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Guide to Queensland fossicking legislation

The Fossicking Act 1994 clearly separates administration of fossicking activities from that for commercial mining. It removes the inconvenience for fossickers to apply for a prospecting permit under the Mineral Resources Act 1989. It also provides for specific designated fossicking lands and fossicking areas and for camping in some of these, which will assist access for tourists and regional tourist promotion.

What is fossicking?

Fossicking is defined as the searching for and collection of fossicking materials from the surface or by digging with hand tools. This may only be for recreational, tourist or educational purposes. The use of materials collected under a Fossickers Licence for commercial purposes is prohibited. The Act does not apply to collecting by or on behalf of recognised scientific institutions.

What are fossicking materials?

Fossicking materials are defined as gemstones, ornamental stones, mineral specimens, alluvial gold (including nuggets), some fossil specimens and any other material declared by Regulation. Meteorites and fossils of vertebrate animals are excluded.

What are hand tools?

Hand tools are defined as picks, shovels, hammers, sieves, shakers, electronic detectors and other like tools (as specified by Regulation). No machinery is permitted.

What are the limits to digging?

Fossickers are not permitted to dig below 2m of the natural ground surface of land, or below 0.5m in streams, or below any lesser depth given by Regulation for specific situations. Overhangs or tunnels are not allowed. On road reserves, no digging is permitted but collection from existing exposures is allowed. In rare cases Regulations may stipulate the volume of material that can be removed from specific sites.

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What are commercial purposes?

Selling of the occasional "lucky find" of a gemstone, or selling or interchanging material to hobbyists or through fairs and exhibitions is permitted. However, repeated removal for sale through shops or businesses, or as part of making a living, is considered commercial, and requires tenure under the Mineral Resources Act 1989. Discovery of a commercial mineral deposit by a fossicker does not give any prior rights to it under the Mineral Resources Act 1989.

Are any areas exempt?

Fossicking is not permitted in national parks, conservation parks and wild river areas, or on State forests and timber reserves except where specifically agreed to in advance by the Environmental Protection Agency.

It is also not permitted on areas where there has been a determination that native title exists, unless there is an Indigenous Land Use Agreement for the land that permits fossicking.

Other areas may be declared to be exempt by Regulation from time to time (generally areas also exempt from commercial mining). Certain sites (such as fossil localities) may be proclaimed to be exempt to protect them.

What is required to fossick?

To fossick a person needs to be the holder of a current Fossickers Licence. An exception to this applies in cases where a fee is paid for entry onto a mining claim or mining lease, such as at tourist mines, or where other arrangements have been made with mining tenure holders.

Licences are available for individuals, families, clubs, educational organisations, and commercial tour operators for terms varying from 1 month to 12 months. Fees vary accordingly. Licences are normally valid for the whole of the State, although in some cases they may be issued for local areas only.

Licences are available from the district offices of the Department of Mines and Energy (DME) and local agents including local governments and businesses.

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What does a fossickers licence entitle?

A fossickers licence entitles entry and fossicking on any non-exempt land throughout the state, with the written permission of any land owner or mining tenure holder. These may include lessees of State land, trustees of reserves and holders of mining leases, mining claims and any extraction permits under the Forestry Act 1959 or Water Act 2000. If more than one owner or holder is involved, all must give permission.

Such permission must be endorsed on or attached to the licence. Permission may be conditional on any matter, including the payment of a fee, at the discretion of the land owner. Land owners may withdraw permission at any time provided adequate notice is given to remove equipment. No permission is required on unoccupied land provided that a determination that native title exists has not been made. On road reserves, no permission is required, but fossickers may only collect and not dig.

Club, educational organisation, and commercial tour operator fossickers licences authorise fossicking for a maximum of 50 people at any one time and place. Commercial tour operators' fossickers licences do not authorise fossicking for fossil specimens. They also do not remove the need for any permits necessary under other legislation.

Royalties are payable on fossicking materials which are the property of the Crown (minerals under the Mineral Resources Act 1989, quarry materials on State lands and streams under the Forestry Act 1959 and Water Act 2000), but threshold exemptions of $100 000 under the Minerals Resources Regulation 2003 mean that generally most fossickers are not liable.

Areas of general permission

Land owners (including the Environmental Protection Agency for State forests) may give to the district mining registrar general permission for fossicking and camping on specific areas of properties to avoid the need for each fossicker to contact them for individual permissions. These permissions may be given under conditions. Mining registrars should be consulted regarding the locations of such areas and requirements within them.

Designated fossicking lands and fossicking areas

Certain areas known as designated fossicking lands and fossicking areas have been established where the permission of land owners for fossicking has been obtained in advance by the government, and no further permission generally needs to be sought by the individual fossicker. No fee is payable to any land owner in such areas.

These areas have been established with the co-operation of local governments, systematically signposted and publicised as part of a State-wide network to assist the tourist industry.

Commercial activities and living on such areas are not allowed, except by land owners and mining tenure holders.

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Designated fossicking lands

Designated fossicking lands are areas where the government has negotiated the land owners' permission in advance, but where some commercial mining on mining claims and mining leases under the Mineral Resources Act 1989 may also still occur.

The general right of access for fossicking without permission applies, except for any areas held under mining leases and mining claims, where access is allowed only with the permission of the mining lease or claim holder.

Most designated fossicking lands are on the central Queensland gemfields where they were formerly declared as designated areas.

Fossicking areas

These are specific areas where the government has negotiated access for fossicking from the land owners in advance, and no competition from commercial mining is allowed. Generally they are areas where the fossicking materials are at shallow depth and accessible by hand excavation.

Who looks after designated fossicking lands and fossicking areas?

DME establishes these areas and signposts them. In some cases managers, such as local governments, may be appointed to assist in establishment, maintenance and monitoring of activities. Authorised officers may be appointed from the staff of these managers.

Authorised officers may temporarily close parts of designated fossicking land or fossicking areas or prohibit fires within them for reasons of safety, hygiene, rehabilitation of sites or to avoid inconvenience to users. Signs will indicate this.

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Camping

A fossickers licence does not entitle the holder to camp on any land. If this is required, independent arrangements generally have to be made with the land owner, and any other laws relating to camping (e.g. a local government local law) must be complied with.

A land owner may give general permission for camping on parts of a property when a general permission for fossicking in that area is given to the mining registrar.

On designated fossicking lands and fossicking areas, camping may still be controlled by the land owner. However, camping within them may also be:

  • controlled under the Fossicking Act 1994 ("Regulated Camping Land"-see next section);
  • prohibited in whole or in part ("Prohibited Camping Land").

Advice as to arrangements in specific areas should be sought from the mining registrar.

Camping controlled under the Fossicking Act

For those designated fossicking lands and fossicking areas declared as regulated camping land (including any mining tenures within them), a fossickers camping permit is required. This may apply to all persons or to fossickers only, depending on the declaration for the area. Permits are available from the same sources as for fossickers licences.

There is a small charge on a nightly basis, with discounts for more than six days.

The maximum stay at any one area is three months.

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Expected behaviour

The Fossicking Act 1994 and Fossicking Regulation 1994 contain requirements for fossickers to maintain safety, hygiene and a high standard of behaviour during their visits so that land owners do not become disillusioned and prohibit such activities to the future detriment of the hobby. If permission to fossick or camp is given on conditions, such conditions must be complied with.

Land owners are able to call upon the assistance of a mining registrar if unacceptable activities occur.

Generally fossickers must not:

  • destroy or injure any trees
  • clear any vegetation except above an actual excavation
  • pollute any watercourse, dam or the like
  • create areas likely to erode
  • interfere with any domestic stock or wildlife
  • interfere with improvements of land owners (gates to be left as found)
  • interfere with any heritage or cultural site
  • undermine any banks or dig pits to create any tunnels or overhanging sections.

On leaving a site, fossickers must:

  • refill all excavations (except within designated fossicking lands and fossicking areas)
  • remove all camping structures
  • bury human waste at least 20cm deep and 20m away from the high bank of any watercourse
  • remove all rubbish, unless established bins or pits are in the vicinity
  • do all other things to ensure the site is in a safe, tidy, and sanitary condition.

Within watercourses, fossickers must not:

  • excavate within 40m of any bridge, weir or other structure, unless signs indicate otherwise
  • excavate on the slopes of banks, or within 3m of the top or toe of banks, where such activities may cause the collapse of such banks
  • significantly interrupt or divert the flow of the stream
  • cause any significant turbidity more than 300m downstream
  • interfere within any trees or shrubs in the watercourse;
  • erect any structures in the watercourse.

On leaving, excavations must be refilled and excess material placed so as to minimise disturbance to the channel and significant stream flows.

Within designated fossicking lands and fossicking areas fossickers must not:

  • erect any permanent or semi-permanent structures
  • make any new tracks or roads without approval
  • drive on any fossicking land
    • in an unregistered vehicle or without a licence
    • at more than 50kph
    • or off a made track or road
    • in a hazardous or noisy manner
    • in a way that would harm the road surface
  • use a weapon, trap or explosive
  • operate any generator, radio, or other electrical appliance with excessive noise that may annoy other fossickers
  • damage any sign or other structure
  • light any fire except within a fireplace or a cleared space with a radius of at least 2m
  • light a fire if a notice indicates that this is prohibited
  • bring any dogs or cats if a notice indicates that this is prohibited
  • allow any water supply to run to waste
  • fossick, camp, or light a fire when instructed not to do so temporarily by a signboard or authorised officers.

On leaving a site, besides burying human waste, dismantling camping structures and removing rubbish etc as above, all excavations must be made safe for future fossickers, stock and land owners, if necessary as instructed by DME staff or authorised officers.

Controls

Infringement Notices (on-the-spot fines) and prosecutions may be used to enforce the provisions of the legislation. Breaches may also result in cancellation of licences.

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Last Updated 31 July 2008