Fossicking Conditions 

The issuing of Fossickers Permits, under section 130 (c)(2) of the Mining Act, are for non-commercial purposes to persons aged 15 years and older.

Fossickers' Permits are granted subject to the following conditions, as contained in the Mining Act:

(3) It is a condition in respect of every fossicking permit that the right of the holder to fossick does not continue in relation to an area after an approved determination of native title that native title exists in the area has been made except in accordance with an indigenous land use agreement.

(1) Subject to this Act, a fossicker's permit authorises a fossicker to fossick for minerals using hand-held implements on or within one metre below the line of the natural contour of the surface of land which has been declared a fossicking area under section 131 or within one metre below the line of the natural contour of the surface of land which has not been so declared where that land is -

(a) Crown land;

(b) private land, but only if the holder of the fossicker's permit has the consent in writing of the owner and, if not one and the same, the occupier of the private land;

(c) land held for an estate in fee simple, or on lease from the Crown, by the Conservation Land Corporation established by section 27 of the Parks and Wildlife Commission Act, but only if the holder of the fossicker's permit has the consent in writing of the Parks and Wildlife Commission within the meaning of that Act;

(ca) land in respect of which there is an approved determination of native title that native title exists in the land, but only in accordance with an indigenous land use agreement;

(d) the subject of an exploration retention licence, or an application for an exploration retention licence, but only if the holder of the fossicker's permit has the consent in writing of the holder of, or the applicant for, the exploration retention licence;

(e) the subject of a mining tenement, or an application for a mining tenement, but only if the holder of the fossicker's permit has the consent in writing of the holder of, or the applicant for, the mining tenement; or

(f) subject to section 132, the subject of an exploration licence,

and to remove from that land minerals discovered by the fossicker.

(2) A fossicker's permit does not authorise a fossicker to fossick:

(a) for diamonds, fossils of vertebrate animals or meteorite fragments; or

(b) as a profit-making venture so that the whole or a substantial part of the fossicker's income is derived from trading minerals discovered by the fossicker.

(3) Notwithstanding subsection (2)(b), a fossicker may sell minerals, but only occasionally and if the income derived from such sales does not constitute the whole or a substantial part of the fossicker's livelihood.

132. Fossicking on land subject to exploration licence

(1) A fossicker who intends to fossick for gold on land which is the subject of an exploration licence shall not do so unless the fossicker has first obtained the consent in writing of the holder of the exploration licence.

(2) Where an exploration licence is granted in respect of land which has been declared to be a fossicking area, a fossicker may, notwithstanding the grant of the licence, enter on and have access over the part of that land comprised in the exploration licence area for the purposes of fossicking (including fossicking for gold).