Legal Status

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TassieDigger
Posts: 5
Joined: Thu Dec 17, 2015 7:50 pm

Legal Status

Post by TassieDigger » Fri Dec 18, 2015 5:37 pm

OK, I am new to the fossicking/detecting game, but have had an avid interest for many years.

I have purchased a Prospecting Licence (not getting caught with the penalties that apply).

Now I am officially slightly confused. Under the terms of the fossicking licence, I can fossick in areas not designated as such. So, I should by rights be able to go to bushland in say Kingborough, that meets the specifications and fossick. BUT . . . if you read the Kingborough Council By-Laws, you cannot even "dig", without a permit from them.

My question? Doesn't a State Government body issued licence overrule a Council By-Law? The same way a Federal Law, overrules a State Law.

Hence, all these little scare tactics by the councils (Hobart City Council seem one of the worst), are moot, as the State granted/issued licence would surely put their little by-law to the side?

Thoughts/comments by more experienced people please.

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mfdes
Posts: 150
Joined: Mon Apr 29, 2013 1:10 pm
Location: Hobart
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Re: Legal Status

Post by mfdes » Sat Dec 19, 2015 8:52 am

Hi TassieDigger,

From what I gather, local councils only have power to enforce by-laws in land that they actually own, but never on crown land. The thing to do is to use MRTmap and click on the "Layers" overlay in the top right and add a new layer. Find and open "Tenements" and click on "unavailable areas". The greyed out areas in the map are land that is NOT available for mining under the Mineral Resources Development Act (the State law). Everything else should be, provided your licence allows you to prospect in that area. The main issue is access.

If the council owns the land, however, it can be unclear whether you can prospect or not. I doubt you'd get prosecuted. In any case, I've rarely come across council owned land that was prospective. Most of it is crown land.

TassieDigger
Posts: 5
Joined: Thu Dec 17, 2015 7:50 pm

Re: Legal Status

Post by TassieDigger » Sat Dec 19, 2015 12:45 pm

Thanks mfdes, great info. I will have a play on MRTMap later. A new resource that I was not aware of.

Guess I am a true digger virgin? LOL

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