regulated camping land 21 without the agreement of-- 22 (a) if camping on the land is regulated under a local law--the local 23 government for the land; or 24 (b) if the land is occupied land--the owner of the land. 25 (3) If land mentioned in subsection (2)(a) or (b), or land on which 26 camping is regulated under another Act, becomes regulated camping land-- 27

 


 

s 67 39 s 68 Fossicking (a) a provision of the Act or local law regulating camping on the land 1 ceases to apply to the land to the extent stated in the regulation; 2 and 3 (b) no camping fee is payable to the owner by persons camping on 4 the land under this Act. 5 needed to camp on regulated camping land 6 Permit 67.(1) A person must not camp on regulated camping land unless the 7 person-- 8 (a) holds a permit; or 9 (b) is a member of a club holding a licence; or 10 (c) is taking part in a commercial tour under the commercial tour 11 operator's fossicking licence; or 12 (d) is a member of-- 13 (i) an educational organisation holding a licence; or 14 (ii) a permit holder's family. 15 (2) Also, if the regulated camping land is land to which a mining claim 16 or lease applies, the person must not camp on the land without the claim or 17 lease holder's permission.14 18 Maximum penalty--20 penalty units. 19 on non-regulated designated fossicking land and fossicking 20 Camping areas 21 68.(1) This section applies to camping on designated fossicking land or a 22 fossicking area (other than prohibited camping land and regulated camping 23 land). 24 (2) If the land is occupied land or land to which a mining claim or lease 25 applies, a person fossicking under a licence must not camp on the land 26 14 A permission mentioned in this section and sections 68 and 69 includes a general permission under section 28 (General permissions).

 


 

s 69 40 s 70 Fossicking without the owner's or claim or lease holder's permission. 1 Maximum penalty--20 penalty units. 2 on other land 3 Camping 69.(1) This section applies to camping on land other than designated 4 fossicking land and a fossicking area. 5 (2) If the land is occupied land or land to which a mining claim or 6 mining lease applies, a person fossicking under a licence must not camp on 7 the land without the owner's, or claim or lease holder's, permission. 8 Maximum penalty--20 penalty units. 9 of conditions of permission 10 Breach 70.(1) This section applies to a person camping on land (other than 11 prohibited camping land) while fossicking on the land under a licence. 12 (2) If the person does not comply with the conditions of the permission 13 to camp on the land-- 14 (a) the person's right to remain on the land ends; and 15 (b) an authorised officer, the landowner, claim holder or lease holder 16 may require the person to leave the land immediately. 17 (3) If the person does not leave the land immediately, the person 18 commits an offence against this Act. 19 Maximum penalty--50 penalty units. 20 (4) This section does not affect a right or remedy the owner may have 21 against the person apart from this section. 22

 


 

s 71 41 s 72 Fossicking ART 6--ADMINISTRATION AND ENFORCEMENT 1 P Division 1--Administration 2 executive may appoint issuing officers 3 Chief 71.(1) The chief executive may appoint an appropriate person as an 4 issuing officer under this Act. 5 (2) The chief executive may, in the appointment-- 6 (a) authorise the person to grant a licence or permit for any land to 7 which this Act applies, or a particular mining district, designated 8 fossicking land or fossicking area; or 9 (b) limit the person's authority to grant a licence or permit to-- 10 (i) a particular kind of licence or permit; or 11 (ii) a shorter term (stated in the appointment) than the maximum 12 term prescribed by regulation for the licence or permit; or 13 (c) authorise employees of the person to grant licences and permits 14 of a particular kind. 15 (3) The chief executive may authorise an issuing officer (other than an 16 officer of the public service or member or employee of a local government) 17 to charge commission or keep a specified part of the prescribed fee for 18 granting a licence or permit. 19 (4) The commission that may be charged, or part of the prescribed fee 20 that may be kept, must be fixed by regulation. 21 executive may appoint authorised officers 22 Chief 72.(1) The chief executive may appoint any of the following persons as 23 authorised officers-- 24 (a) officers and employees of the public service; 25 (b) employees of a government owned corporation; 26 (c) members or employees of a local government; 27 (d) other persons prescribed by regulation. 28

 


 

s 73 42 s 74 Fossicking (2) The chief executive may appoint a person as an authorised officer 1 only if-- 2 (a) in the chief executive's opinion, the person has the necessary 3 experience or expertise to be an authorised officer; or 4 (b) the person has satisfactorily finished training approved by the 5 chief executive. 6 (3) If the person is a member or employee of a local government, the 7 chief executive must not make the appointment without the agreement of 8 the local government's chief executive officer. 9 (4) The chief executive may restrict an authorised person's powers by 10 written notice given to the person. 11 of authorised officer's powers 12 Limitation 73. The powers of an authorised officer may be limited-- 13 (a) under a regulation; or 14 (b) under a condition of appointment; or 15 (c) by written notice of the chief executive given to the authorised 16 officer. 17 officer's conditions of appointment 18 Authorised 74.(1) An authorised officer holds office on the conditions specified in 19 the instrument of appointment. 20 (2) An authorised officer-- 21 (a) if the appointment provides for a term of appointment--ceases 22 holding office at the end of the term; and 23 (b) may resign by signed notice of resignation given to the chief 24 executive; and 25 (c) if the conditions of appointment provide--ceases holding office 26 as an authorised officer on ceasing to hold another office stated in 27 the conditions of appointment. 28

 


 

s 75 43 s 76 Fossicking (3) In this section-- 1 "authorised officer" means a person appointed as an authorised officer.15 2 officer's identity card 3 Authorised 75.(1) The chief executive must give each authorised officer an identity 4 card. 5 (2) The identity card must-- 6 (a) contain a recent photograph of the authorised officer; and 7 (b) be signed by the authorised officer; and 8 (c) identify the person as an authorised officer under this Act. 9 (3) A person who ceases to be an authorised officer must, as soon as 10 practicable, but within 21 days after ceasing to hold the office, return the 11 identity card to the chief executive, unless the person has a reasonable 12 excuse for not returning it. 13 Maximum penalty--20 penalty units. 14 (4) This section does not apply to an officer of another department or an 15 employee of a government owned corporation who holds an identity card 16 issued by that department or corporation. 17 (5) Nothing in this section prevents the issue of a single identity card to a 18 person for this and other Acts. 19 or display of authorised officer's identity card 20 Production 76.(1) An authorised officer may exercise a power in relation to someone 21 else only if the officer-- 22 (a) first produces his or her identity card for the other person's 23 inspection; or 24 (b) has his or her identity card displayed so that it is clearly visible to 25 the person. 26 (2) However, if, for any reason, it is not practicable to comply with 27 15 The chief executive may appoint authorised officers under section 72.

 


 

s 77 44 s 79 Fossicking subsection (1), the authorised officer must produce the identity card for the 1 person's inspection at the first reasonable opportunity. 2 of authorised officer 3 Powers 77.(1) An authorised officer has the powers given under this or another 4 Act. 5 (2) A regulation may limit the powers of authorised officers. 6 2--General powers of authorised officer 7 Division with person contravening Act 8 Dealing 78.(1) If an authorised officer believes on reasonable grounds a person is 9 contravening or has just contravened a provision of this Act, the officer may 10 direct the person-- 11 (a) to leave the land within a stated reasonable time; or 12 (b) if the officer believes on reasonable grounds the contravention is 13 serious--to leave the land immediately; 14 and not to re-enter the land for a stated reasonable period of not more than 15 7 days. 16 (2) The person must comply with a direction given to the person under 17 subsection (1), unless the person has a reasonable excuse for not complying 18 with it. 19 Maximum penalty--50 penalty units. 20 (3) Subsection (1)(b) does not apply to the owner of the land. 21 (4) A permit held by a person who is directed to leave land under this 22 section is cancelled by force of this subsection when the person is required 23 to have left the land. 24 of fossicking sites 25 Safety 79.(1) An authorised officer or an inspector under the Mines Regulation 26 Act 1964 may direct a person fossicking under a licence to take stated 27

 


 

s 80 45 s 81 Fossicking reasonable steps within a stated reasonable time to make land used by the 1 person safe. 2 (2) The person must comply with a direction given to the person under 3 subsection (1), unless the person has a reasonable excuse for not complying 4 with it. 5 Maximum penalty--20 penalty units. 6 officer may restrict activities 7 Authorised 80.(1) An authorised officer may prohibit fossicking, camping or the use 8 of fire on designated fossicking land or a fossicking area for a stated period 9 by notice displayed on the land if the officer considers it necessary or 10 desirable-- 11 (a) for safety or hygiene reasons; or 12 (b) to allow land to be rehabilitated; or 13 (c) to prevent inconvenience to anyone on the land. 14 15 Examples of paragraph (c)-- 1. There may be too many people fossicking on the land. 16 2. The owner may want to muster stock on the land. 17 (2) A person must comply with a notice displayed under subsection (1), 18 unless the person has a reasonable excuse for not complying with it. 19 Maximum penalty--20 penalty units. 20 of licence or permit 21 Production 81.(1) An authorised officer may ask a person apparently fossicking 22 under a licence or camping on regulated camping land to produce the 23 person's licence or permit immediately for inspection. 24 (2) The person must produce the licence or permit, unless the person has 25 a reasonable excuse for not producing it. 26 Maximum penalty--5 penalty units. 27

 


 

s 82 46 s 83 Fossicking of place 1 Entry 82. An authorised officer or an inspector under the Mines Regulation Act 2 1964 may enter a place if-- 3 (a) it is designated fossicking land or a fossicking area and the land 4 entered is not part of a living area; or 5 (b) a general permission to fossick or camp on the land is in force 6 and the land entered is not part of a living area; or 7 (c) its occupier consents to the entry or the purpose of the entry is to 8 get the occupier's consent; or 9 (d) it is a public place and the entry is made when it is open to the 10 public; or 11 (e) it is-- 12 (i) not within a city or town under the Local Government Act 13 1993 and is used for rural purposes; or 14 (ii) town land used for rural purposes or an extractive industry; 15 or 16 (iii) vacant town land; 17 and, in all the circumstances, it is not reasonably practicable to 18 obtain the consent of the owner of the place; or 19 (f) the entry is authorised by a warrant. 20 21 Warrants 83.(1) An authorised officer may apply to a Magistrate for a warrant for 22 a place. 23 (2) An application must be sworn and state the grounds on which the 24 warrant is sought. 25 (3) The Magistrate may refuse to consider the application until the 26 authorised officer gives the Magistrate all the information the Magistrate 27 requires about the application in the way the Magistrate requires. 28 29 Example-- The Magistrate may require additional information supporting the 30

 


 

s 84 47 s 84 Fossicking application to be given by statutory declaration. 1 (4) The Magistrate may issue a warrant only if the Magistrate is satisfied 2 there are reasonable grounds for suspecting-- 3 (a) there is a particular thing (the "evidence") that may provide 4 evidence of the commission of an offence against this Act; and 5 (b) the evidence is, or may be within the next 7 days, at the place. 6 (5) The warrant must state-- 7 (a) that the authorised officer may, with necessary and reasonable 8 help and force, enter the place or vehicle and exercise the 9 authorised officer's powers under this Act; and 10 (b) the evidence for which the warrant is issued; and 11 (c) the hours of the day when entry may be made; and 12 (d) the day (within 14 days after the warrant's issue) when the 13 warrant ends. 14 made other than in person 15 Warrants--applications 84.(1) An authorised officer may apply for a warrant by phone, fax, 16 radio or another form of communication if the officer considers it necessary 17 because of-- 18 (a) urgent circumstances; or 19 (b) other special circumstances, including, for example, the 20 authorised officer's remote location. 21 (2) Before applying for the warrant, the authorised officer must prepare 22 an application stating the grounds on which the warrant is sought. 23 (3) The authorised officer may apply for the warrant before the 24 application is sworn. 25 (4) After issuing the warrant, the Magistrate must immediately fax a 26 copy to the authorised officer if it is reasonably practicable to fax the copy. 27 (5) If it is not reasonably practicable to fax a copy of the warrant to the 28 authorised officer-- 29 (a) the Magistrate must-- 30

 


 

s 85 48 s 85 Fossicking (i) tell the authorised officer what the terms of the warrant are; 1 and 2 (ii) tell the authorised officer the date and time the warrant was 3 signed; and 4 (iii) record on the warrant the reasons for issuing the warrant; 5 and 6 (b) the authorised officer must-- 7 (i) complete a form of warrant ("warrant form") in the same 8 terms as the warrant issued by the Magistrate; and 9 (ii) write on the warrant form the name of the Magistrate and the 10 date and time the Magistrate signed the warrant. 11 (6) The facsimile warrant, or the warrant form properly completed by the 12 authorised officer, is authority for the entry and the exercise of the other 13 powers authorised by the warrant issued by the Magistrate. 14 (7) The authorised officer must send to the Magistrate-- 15 (a) the sworn application; and 16 (b) if a warrant form was completed by the officer--the completed 17 warrant form. 18 (8) The sworn application form and any completed warrant form must 19 be sent to the Magistrate at the earliest practicable opportunity. 20 (9) When the Magistrate receives the application and any warrant form, 21 the Magistrate must attach them to the warrant issued by the Magistrate. 22 (10) If-- 23 (a) in a proceeding a question arises whether the exercise of a power 24 was authorised by a warrant issued under this section; and 25 (b) the warrant is not produced in evidence; 26 the court must presume the exercise of a power was not authorised by a 27 warrant unless the contrary is proved. 28 of vehicles 29 Entry 85.(1) An authorised officer may enter a vehicle if the authorised officer 30

 


 

s 85 49 s 85 Fossicking has reasonable grounds for suspecting-- 1 (a) the vehicle is being, or has been, used in the commission of an 2 offence against 1 of the following provisions-- 3 section 36 (Sale or use of fossicking material in trade or 4 commerce) 5 section 37 (Volume, weight or number of specimens may 6 be restricted) 7 section 38 (Use of machinery etc. prohibited) 8 section 55 (Trading and commercial activities on designated 9 fossicking land or fossicking areas generally not allowed) 10 section 91(3) (Power to seize weapons etc.); or 11 (b) the vehicle, or a thing in or on the vehicle, may provide evidence 12 of the commission of an offence against a provision mentioned in 13 paragraph (a). 14 (2) If the vehicle is moving or about to move, the authorised officer may 15 signal the person in control of the vehicle to stop the vehicle or not to move 16 it. 17 (3) To enable the vehicle to be entered, the authorised officer may-- 18 (a) act with necessary and reasonable help and force; and 19 (b) require the person in control of the vehicle to give reasonable help 20 to the officer. 21 (4) A person must obey a signal under subsection (2), unless the person 22 has a reasonable excuse for not obeying it. 23 Maximum penalty--20 penalty units. 24 (5) A person must comply with a requirement under subsection (3)(b), 25 unless the person has a reasonable excuse for not complying with it. 26 Maximum penalty--20 penalty units. 27 (6) It is a reasonable excuse for a person to disobey a signal under 28 subsection (2) if-- 29 (a) the person reasonably believes that to obey the signal immediately 30 would have endangered the person or someone else, or the 31

 


 

s 86 50 s 86 Fossicking vehicle; and 1 (b) the person obeys the signal as soon as it is practicable to obey it. 2 powers in relation to places and vehicles 3 General 86.(1) An authorised officer who enters a place or vehicle under this Part 4 may-- 5 (a) search any part of the place or vehicle; or 6 (b) examine, inspect, test, photograph or film anything in or on the 7 place or vehicle; or 8 (c) take samples of or from anything in or on the place or vehicle; or 9 (d) take extracts from, or make copies of, a document in or on the 10 place or vehicle; or 11 (e) take into or onto the place or vehicle any persons, equipment and 12 materials the authorised officer reasonably requires for exercising 13 a power under this Act; or 14 (f) require the occupier of the place, or a person in or on the place or 15 vehicle, to give the authorised officer reasonable help to exercise 16 the powers mentioned in paragraphs (a) to (e); or 17 (g) if the authorised officer enters a vehicle--by written notice given 18 to the person in control of the vehicle, require the person-- 19 (i) to take the vehicle to a stated reasonable place by a stated 20 reasonable time; and 21 (ii) if necessary, to remain in control of the vehicle at the place 22 for a reasonable time; 23 to enable the officer to exercise the powers mentioned in 24 paragraphs (a) to (e); or 25 (h) if the authorised officer enters a vehicle--require the person in 26 charge of the vehicle to accompany the authorised officer to 27 enable the authorised officer to comply with subsection (8). 28 (2) If the entry is made to a place other than under a warrant, the 29 authorised officer may exercise the power mentioned in subsection (1)(a) 30 only if the occupier consents to the exercise of the power. 31

 


 

s 86 51 s 86 Fossicking (3) A person who is required by an authorised officer under 1 subsection (1)(f) to give the officer reasonable help for the exercise of a 2 power must comply with the requirement, unless the person has a 3 reasonable excuse for not complying with it. 4 Maximum penalty--20 penalty units. 5 (4) If the help is required to be given to a person by-- 6 (a) answering a question; or 7 (b) producing a document (other than a licence or permit); 8 it is a reasonable excuse for the person to fail to answer the question, or 9 produce the document, if complying with the requirement might tend to 10 incriminate the person. 11 (5) A person who is required by an authorised officer under 12 subsection (1)(g) to take action in relation to a vehicle must comply with the 13 requirement, unless the person has a reasonable excuse for not complying 14 with it. 15 Maximum penalty--20 penalty units. 16 (6) If, for any reason, it is not practicable to make a requirement under 17 subsection (1)(g) by written notice, the requirement may be made orally and 18 confirmed by written notice as soon as practicable. 19 (7) Nothing in this section prevents an authorised officer making a 20 further requirement under subsection (1)(g) of the same person or another 21 person in relation to the same vehicle, if it is necessary and reasonable to 22 make the requirement. 23 (8) The authorised officer must not enter a part of a vehicle used only as 24 a living area, or exercise a power under subsection (1)(a) to (d) in relation to 25 that part, unless the authorised officer is accompanied by the person in 26 control of the vehicle. 27 (9) Subsection (8) does not apply if the person in control of the vehicle is 28 unavailable or unwilling to accompany the authorised officer or the 29 authorised officer is unable for another reason to comply with the 30 subsection. 31 (10) This section does not apply to an authorised officer who enters a 32 place to get the occupier's consent unless the consent is given or the entry is 33 otherwise authorised. 34

 


 

s 87 52 s 88 Fossicking to seize evidence 1 Power 87.(1) An authorised officer who enters a place under this Part under a 2 warrant may seize the evidence for which the warrant was issued. 3 (2) An authorised officer who enters a place under this Part with the 4 occupier's consent may seize the particular thing for which the entry was 5 made if the officer believes on reasonable grounds that the thing is evidence 6 of an offence against this Act. 7 (3) An authorised officer who enters a place under this Part under a 8 warrant, or with the occupier's consent, may also seize anything else if the 9 officer believes on reasonable grounds-- 10 (a) the thing is evidence of the commission of an offence against this 11 Act; and 12 (b) the seizure is necessary to prevent-- 13 (i) the concealment, loss or destruction of the thing; or 14 (ii) the use of the thing in committing, continuing or repeating 15 the offence. 16 (4) An authorised officer who enters a place under this Part other than 17 under a warrant or with the occupier's consent, may seize a thing if the 18 officer believes on reasonable grounds-- 19 (a) the thing is evidence of the commission of an offence against this 20 Act; and 21 (b) the seizure is necessary to prevent-- 22 (i) the concealment, loss or destruction of the thing; or 23 (ii) the use of the thing in committing, continuing or repeating 24 the offence. 25 to seize evidence after entering a vehicle 26 Power 88. An authorised officer who enters a vehicle under a warrant under this 27 Part may seize-- 28 (a) a thing in or on the vehicle; or 29 (b) the vehicle itself; 30

 


 

s 89 53 s 89 Fossicking if the authorised officer believes, on reasonable grounds, the thing or vehicle 1 is evidence of the commission of an offence against 1 of the following 2 provisions-- 3 (a) for a vehicle-- 4 section 36 (Sale or use of fossicking material in trade or 5 commerce) 6 section 37 (Volume, weight or number of specimens may 7 be restricted) 8 section 38 (Use of Machinery etc. prohibited) 9 section 55 (Trading and commercial activities on designated 10 fossicking land or fossicking areas generally not allowed); or 11 (b) for a thing-- 12 a provision mentioned in paragraph (a) 13 section 91(3) (Power to seize weapons etc.). 14 after thing seized 15 Procedure 89.(1) As soon as possible after a thing is seized by an authorised officer 16 under this Part, the authorised officer must give a receipt for it to the person 17 from whom it was seized. 18 (2) The receipt must describe generally each thing seized and its 19 condition. 20 (3) If, for any reason, it is not practicable to comply with subsection (1), 21 the authorised officer must-- 22 (a) leave the receipt where the thing was seized; and 23 (b) ensure the receipt is left in a reasonably secure way and in a 24 conspicuous position. 25 (4) The authorised officer must return the thing seized to the person at the 26 end of-- 27 (a) 6 months; or 28 (b) if a prosecution for an offence involving the thing is started within 29 the 6 months--the prosecution for the offence and any appeal 30

 


 

s 90 54 s 90 Fossicking from the prosecution. 1 (5) Despite subsection (4), the authorised officer must return the seized 2 thing to the person immediately the authorised officer stops being satisfied 3 its retention is necessary. 4 (6) However, the authorised officer may keep the seized thing if the 5 authorised officer believes, on reasonable grounds, that its continued 6 retention is necessary to prevent its use in committing an offence against 7 this Act. 8 to require name and address 9 Power 90.(1) An authorised officer may require a person to state the person's 10 name and address if the officer-- 11 (a) finds the person committing an offence against this Act; or 12 (b) finds the person in circumstances that lead, or has information 13 that leads, the authorised officer to suspect on reasonable grounds 14 that the person just committed an offence against this Act; or 15 (c) has information that leads the authorised officer to suspect, on 16 reasonable grounds, that a person has just committed an offence 17 against this Act. 18 (2) When making the requirement, the authorised officer must warn the 19 person it is an offence to fail to state the person's name and address, unless 20 the person has a reasonable excuse. 21 (3) The authorised officer may require the person to give evidence of the 22 correctness of the person's name or address if the officer suspects, on 23 reasonable grounds, that the stated name or address is false. 24 (4) A person must comply with a requirement under subsection (1) or 25 (3), unless the person has a reasonable excuse for not complying with it. 26 Maximum penalty--20 penalty units. 27 (5) The person does not commit an offence against this section if-- 28 (a) the authorised officer required the person to state the person's 29 name and address on suspicion of the person having committed 30 an offence against this Act; and 31 (b) the person is not proved to have committed the offence. 32

 


 

s 91 55 s 92 Fossicking to seize weapons etc. 1 Power 91.(1) This section applies if a person brings a weapon or explosive onto 2 designated fossicking land or a fossicking area. 3 (2) An authorised officer may require a person using, about to use, or in 4 possession of a weapon or explosive on designated fossicking land or a 5 fossicking area-- 6 (a) to remove the weapon or explosive from the land or area; or 7 (b) to surrender the weapon or explosive to the officer. 8 (3) A person must not contravene a requirement under subsection (2), 9 unless the person has a reasonable excuse for not complying with it. 10 Maximum penalty--20 penalty units. 11 (4) If the person surrenders the weapon or explosive to the authorised 12 officer, the authorised officer must-- 13 (a) notify a police officer of the surrender to the authorised officer of 14 the weapon or explosive; and 15 (b) either-- 16 (i) keep the weapon or explosive until the owner of the weapon 17 or explosive leaves the land or area; or 18 (ii) if required by the police officer, give it to the police officer to 19 be dealt with under the Weapons Act 1990. 20 (5) An authorised officer does not, by merely keeping a weapon or 21 explosive under this section, contravene the Weapons Act 1990. 22 3--Offences 23 Division of authorised officer 24 Obstruction 92. A person must not obstruct an authorised officer, or a person helping 25 an authorised officer, in the exercise of a power, unless the person has a 26 reasonable excuse. 27 Maximum penalty--50 penalty units. 28

 


 

s 93 56 s 95 Fossicking land after direction to leave 1 Re-entering 93. A person given a direction under section 78 (Dealing with person 2 contravening Act) to leave land where the person is fossicking must not re- 3 enter the land-- 4 (a) within the period stated in the direction; and 5 (b) after the end of the period without the owner's permission; 6 unless the person has a reasonable excuse for the re-entry. 7 Maximum penalty--20 penalty units. 8 for offences 9 Proceedings 94.(1) A proceeding for an offence against this Act may be started in a 10 Wardens Court. 11 (2) In the proceeding, the Warden has the powers of a Magistrate under 12 the Magistrates Courts Act 1921. 13 Division 4--Proceedings 14 on conviction 15 Forfeiture 95.(1) On the conviction of a person for an offence against this Act, a 16 Wardens Court may order the forfeiture to the State of any of the 17 following-- 18 (a) anything used to commit the offence; 19 (b) anything else the subject of the offence. 20 (2) Also, a Wardens Court may order the retention of the thing by an 21 authorised officer for a stated time. 22 (3) A Wardens Court may make any order to enforce the forfeiture or 23 retention that it considers appropriate. 24 (4) This section does not limit the Wardens Court's powers under the 25 Penalties and Sentences Act 1992 or any other law. 26

 


 

s 96 57 s 97 Fossicking with forfeited things 1 Dealing 96.(1) On the forfeiture of a thing, the thing becomes the State's property 2 and may be dealt with by the State as it considers appropriate. 3 (2) Without limiting subsection (1), the State may-- 4 (a) sell it to its previous owner or a person who had a legal or 5 beneficial interest in it; or 6 (b) sell it to anyone else (by auction, tender or otherwise); or 7 (c) destroy it or give it away. 8 of abandoned property 9 Disposal 97.(1) In this section-- 10 "abandoned property" means property (including a vehicle and anything 11 attached to, or contained in a vehicle) an authorised officer believes on 12 reasonable grounds has been abandoned. 13 (2) If an authorised officer finds abandoned property on designated 14 fossicking land or a fossicking area and intends to take action under this 15 section, the authorised officer-- 16 (a) must take reasonable steps to locate the owner of the property; 17 and 18 (b) may move the property to a place the authorised officer considers 19 appropriate. 20 (3) As soon as is practicable but within 14 days after finding the 21 abandoned property and deciding to take action under this section, the 22 authorised officer must give to the owner of the property a written notice 23 describing the property, stating that the property has been found, explaining 24 how it may be recovered and stating that it may be sold or disposed of if it 25 is not recovered. 26 (4) If the owner of the property cannot be located within the 14 days 27 mentioned in subsection (3), the notice may be given by publishing it in a 28 newspaper circulating generally throughout the State. 29 (5) Subsection (4) does not apply if the authorised officer believes, on 30 reasonable grounds, the property has no value or a value less than an 31 amount prescribed by regulation. 32

 


 

s 97 58 s 97 Fossicking (6) If a person claims the abandoned property within 1 month after the 1 notice is given, the authorised officer must return the property to the person 2 if the person-- 3 (a) satisfies the authorised officer that the person is the owner of the 4 property; and 5 (b) pays the expenses reasonably incurred by the authorised officer in 6 dealing with the property. 7 (7) If a person does not claim the abandoned property within 1 month 8 after the notice is given, the chief executive may-- 9 (a) sell the property; or 10 (b) dispose of the property in the way the chief executive considers 11 appropriate if the proceeds of sale of the property are not likely to 12 cover the total of-- 13 (i) the expenses reasonably incurred by the chief executive in 14 selling the property; and 15 (ii) the expenses reasonably incurred by the authorised officer in 16 dealing with the property under this section; and 17 (iii) any other expenses owing to the chief executive in relation to 18 the property. 19 (8) If the abandoned property is sold, the proceeds of the sale must be 20 applied in the following order-- 21 (a) in payment of the expenses reasonably incurred by the chief 22 executive in selling the property; 23 (b) in payment of the expenses reasonably incurred by the authorised 24 officer in dealing with the property under this section; 25 (c) if the removal of the property caused damage to the land where it 26 was found--in payment of the reasonable cost of rectifying the 27 damage, including by rehabilitating the land; 28 (d) in payment of any other expenses owing to the chief executive in 29 relation to the property; 30 (e) in payment of any balance to the owner of the property. 31 (9) Despite anything else in this section, if the abandoned property has no 32

 


 

s 98 59 s 98 Fossicking value or insufficient value to justify its sale, the chief executive may dispose 1 of the property in the way the chief executive considers appropriate. 2 (10) Compensation is not recoverable against the chief executive for a 3 payment under this section. 4 provision 5 Evidentiary 98.(1) This section applies to a proceeding under this Act. 6 (2) The appointment or power of an authorised officer must be presumed 7 unless a party, by reasonable notice, requires proof of the appointment or 8 the power of the authorised officer to do anything under this Act. 9 (3) A signature purporting to be the signature of any of the following 10 persons is evidence of the signature it purports to be-- 11 (a) the chief executive; 12 (b) an authorised officer; 13 (c) the chief executive of the department in which the Land Act 1962 14 is administered; 15 (d) the person holding office in the department as chief government 16 geologist. 17 (4) A certificate, purporting to be signed by the chief executive of the 18 department in which the Land Act 1962 is administered, stating that 19 specified land is occupied land is evidence of the things stated. 20 (5) A certificate purporting to be signed by a person mentioned in 21 subsection (3)(d) and stating a substance is a mineral, gemstone, 22 ornamental stone or fossil is evidence of the thing stated. 23 (6) A certificate purporting to be signed by the chief executive or an 24 authorised officer and stating any of the following matters is evidence of the 25 matter-- 26 (a) a stated document is a copy of-- 27 (i) a licence or permit or a copy of a licence or permit; or 28 (ii) a direction, requirement or decision or a copy of a direction, 29 requirement or decision given or made under this Act; or 30 (iii) a notice, or a copy of a notice, given under this Act; or 31

 


 

s 99 60 s 99 Fossicking (iv) a record, or a copy of a record, kept under this Act; or 1 (v) a document, or a copy of a document, kept under this Act; 2 (b) on a stated day, or during a stated period, a stated person was or 3 was not the holder of a licence or permit; 4 (c) a stated licence or permit was or was not in force on a stated day 5 or during a stated period; 6 (d) on a stated day-- 7 (i) a licence was suspended for a stated period; or 8 (ii) a licence or permit was cancelled; 9 (e) on a stated day, a stated person was given a stated notice 10 requirement or direction under this Act; 11 (f) anything else prescribed by regulation. 12 PART 7--APPEALS 13 to Wardens Court 14 Appeals 99.(1) An applicant for a licence or permit may appeal against an issuing 15 officer's decision to refuse to grant the licence or permit. 16 (2) A licensee may appeal against-- 17 (a) a decision of an issuing officer-- 18 (i) to impose a condition on a licence; or 19 (ii) to refuse to replace a licence; or 20 (b) a decision of a mining registrar to suspend or cancel a licence; or 21 (c) a decision of an authorised officer resulting in the cancellation of a 22 person's permit under section 78(5) (Dealing with person 23 contravening Act). 24 (3) The appeal may be made to the Wardens Court for the mining district 25 for the land involved in the person's application, licence or permit. 26

 


 

s 100 61 s 102 Fossicking to start an appeal 1 How 100.(1) An appeal is started by filing a written notice of the appeal with 2 the clerk of the court for the Wardens Court. 3 (2) The clerk of the court must give a copy of the notice to the authorised 4 officer, issuing officer or mining registrar whose decision is being appealed 5 against. 6 (3) The notice of appeal must be filed within 28 days after the appellant 7 receives notice of the decision appealed against. 8 (4) The Wardens Court may at any time extend the period for filing the 9 notice of the appeal. 10 (5) The notice of appeal must state the grounds of the appeal. 11 of operation of decisions etc. 12 Stay 101.(1) A Wardens Court may stay a decision appealed against to secure 13 the effectiveness of the appeal. 14 (2) A stay-- 15 (a) may be given on conditions the Wardens Court considers 16 appropriate; and 17 (b) operates for the period specified by the Wardens Court; and 18 (c) may be revoked or amended by the Wardens Court. 19 (3) The period of a stay specified by the Wardens Court must not extend 20 past the time when the Wardens Court decides the appeal. 21 (4) The starting of an appeal against a decision affects the decision, or the 22 carrying out of the decision, only if the decision is stayed. 23 procedures 24 Hearing 102.(1) An appeal is to be by way of rehearing unaffected by the decision 25 of the authorised officer, issuing officer or mining registrar concerned. 26 (2) In deciding an appeal, the Wardens Court-- 27 (a) is not bound by the rules of evidence; and 28

 


 

s 103 62 s 105 Fossicking (b) must observe natural justice; and 1 (c) may hear the appeal in court or chambers. 2 of Court on appeal 3 Powers 103.(1) In deciding an appeal, the Wardens Court may-- 4 (a) confirm the decision appealed against; or 5 (b) set aside the decision and substitute another decision; or 6 (c) set aside the decision and return the decision to the authorised 7 officer, issuing officer or mining registrar with directions the 8 court considers appropriate. 9 (2) In substituting another decision, the Wardens Court has the same 10 powers as an authorised officer, issuing officer or mining registrar. 11 12 Example-- 13 The Court may decide an unsuccessful applicant for a licence be granted the 14 licence either unconditionally or on particular conditions. (3) If the Wardens Court substitutes another decision, the substituted 15 decision is taken, for the purposes of this Act, to be the decision of the 16 authorised officer, issuing officer or mining registrar. 17 to District Court on questions of law only 18 Appeal 104. A party dissatisfied by the decision of a Wardens Court on an 19 appeal under this Act may appeal to a District Court, but only on a question 20 of law. 21 PART 8--GENERAL 22 to be kept by registrar 23 Records 105.(1) Within 14 days after an agreement mentioned in section 48 24 (Some agreements run with land) for the declaration of land as designated 25 fossicking land or a fossicking area is entered into, the chief executive must 26

 


 

s 106 63 s 107 Fossicking give written notice of the agreement to the registrar for the land. 1 (2) The registrar must keep records that-- 2 (a) show the land subject to an agreement mentioned in section 48; 3 and 4 (b) state where particulars of the agreement may be inspected. 5 (3) The registrar must keep the records in a way that ensures a search of 6 a register kept by the registrar under any Act about the land will show the 7 existence of the agreement. 8 (4) The chief executive must, within 14 days after an agreement is ended 9 or land is excluded from the operation of the agreement, give written notice 10 to the registrar that the agreement has ended or the land has been excluded 11 from its operation. 12 (5) On receiving the notice, the registrar must-- 13 (a) remove the particulars of the agreement from the registrar's 14 records; or 15 (b) if the agreement has ended in relation to some, but not all the 16 land--change the record to show the land still subject to the 17 agreement. 18 19 Delegation 106. The chief executive may delegate the chief executive's powers under 20 this Act to an officer of the public service. 21 against liability 22 Protection 107.(1) This section applies to the following persons-- 23 (a) an authorised officer; 24 (b) an issuing officer; 25 (c) a land manager; 26 (d) a mining registrar; 27 (e) an owner of designated fossicking land or land in a fossicking 28 area; 29

 


 

s 108 64 s 108 Fossicking (f) a person who has given someone else permission under this Act 1 to fossick or camp on the person's land, mining claim or mining 2 lease. 3 (2) A person to whom this section applies does not incur civil liability for 4 an act done, or omission made, honestly and without negligence under this 5 Act. 6 (3) If subsection (2) prevents a civil liability attaching to the person, the 7 liability attaches instead to the State. 8 9 Regulations 108.(1) The Governor in Council may make regulations under this Act. 10 (2) A regulation may be made about the following matters-- 11 (a) the conduct of fossickers; 12 (b) the conduct of persons other than owners or fossickers on 13 designated fossicking land and fossicking areas; 14 (c) controlling pollution on designated fossicking land and fossicking 15 areas; 16 (d) naming, and defining the boundaries of, a miners common; 17 (e) the appointment of a controller of a miners common; 18 (f) the powers and functions of a controller of a miners common; 19 (g) the management of a miners common, including the appointment 20 of staff; 21 (h) fees to be paid under the Act. 22 (3) A regulation may provide that a contravention of a regulation is an 23 offence and prescribe a maximum penalty for the offence of not more than 24 80 penalty units. 25

 


 

s 109 65 s 112 Fossicking PART 9--REPEAL AND TRANSITIONAL 1 PROVISIONS 2 in Part 3 Definitions 109. In this Part-- 4 "repealed Act" means the Mining (Fossicking) Act 1985. 5 and amendment 6 Repeal 110.(1) The Mining (Fossicking) Act 1985 is repealed. 7 (2) The Schedule amends the Act mentioned in it. 8 commons 9 Miners 111.(1) A miners common established under section 48 of the repealed 10 Act, and in existence immediately before the commencement of this Part, 11 continues in existence as a miners common under this Act. 12 (2) Rules made under the repealed Act continue in force under this Act 13 for 1 year. 14 (3) Rules mentioned in subsection (2) may be repealed or amended by 15 regulation under this Act within the 1 year period. 16 areas 17 Designated 112.(1) A designated area under the repealed Act is taken to be 18 designated fossicking land under this Act. 19 (2) However, subsection (1) does not apply-- 20 (a) if section 113 (Fossicking areas) also applies to the land; or 21 (b) to land held under the Miners' Homestead Leases Act 1913 if the 22 landowner's agreement was not obtained before the land was 23 declared to be a designated area under the repealed Act. 24 (3) The terms of an agreement for the declaration of land as a designated 25

 


 

s 113 66 s 116 Fossicking area under the repealed Act continue to apply to land taken to be designated 1 fossicking land under subsection (1). 2 areas 3 Fossicking 113.(1) A fossicking area under the repealed Act is taken to be a 4 fossicking area under this Act. 5 (2) However, subsection (1) does not apply to land held under the 6 Miners' Homestead Leases Act 1913 if the owner's agreement was not 7 obtained before the land became a fossicking area under the repealed Act. 8 (3) The terms of an agreement for the declaration of land as a fossicking 9 area under the repealed Act continue to apply to land taken to be a 10 fossicking area under subsection (1). 11 officers 12 Issuing 114.(1) An issuing officer under the repealed Act is taken to be an 13 issuing officer under this Act for all land to which this Act applies on the 14 terms specified in the officer's appointment under the repealed Act. 15 (2) However, the terms of the officer's appointment may be varied under 16 this Act. 17 18 Licences 115.(1) A licence under the repealed Act in force immediately before the 19 commencement of this Part is taken to be a licence under this Act and 20 continues in force until it expires, or is earlier ended, according to its terms. 21 (2) The holder of a prospecting permit over land in a fossicking area in 22 force immediately before the commencement of this Part is taken to hold a 23 fossickers licence over the land under this Act while the permit is in force. 24 on camping 25 Prohibition 116. Land where camping is prohibited under section 28 of the repealed 26 Act is taken to be prohibited camping land under this Act. 27

 


 

s 117 67 s 120 Fossicking title 1 Native 117.(1) If, apart from this section, this Act would operate in a way that 2 extinguishes native title rights and interests or is wholly or partly 3 inconsistent with their continued existence, enjoyment or exercise of, this 4 Act does not have that operation. 5 (2) In subsection (1)-- 6 "native title rights and interests" has the meaning given by the Native 7 Title Act 1993 (Cwlth). 8 9 Example of rights and interests-- 10 Hunting, gathering and fishing rights and interests. (3) This section expires on the commencement of section 179 of the 11 Native Title (Queensland) Act 1993. 12 of s 20A of Acts Interpretation Act 1954 13 Application 118. This Part is a law to which section 20A of the Acts Interpretation 14 Act 1954 applies. 15 to Mining (Fossicking) Act 1985 16 References 119.(1) This section applies to references in Acts and documents in 17 existence on its commencement. 18 (2) A reference to the Mining (Fossicking) Act 1985 is taken to be a 19 reference to this Act. 20 21 Expiry 120. Sections 109 and 111 to 118 expire 1 year after they commence. 22 23

 


 

68 Fossicking CHEDULE 1 S ACTS AMENDED 2 section 110(2) 3 FORESTRY ACT 1959 4 1. After section 46-- 5 insert-- 6 `Sale of fossils and quarry materials to fossicker 7 `46A.(1) This section applies to a person fossicking under a licence 8 under the Fossicking Act 1994 on a State forest, timber reserve or forest 9 entitlement area ("forest land") where fossicking is permitted under the 10 Act. 11 `(2) If the person collects not more than 1 m3 of fossils or quarry 12 materials in a year, the Corporation is taken to have sold the fossils or 13 quarry materials to the person at no cost. 14 `(3) No royalty is payable for fossils or quarry materials mentioned in 15 subsection (2).'. 16 MINERAL RESOURCES ACT 1989 17 1. Section 1.8-- 18 insert-- 19 ` "fossicking area" has the meaning given by the Fossicking Act 1994.'. 20

 


 

69 Fossicking SCHEDULE (continued) 2. After section 3.3(2)-- 1 insert-- 2 `(2AA) However, a mining registrar must not grant a prospecting permit 3 for land in a fossicking area, or for land that includes the whole or part of a 4 fossicking area, unless the application for the permit was made, but not 5 decided, before the land became a fossicking area.'. 6 3. Section 3.8(3) `the Mining (Fossicking) Act 1985 or any other Act 7 relating to mining'-- 8 omit, insert-- 9 `any other Act about mining or the Fossicking Act 1994'. 10 4. Section 4.4(1)-- 11 insert 12 `(c) in a fossicking area.'. 13 5. Section 4.4-- 14 insert-- 15 `(1B) Subsection (1)(c) does not apply if the application for the mining 16 claim-- 17 (a) was made, but not decided, before the land became a fossicking 18 area; or 19 (b) is for land in a prospecting permit or exploration permit.'. 20 6. Section 5.12-- 21 insert-- 22 `(1A) However, the Minister must not grant an exploration permit for 23 land in a fossicking area, or for land that includes the whole or part of a 24

 


 

70 Fossicking SCHEDULE (continued) fossicking area, unless the application was made, but not decided, before the 1 land became a fossicking area.'. 2 7. Section 5.12 (3) `the Mining (Fossicking) Act 1985 or any other Act 3 relating to mining'-- 4 omit, insert-- 5 `any other Act about mining or the Fossicking Act 1994'. 6 8. Section 6.7-- 7 insert-- 8 `(1A) However, the Minister must not grant a mineral development 9 licence for land in a fossicking area, or for land that includes the whole or 10 part of a fossicking area, unless the application-- 11 (a) was made, but not decided, before the land became a fossicking 12 area; or 13 (b) is for land in an exploration permit.'. 14 9. Section 7.3-- 15 insert-- 16 `(2) However, the Governor in Council must not grant a mining lease for 17 land in a fossicking area, or for land that includes the whole or part of a 18 fossicking area, unless the application-- 19 (a) was made, but not decided, before the land became a fossicking 20 area; or 21 (b) is for land in a prospecting permit, exploration permit or mineral 22 development licence.'. 23 10. Section 11.10-- 24 omit, insert-- 25

 


 

71 Fossicking SCHEDULE (continued) `Act's application to holder of fossickers licence 1 `11.10 A holder of a fossickers licence under the Fossicking Act 1994 2 does not need a prospecting permit or mining claim to fossick under the 3 licence.'. 4 WATER RESOURCES ACT 1989 5 1. After section 4.36-- 6 insert-- 7 `Sale of controlled quarry materials to fossicker 8 `4.36A(1) This section applies to a person who collects controlled quarry 9 materials while fossicking under a licence under the Fossicking Act 1994. 10 `(2) If the person collects not more than 1 m3 of controlled quarry 11 materials in a year, the Corporation is taken to have sold the controlled 12 quarry materials to the person at no cost. 13 `(3) No royalty is payable for controlled quarry materials mentioned in 14 subsection (2).'. 15 16 State of Queensland 1994

 


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