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Selling Gems

Posted: Sat Sep 02, 2017 4:10 pm
by Barkerr
Can I sell any jewellery I make that uses gems I have found in the NE of Tasmania. I have a prospecting license and want to do this as a hobby, not a commercial enterprise. I did read through some interesting articles on the Apple Isle Prospector site and got the impression that its not clear. Is it as simple as a Yes or No answer? Thanks in advance.

Re: Selling Gems

Posted: Tue Sep 05, 2017 3:43 am
by Philski
Yes. You need to have a current Tasmanian prospecting licence, on approved lands and pay royalties.
And, the gems not be found in a designated fossicking area.

Re: Selling Gems

Posted: Tue Sep 05, 2017 11:46 am
by Barkerr
Philski wrote:Yes. You need to have a current Tasmanian prospecting licence, on approved lands and pay royalties.
And, the gems not be found in a designated fossicking area.

thank you for replying, I have a licence and gems not from designated fossicking areas. Sorry to ask more questions, I am just trying to do the right thing, does approved lands mean land you are allowed to prospect in (as shown on the list map for example) or with approval from land owner and who do I pay royalties to - the land owner or the person with the mineral rights, what if its crown land or timber zone etc?

Re: Selling Gems

Posted: Wed Sep 06, 2017 10:00 pm
by alwayslookin
I have seen quite a few gems and minerals get sold in Tas. and have never seen the gem police come check anyone out. I think if you dig deep enough , some paper pusher will sell you a permit for whatever you want. If you are mining tonnes of material then mining claims and royalties come into it but for a hobbyist I wouldn't bother. People are cutting stones locally and sending quite a few to Thailand to be cut all the time and making jewelry with them. Respect the land owners and don't trash the place and you should be OK. Post some pictures of what you make. Good luck

Re: Selling Gems

Posted: Wed Sep 06, 2017 11:44 pm
by Barkerr
yeah thanks you are right :) its a hobby and just want to cover my costs, plus like making them and think they look good. Will post some pictures, still mostly a work in progress. Def respect the land owners, don't be greedy and don't make a mess.

Re: Selling Gems

Posted: Mon Sep 11, 2017 4:39 pm
by mfdes
Hey Barkerr,

In my personal opinion, there is nothing in the law to say you can't.
There are also no conditions on the prospecting licence to say that you can't.

I don't think you cant be fined for doing something that's not explicitly illegal. You also cannot lose your prospecting licence unless you're contravening its conditions. If I hypothetically had sold gold as part of my hobby to pay for equipment, I would have declared the income and even paid tax on it. I probably wouldn't have had to, it's said that the ATO have a threshold of about $5,000 above which income a hobby can be considered a business. My feeling is that if you stick to the ATO's descriptions of what constitutes a hobby and what constitutes a business, you're probably safe.

If I sold, for example, $250 worth of gold, the few cents MRT would get off me, if any (after you discount my costs) are not worth their time to be looking into this. They will just tell you that you're not allowed because this is the lazy/easy answer. Imagine having to process the returns from hundreds of prospectors that add up to virtually nothing.

Hypothetically speaking, if MRT became aware that you were selling gemstones under a prospecting licence, the only thing they could do would be to refuse to grant you a new licence when yours expires. If you wanted to make triple-sure, I would write to the Director of Mines and petition to sell some material, with a description of what it is you want to sell, and explaining that it is as part of your hobby.
This is how Exploration Licence holders have to do it. However they have to petition the Director by law, and there is no such requirement for us.

Again, just my personal opinion.


Re: Selling Gems

Posted: Tue Sep 12, 2017 10:56 am
by Barkerr
Thanks Miguel, I was hoping you would respond and shed some light on the subject :) A very useful and detailed response, much appreciated. P.S. I will post a pic soon of my jewellery.